Chapter 360-11 GEORGIA PROFESSIONAL HEALTH PROGRAM
| (1) |
"Board" means the Georgia
Composite Medical Board. |
| (2) |
"Entity" means an organization
or medical professional association, which conducts professional
health programs. |
| (3) |
"Health care professional" means an applicant, an individual
licensed, certified, or permitted by the Board. |
| (4) |
"Impaired" means the inability
of a health care professional to practice with reasonable skill and
safety to patients by reason of illness or use of alcohol, drugs,
narcotics, chemicals, or any other type of material, or as a result
of any mental or physical condition. |
| (5) |
"Wellness Committee" means a
committee of the Board. |
| (6) |
"Medical Director" means the
Georgia licensed physician employed by the PHP to coordinate the
activities of the professional heath program. |
| (7) |
"Professional health program"
or "PHP" means a program established for the purposes of coordinating
the evaluations and/or assessment of health care professionals to
determine whether the health care professionals can practice with
reasonable care and safety, and/or monitoring and rehabilitation of
impaired health care professionals. |
| (8) |
"Rehabilitation" means
restoration to good health or restoration of the ability to practice
with reasonable skill and safety through therapy. |
The board shall be authorized to conduct a
professional health program and to enter into a contract with an
entity for the purpose of establishing and conducting such
professional health program.
| (1) |
The PHP must employ a Georgia
licensed physician to act as the Medical Director to coordinate the
activities of the PHP. |
| (2) |
The PHP must have a policy
approved by the Board to provide services for the mental/physical
evaluation of health care professionals who have been referred to the
PHP or have contacted the PHP directly. |
| (3) |
In the provision of services to
evaluate health care professionals or to monitor or rehabilitate
impaired health care professionals, the PHP shall have a policy
approved by the Board to identify approved treatment
programs. |
| (4) |
The PHP
shall maintain records for a period of ten years and shall keep such
records confidential. |
| (5) |
The PHP shall inform each participant of the program's procedures,
responsibilities of program participants, and the possible
consequences of noncompliance with the program. |
| (6) |
The PHP shall submit a written
report to the Board through the Board's Wellness Committee within 72
hours of each instance where the health care professional has:
| (a) |
Failed to comply with the terms
of participation; |
| (b) |
Refused to cease practice when he/she has been found to be unable to
practice with reasonable skill and safety; |
| (c) |
Withdrawn from participation in
the program against medical advice; |
| (d) |
Engaged in conduct or behavior
which indicates that health care professional is believed to
constitute an imminent danger to the public or to himself or herself;
or |
| (e) |
Failed to abide by
the terms and conditions of a monitoring agreement. |
|
| (7) |
Any report required
under paragraph (6) above shall include evaluations, treatment
records, medical records, documents or information relevant to the
health care professional. All such information, evaluations,
documents, reports, treatment records or medical records received by
the Board shall be privileged and confidential and shall not be
public records nor available for court subpoena or for discovery
proceedings but may be used by the Board in the course of its
investigations and may be introduced as evidence in administrative
hearings conducted by the Board. |
| (1) |
A
health care professional who participates in the PHP shall bear all
costs associated with such participation and shall be fully
accountable to the Board for his/her professional practice during the
period of PHP treatment. |
| (2) |
A health care professional who
is referred to or who participates in the PHP is free not to comply
with the recommendations of the PHP however, if he/she does not
comply, all information concerning his/her conduct, evaluation,
treatment, and/or monitoring will be forwarded to the
Board. |
| (3) |
A health care
professional who participates in the PHP program agrees to provide
access to the PHP of any and all records relating to the mental or
physical condition of the health care professional, including
psychiatric records. |
| (1) |
Notwithstanding the provisions
of Code Sections
43-34-7
and
43-34-8,
the Board shall be authorized to provide pertinent information
regarding health care professionals, as determined by the Board and
in its sole discretion, to an entity for its purposes in conducting a
PHP. |
| (2) |
All information,
interviews, reports, statements, memoranda, or other documents
furnished by the Board or other source to the an entity under
contract with the Board for a PHP or produced by the entity, and any
findings, conclusions, recommendations, or reports resulting from the
monitoring or rehabilitation of health care professionals pursuant to
a contract with the Board are declared to be privileged and
confidential and shall not be subject to Article 4 of Chapter 18 of
Title 50, relating to open records. |
| (3) |
All records of the PHP shall be
confidential and shall be used by the PHP and its employees and
agents only in the exercise of the proper function of the PHP
pursuant to its contract with the Board. Such information,
interviews, reports, statements, memoranda, or other documents
furnished to or produced by the PHP and any findings, conclusions,
recommendations, or reports resulting from the monitoring or
rehabilitation of health care professionals shall not be available
for court subpoenas or for discovery proceedings. |
| (4) |
Notwithstanding the above, the
Board is authorized to use any such information in a manner and
hearing consistent with the provisions of O.C.G.A. Section
43-34-8,
and the Board rules. |
| (1) |
Any entity that contracts with
the Board for a PHP shall be immune from any liability, civil or
criminal, that might otherwise be incurred or imposed, for the
performance of any functions or duties under the contract if
performed in accordance with the terms of such contract and the
provisions of law. |
| (2) |
Notwithstanding any other provisions of the law, the members of the
Wellness Committee and Board shall not be liable in damages to any
person for any acts, omissions or recommendations made by them in
good faith while acting within the scope of their responsibilities
pursuant to the law and rules. |
| (3) |
No person who in good faith and
without malice makes a report to the Board shall be liable for
damages to any person. |
The Board's standard protocol template is available
at www.medicalboard.georgia.gov.
