25 LC 55 0406
Senate Bill 113
By: Senators Dixon of the 45th, Watson of the 1st, Brass of the 6th, Williams of the 25th,
Anavitarte of the 31st and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and
1
businesses, so as to authorize the Georgia Composite Board of Professional Counselors,2
Social Workers, and Marriage and Family Therapists to establish a professional health3
program to provide for monitoring and rehabilitation of impaired healthcare professionals;4
to authorize the Georgia Board of Nursing to establish a professional health program to5
provide for monitoring and rehabilitation of impaired healthcare professionals; to provide for6
definitions; to provide for funding or gifts in kind; to provide for related matters; to repeal7
conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,11
is amended in Chapter 10A, relating to professional counselors, social workers, and marriage12
and family therapists, by adding a new Code section to read as follows:13
"43-10A-24.
14
(a) As used in this Code section, the term:15
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(1) 'Entity' means an organization or medical professional association which conducts16
professional health programs.17
(2) 'Healthcare professional' means any individual licensed, certified, or permitted by the18
board under this chapter.19
(3) 'Impaired' means the inability of a healthcare professional to practice with reasonable20
skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,21
chemicals, or any other type of material, or as a result of any mental or physical22
condition.23
(4) 'Professional health program' means a program established for the purposes of24
monitoring and rehabilitation of impaired healthcare professionals.25
(b) The board shall be authorized to conduct a professional health program to provide26
monitoring and rehabilitation of impaired healthcare professionals in this state. To this27
end, the board shall be authorized to enter into a contract with an entity for the purpose of28
establishing and conducting such professional health program, including, but not limited29
to:30
(1) Monitoring and rehabilitation of impaired healthcare professionals for the purpose31
of ensuring the fitness of each such healthcare professional to resume or continue the32
practice of his or her healthcare profession while maintaining the safety of the public;33
(2) Performing duties related to paragraph (10) of subsection (a) of Code34
Section 43-10A-17; and35
(3) Performing such other related activities as determined by the board.36
(c) Notwithstanding subsection (k) of Code Section 43-1-2 and Code Section 43-10A-17,37
the board shall be authorized to provide pertinent information regarding healthcare38
professionals, as determined by the board and in its sole discretion, to an entity for its39
purposes in conducting a professional health program pursuant to this Code section.40
(d) All information, interviews, reports, statements, memoranda, or other documents41
furnished to an entity by the board or other source or produced by an entity and any42
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findings, conclusions, recommendations, or reports resulting from the monitoring or43
rehabilitation of healthcare professionals pursuant to this Code section are declared to be44
privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,45
relating to open records. All such records of an entity shall be confidential and shall be46
used by such entity and its employees and agents only in the exercise of the proper function47
of the entity pursuant to its contract with the board. Such information, interviews, reports,48
statements, memoranda, or other documents furnished to or produced by an entity and any49
findings, conclusions, recommendations, or reports resulting from the monitoring or50
rehabilitation of healthcare professionals shall not be available for court subpoenas or for51
discovery proceedings.52
(e) An impaired healthcare professional who participates in a professional health program53
conducted pursuant to this Code section shall bear all costs associated with such54
participation.55
(f) Any entity that contracts with the board pursuant to this Code section shall be immune56
from any liability, civil or criminal, that might otherwise be incurred or imposed for the57
performance of any functions or duties under the contract, if performed in accordance with58
the terms of such contract and the provisions of this Code section.59
(g) This Code section shall be subject to appropriation by the General Assembly. The60
board may accept and solicit private funding, public grants, in-kind gifts, or any other61
funding or donations that may be available to facilitate the purpose of conducting a62
professional health program."63
SECTION 2.64
Said title is further amended in Chapter 26, relating to nurses, by adding a new article to read65
as follows:66
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"ARTICLE 567
43-26-70.68
As used in this article, the term:69
(1) 'Board' means the Georgia Board of Nursing.70
(2) 'Entity' means an organization or medical professional association which conducts71
professional health programs.72
(3) 'Healthcare professional' means any individual licensed, certified, or permitted by the73
board under this chapter.74
(4) 'Impaired' means the inability of a healthcare professional to practice with reasonable75
skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,76
chemicals, or any other type of material, or as a result of any mental or physical77
condition.78
(5) 'Professional health program' means a program established for the purposes of79
monitoring and rehabilitation of impaired healthcare professionals.80
43-26-71.81
(a) The board shall be authorized to conduct a professional health program to provide82
monitoring and rehabilitation of impaired healthcare professionals in this state. To this83
end, the board shall be authorized to enter into a contract with an entity for the purpose of84
establishing and conducting such professional health program, including, but not limited85
to:86
(1) Monitoring and rehabilitation of impaired healthcare professionals for the purpose87
of ensuring the fitness of each such healthcare professional to resume or continue the88
practice of his or her healthcare profession while maintaining the safety of the public;89
(2) Performing duties related to paragraph (2) of Code Section 43-26-11; and90
(3) Performing such other related activities as determined by the board.91
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(b) Notwithstanding subsection (k) of Code Section 43-1-2 and Code Section 43-26-11,92
the board shall be authorized to provide pertinent information regarding healthcare93
professionals, as determined by the board and in its sole discretion, to an entity for its94
purposes in conducting a professional health program pursuant to this Code section.95
(c) All information, interviews, reports, statements, memoranda, or other documents96
furnished to an entity by the board or other source or produced by an entity and any97
findings, conclusions, recommendations, or reports resulting from the monitoring or98
rehabilitation of healthcare professionals pursuant to this Code section are declared to be99
privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,100
relating to open records. All such records of an entity shall be confidential and shall be101
used by such entity and its employees and agents only in the exercise of the proper function102
of the entity pursuant to its contract with the board. Such information, interviews, reports,103
statements, memoranda, or other documents furnished to or produced by an entity and any104
findings, conclusions, recommendations, or reports resulting from the monitoring or105
rehabilitation of healthcare professionals shall not be available for court subpoenas or for106
discovery proceedings.107
43-26-72.108
An impaired healthcare professional who participates in a professional health program109
conducted pursuant to Code Section 43-26-71 shall bear all costs associated with such110
participation.111
43-26-73.112
Any entity that contracts with the board pursuant to Code Section 43-26-71 shall be113
immune from any liability, civil or criminal, that might otherwise be incurred or imposed114
for the performance of any functions or duties under the contract if performed in115
accordance with the terms of such contract and the provisions of this article.116
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43-26-74.117
This article shall be subject to appropriation by the General Assembly. The board may118
accept and solicit private funding, public grants, in-kind gifts, or any other funding or119
donations that may be available to facilitate the purpose of conducting a professional health120
program."121
SECTION 3.122
All laws and parts of laws in conflict with this Act are repealed.123
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