| 6 | | - | To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and1 |
|---|
| 7 | | - | businesses, so as to provide certain licensure requirements and programs for certain2 |
|---|
| 8 | | - | healthcare professionals; to authorize the Georgia Composite Board of Professional3 |
|---|
| 9 | | - | Counselors, Social Workers, and Marriage and Family Therapists to establish a professional4 |
|---|
| 10 | | - | health program to provide for monitoring and rehabilitation of impaired healthcare5 |
|---|
| 11 | | - | professionals; to authorize the Georgia Board of Nursing to establish a professional health6 |
|---|
| 12 | | - | program to provide for monitoring and rehabilitation of impaired healthcare professionals;7 |
|---|
| 13 | | - | to provide for funding or gifts in kind; to provide for licensure of certain qualifying foreign8 |
|---|
| 14 | | - | medical graduates; to provide for a nonrenewable limited provisional license under certain9 |
|---|
| 15 | | - | conditions; to provide for a renewable restricted license under certain conditions; to provide10 |
|---|
| 16 | | - | for the application for full licensure under certain conditions; to provide for rules and11 |
|---|
| 17 | | - | regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.12 |
|---|
| 18 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 |
|---|
| 19 | | - | - 1 - 24 LC 36 5869S |
|---|
| 20 | | - | SECTION 1.14 |
|---|
| 21 | | - | Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,15 |
|---|
| 22 | | - | is amended in Chapter 10A, relating to professional counselors, social workers, and marriage16 |
|---|
| 23 | | - | and family therapists, by adding a new Code section to read as follows:17 |
|---|
| 24 | | - | "43-10A-24.18 |
|---|
| 25 | | - | (a) As used in this Code section, the term:19 |
|---|
| 26 | | - | (1) 'Entity' means an organization or medical professional association which conducts20 |
|---|
| 27 | | - | professional health programs.21 |
|---|
| 28 | | - | (2) 'Healthcare professional' means any individual licensed, certified, or permitted by the22 |
|---|
| 29 | | - | board under this chapter.23 |
|---|
| 30 | | - | (3) 'Impaired' means the inability of a healthcare professional to practice with reasonable24 |
|---|
| 31 | | - | skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,25 |
|---|
| 32 | | - | chemicals, or any other type of material, or as a result of any mental or physical26 |
|---|
| 33 | | - | condition.27 |
|---|
| 34 | | - | (4) 'Professional health program' means a program established for the purposes of28 |
|---|
| 35 | | - | monitoring and rehabilitation of impaired healthcare professionals.29 |
|---|
| 36 | | - | (b) The board shall be authorized to conduct a professional health program to provide30 |
|---|
| 37 | | - | monitoring and rehabilitation of impaired healthcare professionals in this state. To this31 |
|---|
| 38 | | - | end, the board shall be authorized to enter into a contract with an entity for the purpose of32 |
|---|
| 39 | | - | establishing and conducting such professional health program, including, but not limited33 |
|---|
| 40 | | - | to:34 |
|---|
| 41 | | - | (1) Monitoring and rehabilitation of impaired healthcare professionals for the purpose35 |
|---|
| 42 | | - | of ensuring the fitness of each such healthcare professional to resume or continue the36 |
|---|
| 43 | | - | practice of his or her healthcare profession while maintaining the safety of the public;37 |
|---|
| 44 | | - | (2) Performing duties related to paragraph (10) of subsection (a) of Code38 |
|---|
| 45 | | - | Section 43-10A-17; and39 |
|---|
| 46 | | - | (3) Performing such other related activities as determined by the board.40 |
|---|
| 47 | | - | - 2 - 24 LC 36 5869S |
|---|
| 48 | | - | (c) Notwithstanding subsection (k) of Code Section 43-1-2 and Code Section 43-10A-17,41 |
|---|
| 49 | | - | the board shall be authorized to provide pertinent information regarding healthcare42 |
|---|
| 50 | | - | professionals, as determined by the board and in its sole discretion, to an entity for its43 |
|---|
| 51 | | - | purposes in conducting a professional health program pursuant to this Code section.44 |
|---|
| 52 | | - | (d) All information, interviews, reports, statements, memoranda, or other documents45 |
|---|
| 53 | | - | furnished to an entity by the board or other source or produced by an entity and any46 |
|---|
| 54 | | - | findings, conclusions, recommendations, or reports resulting from the monitoring or47 |
|---|
| 55 | | - | rehabilitation of healthcare professionals pursuant to this Code section are declared to be48 |
|---|
| 56 | | - | privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,49 |
|---|
| 57 | | - | relating to open records. All such records of an entity shall be confidential and shall be50 |
|---|
| 58 | | - | used by such entity and its employees and agents only in the exercise of the proper function51 |
|---|
| 59 | | - | of the entity pursuant to its contract with the board. Such information, interviews, reports,52 |
|---|
| 60 | | - | statements, memoranda, or other documents furnished to or produced by an entity and any53 |
|---|
| 61 | | - | findings, conclusions, recommendations, or reports resulting from the monitoring or54 |
|---|
| 62 | | - | rehabilitation of healthcare professionals shall not be available for court subpoenas or for55 |
|---|
| 63 | | - | discovery proceedings.56 |
|---|
| 64 | | - | (e) An impaired healthcare professional who participates in a professional health program57 |
|---|
| 65 | | - | conducted pursuant to this Code section shall bear all costs associated with such58 |
|---|
| 66 | | - | participation.59 |
|---|
| 67 | | - | (f) Any entity that contracts with the board pursuant to this Code section shall be immune60 |
|---|
| 68 | | - | from any liability, civil or criminal, that might otherwise be incurred or imposed for the61 |
|---|
| 69 | | - | performance of any functions or duties under the contract, if performed in accordance with62 |
|---|
| 70 | | - | the terms of such contract and the provisions of this Code section.63 |
|---|
| 71 | | - | (g) This Code section shall be subject to appropriation by the General Assembly. The64 |
|---|
| 72 | | - | board may accept and solicit private funding, public grants, in-kind gifts, or any other65 |
|---|
| 73 | | - | funding or donations that may be available to facilitate the purpose of conducting a66 |
|---|
| 74 | | - | professional health program."67 |
|---|
| 75 | | - | - 3 - 24 LC 36 5869S |
|---|
| 76 | | - | SECTION 2.68 |
|---|
| 77 | | - | Said title is further amended in Chapter 26, relating to nurses, by adding a new article to read69 |
|---|
| 78 | | - | as follows:70 |
|---|
| 79 | | - | "ARTICLE 571 |
|---|
| 80 | | - | 43-26-70.72 |
|---|
| 81 | | - | As used in this article, the term:73 |
|---|
| 82 | | - | (1) 'Board' means the Georgia Board of Nursing.74 |
|---|
| 83 | | - | (2) 'Entity' means an organization or medical professional association which conducts75 |
|---|
| 84 | | - | professional health programs.76 |
|---|
| 85 | | - | (3) 'Healthcare professional' means any individual licensed, certified, or permitted by the77 |
|---|
| 86 | | - | board under this chapter.78 |
|---|
| 87 | | - | (4) 'Impaired' means the inability of a healthcare professional to practice with reasonable79 |
|---|
| 88 | | - | skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,80 |
|---|
| 89 | | - | chemicals, or any other type of material, or as a result of any mental or physical81 |
|---|
| 90 | | - | condition.82 |
|---|
| 91 | | - | (5) 'Professional health program' means a program established for the purposes of83 |
|---|
| 92 | | - | monitoring and rehabilitation of impaired healthcare professionals.84 |
|---|
| 93 | | - | 43-26-71.85 |
|---|
| 94 | | - | (a) The board shall be authorized to conduct a professional health program to provide86 |
|---|
| 95 | | - | monitoring and rehabilitation of impaired healthcare professionals in this state. To this87 |
|---|
| 96 | | - | end, the board shall be authorized to enter into a contract with an entity for the purpose of88 |
|---|
| 97 | | - | establishing and conducting such professional health program, including, but not limited89 |
|---|
| 98 | | - | to:90 |
|---|
| 99 | | - | - 4 - 24 LC 36 5869S |
|---|
| 100 | | - | (1) Monitoring and rehabilitation of impaired healthcare professionals for the purpose91 |
|---|
| 101 | | - | of ensuring the fitness of each such healthcare professional to resume or continue the92 |
|---|
| 102 | | - | practice of his or her healthcare profession while maintaining the safety of the public;93 |
|---|
| 103 | | - | (2) Performing duties related to paragraph (2) of Code Section 43-26-11; and94 |
|---|
| 104 | | - | (3) Performing such other related activities as determined by the board.95 |
|---|
| 105 | | - | (b) Notwithstanding subsection (k) of Code Section 43-1-2 and Code Section 43-26-11,96 |
|---|
| 106 | | - | the board shall be authorized to provide pertinent information regarding healthcare97 |
|---|
| 107 | | - | professionals, as determined by the board and in its sole discretion, to an entity for its98 |
|---|
| 108 | | - | purposes in conducting a professional health program pursuant to this Code section.99 |
|---|
| 109 | | - | (c) All information, interviews, reports, statements, memoranda, or other documents100 |
|---|
| 110 | | - | furnished to an entity by the board or other source or produced by an entity and any101 |
|---|
| 111 | | - | findings, conclusions, recommendations, or reports resulting from the monitoring or102 |
|---|
| 112 | | - | rehabilitation of healthcare professionals pursuant to this Code section are declared to be103 |
|---|
| 113 | | - | privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,104 |
|---|
| 114 | | - | relating to open records. All such records of an entity shall be confidential and shall be105 |
|---|
| 115 | | - | used by such entity and its employees and agents only in the exercise of the proper function106 |
|---|
| 116 | | - | of the entity pursuant to its contract with the board. Such information, interviews, reports,107 |
|---|
| 117 | | - | statements, memoranda, or other documents furnished to or produced by an entity and any108 |
|---|
| 118 | | - | findings, conclusions, recommendations, or reports resulting from the monitoring or109 |
|---|
| 119 | | - | rehabilitation of healthcare professionals shall not be available for court subpoenas or for110 |
|---|
| 120 | | - | discovery proceedings.111 |
|---|
| 121 | | - | 43-26-72.112 |
|---|
| 122 | | - | An impaired healthcare professional who participates in a professional health program113 |
|---|
| 123 | | - | conducted pursuant to Code Section 43-26-71 shall bear all costs associated with such114 |
|---|
| 124 | | - | participation.115 |
|---|
| 125 | | - | - 5 - 24 LC 36 5869S |
|---|
| 126 | | - | 43-26-73.116 |
|---|
| 127 | | - | Any entity that contracts with the board pursuant to Code Section 43-26-71 shall be117 |
|---|
| 128 | | - | immune from any liability, civil or criminal, that might otherwise be incurred or imposed118 |
|---|
| 129 | | - | for the performance of any functions or duties under the contract if performed in119 |
|---|
| 130 | | - | accordance with the terms of such contract and the provisions of this article.120 |
|---|
| 131 | | - | 43-26-74.121 |
|---|
| 132 | | - | This article shall be subject to appropriation by the General Assembly. The board may122 |
|---|
| 133 | | - | accept and solicit private funding, public grants, in-kind gifts, or any other funding or123 |
|---|
| 134 | | - | donations that may be available to facilitate the purpose of conducting a professional health124 |
|---|
| 135 | | - | program."125 |
|---|
| 136 | | - | SECTION 3.126 |
|---|
| 137 | | - | Said title is further amended in Chapter 34, relating to physicians, physician assistants, and127 |
|---|
| 138 | | - | others, by revising Code Section 43-34-34, relating to limited provisional licenses relative128 |
|---|
| 139 | | - | to physicians, as follows:129 |
|---|
| 140 | | - | "43-34-34.130 |
|---|
| 141 | | - | (a) A person who held a valid provisional license on or before April 16, 1979, shall be able131 |
|---|
| 142 | | - | to renew such license annually without any one-time-only renewal limitation, as long as132 |
|---|
| 143 | | - | such person continues to meet the other requirements specified in this article and does not133 |
|---|
| 144 | | - | otherwise violate this article.134 |
|---|
| 145 | | - | (b) The board may issue a limited provisional license to a physician licensed or otherwise135 |
|---|
| 146 | | - | authorized to practice in a jurisdiction outside of the United States, provided that the board136 |
|---|
| 147 | | - | receives acceptable evidence that the applicant has:137 |
|---|
| 148 | | - | (1) Received a degree of doctor of medicine or its equivalent from an accredited medical138 |
|---|
| 149 | | - | school outside of the United States, has been licensed or otherwise authorized to practice139 |
|---|
| 150 | | - | - 6 - 24 LC 36 5869S |
|---|
| 151 | | - | medicine in a jurisdiction outside of the United States, and has practiced medicine for at140 |
|---|
| 152 | | - | least three years;141 |
|---|
| 153 | | - | (2) Received a valid certificate issued by the Educational Commission for Foreign142 |
|---|
| 154 | | - | Medical Graduates or other credential evaluation service approved by the board;143 |
|---|
| 155 | | - | provided, however, that the board may waive such certification at its discretion when the144 |
|---|
| 156 | | - | applicant is unable to obtain the required documentation from a noncooperative country;145 |
|---|
| 157 | | - | (3) Achieved a passing score on both Step 1 and Step 2 Clinical Knowledge of the146 |
|---|
| 158 | | - | United States Medical Licensing Examination;147 |
|---|
| 159 | | - | (4) Entered into an agreement for a full-time employment relationship with a hospital148 |
|---|
| 160 | | - | licensed by the Department of Community Health, a board approved medical school, a149 |
|---|
| 161 | | - | teaching hospital within this state, a federally qualified health center, or a clinic within150 |
|---|
| 162 | | - | this state that services Medicaid, indigent, or underserved populations, provided that any151 |
|---|
| 163 | | - | such prospective employing entity shall carry medical malpractice insurance covering152 |
|---|
| 164 | | - | such licensee for the duration of employment; and153 |
|---|
| 165 | | - | (5) Satisfied any other criteria that the board may require for issuance of a limited154 |
|---|
| 166 | | - | provisional license pursuant to this subsection.155 |
|---|
| 167 | | - | (c) The limited provisional license provided for in subsection (b) of this Code section shall156 |
|---|
| 168 | | - | be valid for a period not to exceed two years and shall not be renewed.157 |
|---|
| 169 | | - | (d) A person who holds a current, valid limited provisional license as provided for in158 |
|---|
| 170 | | - | subsection (b) of this Code section for two years shall be eligible to apply for a restricted159 |
|---|
| 171 | | - | license to practice medicine in a designated health professional shortage area or medically160 |
|---|
| 172 | | - | underserved area or with a medically underserved population in this state as determined by161 |
|---|
| 173 | | - | the board. The board may issue such restricted license to an applicant, provided that the162 |
|---|
| 174 | | - | board receives acceptable evidence that the applicant has:163 |
|---|
| 175 | | - | (1) Maintained in good standing a provisional license pursuant to subsection (b) of this164 |
|---|
| 176 | | - | Code section;165 |
|---|
| 177 | | - | - 7 - 24 LC 36 5869S |
|---|
| 178 | | - | (2) Achieved a passing score on Step 3 of the United States Medical Licensing166 |
|---|
| 179 | | - | Examination; and167 |
|---|
| 180 | | - | (3) Entered into an agreement for a full-time employment relationship with a hospital168 |
|---|
| 181 | | - | licensed by the Department of Community Health, a board approved medical school, a169 |
|---|
| 182 | | - | teaching hospital within this state, a federally qualified health center, or a clinic within170 |
|---|
| 183 | | - | this state that services Medicaid, indigent, or underserved populations, provided that any171 |
|---|
| 184 | | - | such prospective employing entity shall carry medical malpractice insurance covering172 |
|---|
| 185 | | - | such licensee for the duration of employment.173 |
|---|
| 186 | | - | (e) The restricted license provided for in subsection (d) of this Code section shall be valid174 |
|---|
| 187 | | - | for two years and may be renewed.175 |
|---|
| 188 | | - | (f) A person who holds a current, valid restricted license issued pursuant to subsection (d)176 |
|---|
| 189 | | - | of this Code section for two years shall be eligible to apply for a full, unrestricted license177 |
|---|
| 190 | | - | to practice medicine in this state, and the board may establish standards for evaluating such178 |
|---|
| 191 | | - | applications.179 |
|---|
| 192 | | - | (g) A person licensed pursuant to this Code section shall be subject to the rules and180 |
|---|
| 193 | | - | regulations of the board. Any license provided for in this Code section may be granted or181 |
|---|
| 194 | | - | denied at the discretion of the board but shall be subject to revocation by the board after182 |
|---|
| 195 | | - | notice and opportunity for hearing.183 |
|---|
| 196 | | - | (h) The board shall not grant a license under this Code section unless the foreign medical184 |
|---|
| 197 | | - | graduate possesses federal immigration status that allows him or her to practice as a185 |
|---|
| 198 | | - | physician in the United States.186 |
|---|
| 199 | | - | (i) The board shall promulgate rules and regulations necessary to implement the provisions187 |
|---|
| 200 | | - | of this Code section."188 |
|---|
| 201 | | - | SECTION 4.189 |
|---|
| 202 | | - | All laws and parts of laws in conflict with this Act are repealed.190 |
|---|
| 203 | | - | - 8 - |
|---|
| 17 | + | To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and |
|---|
| 18 | + | 1 |
|---|
| 19 | + | businesses, so as to authorize the Georgia Composite Board of Professional Counselors,2 |
|---|
| 20 | + | Social Workers, and Marriage and Family Therapists to establish a professional health3 |
|---|
| 21 | + | program to provide for monitoring and rehabilitation of impaired healthcare professionals;4 |
|---|
| 22 | + | to authorize the Georgia Board of Nursing to establish a professional health program to5 |
|---|
| 23 | + | provide for monitoring and rehabilitation of impaired healthcare professionals; to provide for6 |
|---|
| 24 | + | funding or gifts in kind; to provide for related matters; to repeal conflicting laws; and for7 |
|---|
| 25 | + | other purposes.8 |
|---|
| 26 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
|---|
| 27 | + | SECTION 1.10 |
|---|
| 28 | + | Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,11 |
|---|
| 29 | + | is amended in Chapter 10A, relating to professional counselors, social workers, and marriage12 |
|---|
| 30 | + | and family therapists, by adding a new Code section to read as follows:13 |
|---|
| 31 | + | H. B. 1264 |
|---|
| 32 | + | - 1 - 24 LC 54 0353 |
|---|
| 33 | + | "43-10A-24.14 |
|---|
| 34 | + | (a) As used in this Code section, the term:15 |
|---|
| 35 | + | (1) 'Entity' means an organization or medical professional association which conducts16 |
|---|
| 36 | + | professional health programs.17 |
|---|
| 37 | + | (2) 'Healthcare professional' means any individual licensed, certified, or permitted by the18 |
|---|
| 38 | + | board under this chapter.19 |
|---|
| 39 | + | (3) 'Impaired' means the inability of a healthcare professional to practice with reasonable20 |
|---|
| 40 | + | skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,21 |
|---|
| 41 | + | chemicals, or any other type of material, or as a result of any mental or physical22 |
|---|
| 42 | + | condition.23 |
|---|
| 43 | + | (4) 'Professional health program' means a program established for the purposes of24 |
|---|
| 44 | + | monitoring and rehabilitation of impaired healthcare professionals.25 |
|---|
| 45 | + | (b) The board shall be authorized to conduct a professional health program to provide26 |
|---|
| 46 | + | monitoring and rehabilitation of impaired healthcare professionals in this state. To this27 |
|---|
| 47 | + | end, the board shall be authorized to enter into a contract with an entity for the purpose of28 |
|---|
| 48 | + | establishing and conducting such professional health program, including, but not limited29 |
|---|
| 49 | + | to:30 |
|---|
| 50 | + | (1) Monitoring and rehabilitation of impaired healthcare professionals for the purpose31 |
|---|
| 51 | + | of ensuring the fitness of each such healthcare professional to resume or continue the32 |
|---|
| 52 | + | practice of his or her healthcare profession while maintaining the safety of the public;33 |
|---|
| 53 | + | (2) Performing duties related to paragraph (10) of subsection (a) of Code34 |
|---|
| 54 | + | Section 43-10A-17; and35 |
|---|
| 55 | + | (3) Performing such other related activities as determined by the board.36 |
|---|
| 56 | + | (c) Notwithstanding subsection (k) of Code Section 43-1-2 and Code Section 43-10A-17,37 |
|---|
| 57 | + | the board shall be authorized to provide pertinent information regarding healthcare38 |
|---|
| 58 | + | professionals, as determined by the board and in its sole discretion, to an entity for its39 |
|---|
| 59 | + | purposes in conducting a professional health program pursuant to this Code section.40 |
|---|
| 60 | + | H. B. 1264 |
|---|
| 61 | + | - 2 - 24 LC 54 0353 |
|---|
| 62 | + | (d) All information, interviews, reports, statements, memoranda, or other documents41 |
|---|
| 63 | + | furnished to an entity by the board or other source or produced by an entity and any42 |
|---|
| 64 | + | findings, conclusions, recommendations, or reports resulting from the monitoring or43 |
|---|
| 65 | + | rehabilitation of healthcare professionals pursuant to this Code section are declared to be44 |
|---|
| 66 | + | privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,45 |
|---|
| 67 | + | relating to open records. All such records of an entity shall be confidential and shall be46 |
|---|
| 68 | + | used by such entity and its employees and agents only in the exercise of the proper function47 |
|---|
| 69 | + | of the entity pursuant to its contract with the board. Such information, interviews, reports,48 |
|---|
| 70 | + | statements, memoranda, or other documents furnished to or produced by an entity and any49 |
|---|
| 71 | + | findings, conclusions, recommendations, or reports resulting from the monitoring or50 |
|---|
| 72 | + | rehabilitation of healthcare professionals shall not be available for court subpoenas or for51 |
|---|
| 73 | + | discovery proceedings.52 |
|---|
| 74 | + | (e) An impaired healthcare professional who participates in a professional health program53 |
|---|
| 75 | + | conducted pursuant to this Code section shall bear all costs associated with such54 |
|---|
| 76 | + | participation.55 |
|---|
| 77 | + | (f) Any entity that contracts with the board pursuant to this Code section shall be immune56 |
|---|
| 78 | + | from any liability, civil or criminal, that might otherwise be incurred or imposed for the57 |
|---|
| 79 | + | performance of any functions or duties under the contract, if performed in accordance with58 |
|---|
| 80 | + | the terms of such contract and the provisions of this Code section.59 |
|---|
| 81 | + | (g) This Code section shall be subject to appropriation by the General Assembly. The60 |
|---|
| 82 | + | board may accept and solicit private funding, public grants, in-kind gifts, or any other61 |
|---|
| 83 | + | funding or donations that may be available to facilitate the purpose of conducting a62 |
|---|
| 84 | + | professional health program."63 |
|---|
| 85 | + | SECTION 2.64 |
|---|
| 86 | + | Said title is further amended in Chapter 26, relating to nurses, by adding a new article to read65 |
|---|
| 87 | + | as follows:66 |
|---|
| 88 | + | H. B. 1264 |
|---|
| 89 | + | - 3 - 24 LC 54 0353 |
|---|
| 90 | + | "ARTICLE 567 |
|---|
| 91 | + | 43-26-70.68 |
|---|
| 92 | + | As used in this article, the term:69 |
|---|
| 93 | + | (1) 'Board' means the Georgia Board of Nursing.70 |
|---|
| 94 | + | (2) 'Entity' means an organization or medical professional association which conducts71 |
|---|
| 95 | + | professional health programs.72 |
|---|
| 96 | + | (3) 'Healthcare professional' means any individual licensed, certified, or permitted by the73 |
|---|
| 97 | + | board under this chapter.74 |
|---|
| 98 | + | (4) 'Impaired' means the inability of a healthcare professional to practice with reasonable75 |
|---|
| 99 | + | skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,76 |
|---|
| 100 | + | chemicals, or any other type of material, or as a result of any mental or physical77 |
|---|
| 101 | + | condition.78 |
|---|
| 102 | + | (5) 'Professional health program' means a program established for the purposes of79 |
|---|
| 103 | + | monitoring and rehabilitation of impaired healthcare professionals.80 |
|---|
| 104 | + | 43-26-71.81 |
|---|
| 105 | + | (a) The board shall be authorized to conduct a professional health program to provide82 |
|---|
| 106 | + | monitoring and rehabilitation of impaired healthcare professionals in this state. To this83 |
|---|
| 107 | + | end, the board shall be authorized to enter into a contract with an entity for the purpose of84 |
|---|
| 108 | + | establishing and conducting such professional health program, including, but not limited85 |
|---|
| 109 | + | to:86 |
|---|
| 110 | + | (1) Monitoring and rehabilitation of impaired healthcare professionals for the purpose87 |
|---|
| 111 | + | of ensuring the fitness of each such healthcare professional to resume or continue the88 |
|---|
| 112 | + | practice of his or her healthcare profession while maintaining the safety of the public;89 |
|---|
| 113 | + | (2) Performing duties related to paragraph (2) of Code Section 43-26-11; and90 |
|---|
| 114 | + | (3) Performing such other related activities as determined by the board.91 |
|---|
| 115 | + | H. B. 1264 |
|---|
| 116 | + | - 4 - 24 LC 54 0353 |
|---|
| 117 | + | (b) Notwithstanding subsection (k) of Code Section 43-1-2 and Code Section 43-26-11,92 |
|---|
| 118 | + | the board shall be authorized to provide pertinent information regarding healthcare93 |
|---|
| 119 | + | professionals, as determined by the board and in its sole discretion, to an entity for its94 |
|---|
| 120 | + | purposes in conducting a professional health program pursuant to this Code section.95 |
|---|
| 121 | + | (c) All information, interviews, reports, statements, memoranda, or other documents96 |
|---|
| 122 | + | furnished to an entity by the board or other source or produced by an entity and any97 |
|---|
| 123 | + | findings, conclusions, recommendations, or reports resulting from the monitoring or98 |
|---|
| 124 | + | rehabilitation of healthcare professionals pursuant to this Code section are declared to be99 |
|---|
| 125 | + | privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,100 |
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| 126 | + | relating to open records. All such records of an entity shall be confidential and shall be101 |
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| 127 | + | used by such entity and its employees and agents only in the exercise of the proper function102 |
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| 128 | + | of the entity pursuant to its contract with the board. Such information, interviews, reports,103 |
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| 129 | + | statements, memoranda, or other documents furnished to or produced by an entity and any104 |
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| 130 | + | findings, conclusions, recommendations, or reports resulting from the monitoring or105 |
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| 131 | + | rehabilitation of healthcare professionals shall not be available for court subpoenas or for106 |
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| 132 | + | discovery proceedings.107 |
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| 133 | + | 43-26-72.108 |
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| 134 | + | An impaired healthcare professional who participates in a professional health program109 |
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| 135 | + | conducted pursuant to Code Section 43-26-71 shall bear all costs associated with such110 |
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| 136 | + | participation.111 |
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| 137 | + | 43-26-73.112 |
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| 138 | + | Any entity that contracts with the board pursuant to Code Section 43-26-71 shall be113 |
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| 139 | + | immune from any liability, civil or criminal, that might otherwise be incurred or imposed114 |
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| 140 | + | for the performance of any functions or duties under the contract if performed in115 |
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| 141 | + | accordance with the terms of such contract and the provisions of this article.116 |
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| 142 | + | H. B. 1264 |
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| 143 | + | - 5 - 24 LC 54 0353 |
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| 144 | + | 43-26-74.117 |
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| 145 | + | This article shall be subject to appropriation by the General Assembly. The board may118 |
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| 146 | + | accept and solicit private funding, public grants, in-kind gifts, or any other funding or119 |
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| 147 | + | donations that may be available to facilitate the purpose of conducting a professional health120 |
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| 148 | + | program."121 |
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| 149 | + | SECTION 3.122 |
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| 150 | + | All laws and parts of laws in conflict with this Act are repealed.123 |
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| 151 | + | H. B. 1264 |
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| 152 | + | - 6 - |
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