1. A licensee may voluntarily self-refer or self-report to the physician health program
or the board that the licensee may have a potentially impairing condition.
2. A licensee:
a. Who under this section voluntarily seeks the assistance of the physician health
program in assessing or dealing with a condition that could possibly lead to impairment
will not be reported to the board solely on the basis of this self-referral. However, if a licensee who self-refers or self-reports refuses evaluation by the
program; if the evaluation reveals evidence of a condition or impairment that could
affect the licensee's ability to practice or constitutes a threat to the safety of
patients or the public; or the licensee refuses to cooperate with the treatment plan,
monitoring and followup, or aftercare devised by the program, including any recommendation
about current continuation in practice, the program shall report the identity and
findings of the evaluation of the licensee to the board. Participation in the program does not protect a licensee from board action resulting
from a report of the licensee's possible violations of chapter 43-17.
b. Who self-reports or self-refers to the board for a potentially impairing condition
may be referred by the board to the physician health program in the manner prescribed
by board policies, and subsequent reporting by the program to the board will be at
the discretion and in the manner prescribed by the board.
c. Who is participating in or who has completed a contract for treatment with and
has been discharged from the physician health program, who is in full compliance with
all facets of the treatment plan or has completed treatment and is compliant with
aftercare, may answer in the negative on any question on the application to the board
for licensure or licensure renewal regarding current impairment by that condition
or those conditions for which the licensee is currently participating in or has been
discharged from the physician health program. However, any recurrence of the impairing condition or conditions or the existence
of other potentially impairing conditions that are not currently known to the physician
health program must be reported on the application.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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