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1997 SESSION

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SB 964 Health Practitioners' Intervention Program.

Introduced by: John S. Edwards | all patrons    ...    notes | add to my profiles

SUMMARY:

Health Practitioners' Intervention Program. Requires the Director of the Department of Health Professions to establish, by January 1, 1998, a program to provide intervention to impaired practitioners who are regulated by a health regulatory board within the Department of Health Professions. The Director will promulgate regulations for this program. Impairment is defined as any physical or mental disability which substantially alters the ability of a practitioner to practice his profession with safety to his patients and the public. An intervention program committee will be appointed by the Director to supervise this program. In accordance with the regulations, the Intervention Program Committee will determine eligibility for participation, determine who will be eligible for stayed disciplinary action, enter into contracts with the impaired practitioners, and report to the Director and the health regulatory boards on various matters. Program operating costs will be funded, as with all other activities of the Department of Health Professions, through special dedicated revenues. Any impaired practitioner may voluntarily participate in the program regardless of whether the impairment constitutes grounds for disciplinary action. Under certain circumstances, disciplinary proceedings against an impaired practitioner will be stayed. Conditions for staying the disciplinary action are that: (i) there is no report of a possible violation of law or regulation other than an impairment or the diversion of controlled substances for personal use so long as the personal use does not constitute a danger to patients or clients; (ii) the practitioner remains in compliance with the terms, testing, treatment and other conditions required in the written contract with the Intervention Program Committee; (iii) disciplinary action against the practitioner has not previously been stayed in accordance with this section; (iv) the practitioner has voluntarily withdrawn from his practice or has limited the scope of his practice as specified in the written contract with the Intervention Program Committee and is currently in compliance with the terms, testing, treatment, and other conditions required by the contract; and (v) the Intervention Program Committee has consulted with the designated representative of the relevant health regulatory board. This program's records and the meetings of the Intervention Program Committee relating to specific practitioners' medical records and identities will be exempted from the Freedom of Information Act. The information will be privileged and confidential. The regulations and proceedings of the program will also be exempt from the Administrative Process Act. Court orders require good cause and protections for unauthorized disclosures. Limited immunity is provided to the Intervention Program Committee. This program will not, however, inhibit any investigation by a health regulatory board, law enforcement agency or other agency or prohibit any prosecution of any law.


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