Sec. 19a-12a. Professional assistance program for regulated professions. Definitions. Program requirements. Referrals to Department of Public Health. Notification of disciplinary action against progra
Sec. 19a-12a. Professional assistance program for regulated professions. Definitions. Program requirements. Referrals to Department of Public Health. Notification of disciplinary action against program participants. Annual reporting requirements. Confidentiality. Annual audit. (a) As used in this section and section
19a-12b:
(1) "Chemical dependency" means abusive or excessive use of drugs, including
alcohol, narcotics or chemicals, that results in physical or psychological dependence;
(2) "Department" means the Department of Public Health;
(3) "Health care professionals" includes any person licensed or who holds a permit
pursuant to chapter 370, 372, 373, 375, 375a, 376, 376a, 376b, 376c, 377, 378, 379,
379a, 380, 381, 381a, 383, 383a, 383b, 383c, 384, 384a, 384b, 384c, 384d, 385, 398
or 399;
(4) "Medical review committee" means any committee that reviews and monitors
participation by health care professionals in the assistance program, including a medical
review committee described in section 19a-17b; and
(5) "Assistance program" means the program established pursuant to subsection
(b) of this section to provide education, prevention, intervention, referral assistance,
rehabilitation or support services to health care professionals who have a chemical dependency, emotional or behavioral disorder or physical or mental illness.
(b) State or local professional societies or membership organizations of health care
professionals or any combination thereof, may establish a single assistance program
to serve all health care professionals, provided the assistance program (1) operates in
compliance with the provisions of this section, and (2) includes one or more medical
review committees that comply with the applicable provisions of subsections (c) to
(f), inclusive, of this section. The program shall (A) be an alternative, voluntary and
confidential opportunity for the rehabilitation of health care professionals and persons
who have applied to become health care professionals, and (B) include mandatory,
periodic evaluations of each participant's ability to practice with skill and safety and
without posing a threat to the health and safety of any person or patient in the health
care setting.
(c) Prior to admitting a health care professional into the assistance program, a medical review committee shall (1) determine if the health care professional is an appropriate
candidate for rehabilitation and participation in the program, and (2) establish the participant's terms and conditions for participating in the program. No action taken by the
medical review committee pursuant to this subsection shall be construed as the practice
of medicine or mental health care.
(d) A medical review committee shall not admit into the assistance program any
health care professional who has pending disciplinary charges, prior history of disciplinary action or a consent order by any professional licensing or disciplinary body or has
been charged with or convicted of a felony under the laws of this state, or of an offense
that, if committed within this state, would constitute a felony. A medical review committee shall refer such health care professional to the department and shall submit to the
department all records and files maintained by the assistance program concerning such
health care professional. Upon such referral, the department shall determine if the health
care professional is eligible to participate in the assistance program and whether such
participation should be treated as confidential pursuant to subsection (h) of this section.
The department may seek the advice of professional health care societies or organizations and the assistance program in determining what intervention, referral assistance,
rehabilitation or support services are appropriate for such health care professional. If
the department determines that the health care professional is an appropriate candidate
for confidential participation in the assistance program, the entire record of the referral
and investigation of the health care professional shall be confidential and shall not be
disclosed, except at the request of the health care professional, for the duration of the
health care professional's participation in and upon successful completion of the program, provided such participation is in accordance with terms agreed upon by the department, the health care professional and the assistance program.
(e) Any health care professional participating in the assistance program shall immediately notify the assistance program upon (1) being made aware of the filing of any
disciplinary charges or the taking of any disciplinary action against such health care
professional by a professional licensing or disciplinary body, or (2) being charged with
or convicted of a felony under the laws of this state, or of an offense that, if committed
within this state, would constitute a felony. The assistance program shall regularly review available sources to determine if disciplinary charges have been filed, or disciplinary action has been taken, or felony charges have been filed or substantiated against
any health care professional who has been admitted to the assistance program. Upon
such notification, the assistance program shall refer such health care professional to the
department and shall submit to the department all records and files maintained by the
assistance program concerning such health care professional. Upon such referral, the
department shall determine if the health care professional is eligible to continue participating in the assistance program and whether such participation should be treated as
confidential in accordance with subsection (h) of this section. The department may
seek the advice of professional health care societies or organizations and the assistance
program in determining what intervention, referral assistance, rehabilitation or support
services are appropriate for such health care professional. If the department determines
that the health care professional is an appropriate candidate for confidential participation
in the assistance program, the entire record of the referral and investigation of the health
care professional shall be confidential and shall not be disclosed, except at the request
of the health care professional, for the duration of the health care professional's participation in and upon successful completion of the program, provided such participation is
in accordance with terms agreed upon by the department, the health care professional
and the assistance program.
(f) A medical review committee shall not admit into the assistance program any
health care professional who is alleged to have harmed a patient. Upon being made
aware of such allegation of harm a medical review committee and the assistance program
shall refer such health care professional to the department and shall submit to the department all records and files maintained by the assistance program concerning such health
care professional. Such referral may include recommendations as to what intervention,
referral assistance, rehabilitation or support services are appropriate for such health
care professional. Upon such referral, the department shall determine if the health care
professional is eligible to participate in the assistance program and whether such participation should be provided in a confidential manner in accordance with the provisions
of subsection (h) of this section. The department may seek the advice of professional
health care societies or organizations and the assistance program in determining what
intervention, referral assistance, rehabilitation or support services are appropriate for
such health care professional. If the department determines that the health care professional is an appropriate candidate for confidential participation in the assistance program, the entire record of the referral and investigation of the health care professional
shall be confidential and shall not be disclosed, except at the request of the health care
professional, for the duration of the health care professional's participation in and upon
successful completion of the program, provided such participation is in accordance with
terms agreed upon by the department, the health care professional and the assistance
program.
(g) The assistance program shall report annually to the appropriate professional
licensing board or commission or, in the absence of such board or commission, to the
Department of Public Health on the number of health care professionals participating
in the assistance program who are under the jurisdiction of such board or commission
or in the absence of such board or commission, the department, the purposes for participating in the assistance program and whether participants are practicing health care with
skill and safety and without posing a threat to the health and safety of any person or
patient in the health care setting. Annually, on or before December thirty-first, the assistance program shall report such information to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance
with the provisions of section 11-4a.
(h) (1) All information given or received in connection with any intervention, rehabilitation, referral assistance or support services provided by the assistance program
pursuant to this section, including the identity of any health care professional seeking
or receiving such intervention, rehabilitation, referral assistance or support services
shall be confidential and shall not be disclosed (A) to any third person or entity, unless
disclosure is reasonably necessary for the accomplishment of the purposes of such intervention, rehabilitation, referral assistance or support services or for the accomplishment
of an audit in accordance with subsection (l) of this section, or (B) in any civil or criminal
case or proceeding or in any legal or administrative proceeding, unless the health care
professional seeking or obtaining intervention, rehabilitation, referral assistance or support services waives the confidentiality privilege under this subsection or unless disclosure is otherwise required by law. Unless a health care professional waives the confidentiality privilege under this subsection or disclosure is otherwise required by law, no
person in any civil or criminal case or proceeding or in any legal or administrative
proceeding may request or require any information given or received in connection with
the intervention, rehabilitation, referral assistance or support services provided pursuant
to this section.
(2) The proceedings of a medical review committee shall not be subject to discovery
or introduced into evidence in any civil action for or against a health care professional
arising out of matters that are subject to evaluation and review by such committee, and
no person who was in attendance at such proceedings shall be permitted or required to
testify in any such civil action as to the content of such proceedings. Nothing in this
subdivision shall be construed to preclude (A) in any civil action, the use of any writing
recorded independently of such proceedings; (B) in any civil action, the testimony of
any person concerning such person's knowledge, acquired independently of such proceedings, about the facts that form the basis for the instituting of such civil action; (C)
in any civil action arising out of allegations of patient harm caused by health care services
rendered by a health care professional who, at the time such services were rendered,
had been requested to refrain from practicing or whose practice of medicine or health
care was restricted, the disclosure of such request to refrain from practicing or such
restriction; or (D) in any civil action against a health care professional, disclosure of
the fact that a health care professional participated in the assistance program, the dates
of participation, the reason for participation and confirmation of successful completion
of the program, provided a court of competent jurisdiction has determined that good
cause exists for such disclosure after (i) notification to the health care professional of
the request for such disclosure, and (ii) a hearing concerning such disclosure at the
request of any party, and provided further, the court imposes appropriate safeguards
against unauthorized disclosure or publication of such information.
(3) Nothing in this subsection shall be construed to prevent the assistance program
from disclosing information in connection with administrative proceedings related to
the imposition of disciplinary action against any health care professional referred to the
department by the assistance program pursuant to subsection (d), (e), (f) or (i) of this
section or by the Professional Assistance Oversight Committee pursuant to subsection
(e) of section 19a-12b.
(i) If at any time, (1) the assistance program determines that a health care professional is not able to practice with skill and safety or poses a threat to the health and
safety of any person or patient in the health care setting and the health care professional
does not refrain from practicing health care or fails to participate in a recommended
program of rehabilitation, or (2) a health care professional who has been referred to the
assistance program fails to comply with terms or conditions of the program or refuses
to participate in the program, the assistance program shall refer the health care professional to the department and shall submit to the department all records and files maintained by the assistance program concerning such health care professional. Upon such
referral, the department shall determine if the health care professional is eligible to
participate in the assistance program and whether such participation should be provided
in a confidential manner in accordance with the provisions of subsection (h) of this
section. The department may seek the advice of professional health care societies or
organizations and the assistance program in determining what intervention, rehabilitation, referral assistance or support services are appropriate for such health care professional. If the department determines that the health care professional is an appropriate
candidate for confidential participation in the assistance program, the entire record of
the referral and investigation of the health care professional shall be confidential and
shall not be disclosed, except at the request of the health care professional, for the
duration of the health care professional's participation in and upon successful completion of the program, provided such participation is in accordance with terms agreed
upon by the department, the health care professional and the assistance program.
(j) (1) Any physician, hospital or state or local professional society or organization
of health care professionals that refers a physician for intervention to the assistance
program shall be deemed to have satisfied the obligations imposed on the person or
organization pursuant to subsection (a) of section 20-13d, with respect to a physician's
inability to practice medicine with reasonable skill or safety due to chemical dependency,
emotional or behavioral disorder or physical or mental illness.
(2) Any physician, physician assistant, hospital or state or local professional society
or organization of health care professionals that refers a physician assistant for intervention to the assistance program shall be deemed to have satisfied the obligations imposed
on the person or organization pursuant to subsection (a) of section 20-12e, with respect
to a physician assistant's inability to practice with reasonable skill or safety due to
chemical dependency, emotional or behavioral disorder or physical or mental illness.
(k) The assistance program established pursuant to subsection (b) of this section
shall meet with the Professional Assistance Oversight Committee established under
section 19a-12b on a regular basis, but not less than four times each year.
(l) On or before November 1, 2007, and annually thereafter, the assistance program
shall select a person determined to be qualified by the assistance program and the department to conduct an audit on the premises of the assistance program for the purpose of
examining quality control of the program and compliance with all requirements of this
section. On or after November 1, 2011, the department, with the agreement of the Professional Assistance Oversight Committee established under section 19a-12b, may waive
the audit requirement, in writing. Any audit conducted pursuant to this subsection shall
consist of a random sampling of at least twenty per cent of the assistance program's
files or ten files, whichever is greater. Prior to conducting the audit, the auditor shall
agree in writing (1) not to copy any program files or records, (2) not to remove any
program files or records from the premises, (3) to destroy all personally identifying
information about health care professionals participating in the assistance program upon
the completion of the audit, (4) not to disclose personally identifying information about
health care professionals participating in the program to any person or entity other than
a person employed by the assistance program who is authorized by such program to
receive such disclosure, and (5) not to disclose in any audit report any personally identifying information about health care professionals participating in the assistance program. Upon completion of the audit, the auditor shall submit a written audit report to the
assistance program, the department, the Professional Assistance Oversight Committee
established under section 19a-12b and the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with the
provisions of section 11-4a.
(P.A. 07-103, S. 1; P.A. 08-184, S. 23.)
History: P.A. 07-103 effective June 11, 2007; P.A. 08-184 made a technical change in Subsec. (e).