Title 36 — PROFESSIONS AND OCCUPATIONS

Terms used in this chapter mean: (1) "Board," a licensing board authorized in title 36; (2) "Health professionals assistance program," or "program," a confidential program designed to monitor and manage the treatment and continuing care of a health professional who may be unable …

A board may use the program as an alternative to, or in conjunction with, other sanctions that may be imposed by the board. Source: SL 2021, ch 170 , § 2.

Source: SL 1996, ch 227 , § 10; SL 2013, ch 171 , § 10; SL 2021, ch 170 , § 11.

Source: SL 1996, ch 227 , § 11; SL 2013, ch 171 , § 11; SL 2021, ch 170 , § 12.

All records of program participants are confidential and are not subject to discovery or subpoena. Only authorized program personnel may have access to participant records unless the participant voluntarily provides for written release of the information. A board may only have ac…

Any person, agency, institution, facility, or organization making reports to the board or health professionals assistance program regarding an individual suspected of practicing while impaired or reports of a participant's progress or lack of progress in the program is immune fro…

Each board conducting a health professionals assistance program may promulgate rules, pursuant to chapter 1-26 , pertaining to: (1) Program structure; (2) Admission criteria; (3) Criteria for denial of admission; (4) Required participation components; (5) Termination of participa…

Source: SL 1996, ch 227 , § 15; SL 2013, ch 171 , § 15; SL 2021, ch 170 , § 16.

The term, "physician wellness program," as used in §§ 36-2A-16 to 36-2A-19 , inclusive, means a program of evaluation, counseling, or other modality to address an issue related to career fatigue or wellness in a person licensed to practice medicine or osteopathy under chapter 36-…

Any record of a person's participation in a physician wellness program is confidential and not subject to discovery, subpoena, or a reporting requirement to the applicable board, unless the person voluntarily provides for written release of the information or the disclosure is re…

Any statewide association, exempt from taxation under 26 U.S.C. § 501(c)(6) and that primarily represents health care professionals licensed to practice medicine or osteopathy under chapter 36-4 , may establish a physician wellness program. Source: SL 2021, ch 171 , § 3.

Any person, agency, institution, facility, or organization employed by, contracting with, or operating a physician wellness program, when acting in good faith, is immune from civil liability for any action related to their duties in connection with a physician wellness program. S…

A board may conduct, or contract for services with an entity to conduct, a health professionals assistance program to protect the public from impaired persons regulated by the board. The program does not affect a board's authority to discipline violators of a board's practice act…

Source: SL 1996, ch 227 , § 3; SL 2013, ch 171 , § 3; SL 2021, ch 170 , § 4.

Source: SL 1996, ch 227 , § 4; SL 2013, ch 171 , § 4; SL 2021, ch 170 , § 5.

Source: SL 1996, ch 227 , § 5; SL 2013, ch 171 , § 5; SL 2021, ch 170 , § 6.

An applicant that meets admission criteria shall be allowed access to the program by self-referral, board referral, or referral from another person or agency. Program personnel shall advise the applicant of the program requirements and the implications of noncompliance and shall …

Admission to the program is available to any person who meets the admission criteria and: (1) Holds licensure as a health care professional in this state; (2) Is eligible for and in the process of applying for licensure as a health care professional in this state; or (3) Is enrol…

Admission to the program may be denied if the applicant: (1) Is not eligible for licensure in this state; (2) Diverted controlled substances for other than personal use; (3) Creates too great a risk to the public by participating in the program as determined by program personnel;…

The program participation components may include requirements for treatment and continuing care, work-site monitoring, practice restrictions, random drug screening, support group participation, filing of reports, compliance documentation, and other requirements as necessary to ma…