Section 36-2A-14 – Promulgation of rules.
36-2A-14. Promulgation of rules. 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 participation and discharge criteria; (6)Confidentiality and retention of program records; (7)Program evaluation criteria; and (8)Participation fees. Source: SL 1996, ch […]
Section 36-2A-16 – Physician wellness program defined.
36-2A-16. Physician wellness program defined. 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 36-4 or a physician assistant licensed under […]
Section 36-2A-17 – Physician wellness program–Confidentiality–Exemption.
36-2A-17. Physician wellness program–Confidentiality–Exemption. 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 required to meet the licensee’s obligation to report a […]
Section 36-2A-18 – Physician wellness program–Statewide association.
36-2A-18. Physician wellness program–Statewide association. 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.
Section 36-2A-19 – Physician wellness program–Civil liability.
36-2A-19. Physician wellness program–Civil liability. 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. Source: SL 2021, ch 171, § 4.
Section 36-2A-2 – Health professional assistance program–Standards.
36-2A-2. Health professional assistance program–Standards. 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. A health professionals assistance program […]
Section 36-2A-6 – Application to program–Admission evaluation.
36-2A-6. Application to program–Admission evaluation. 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 secure an agreement with the applicant that includes participation […]
Section 36-2A-7 – Eligibility.
36-2A-7. Eligibility. 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 enrolled as a student in a program […]
Section 36-2A-8 – Denial of admission.
36-2A-8. Denial of admission. 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; or (4)Has engaged in sexual misconduct that […]
Section 36-2A-9 – Participation components.
36-2A-9. Participation components. 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 manage mental health or substance use related issues or disorders and for successful completion of the program. Source: SL […]