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 health 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.
