Sec. 19a-12b. Professional Assistance Oversight Committee. Duties. Access to professional assistance program records. Corrective action plans. Confidentiality of records and proceedings.
Sec. 19a-12b. Professional Assistance Oversight Committee. Duties. Access to
professional assistance program records. Corrective action plans. Confidentiality
of records and proceedings. (a) The Department of Public Health shall establish a
Professional Assistance Oversight Committee for the assistance program. Such committee's duties shall include, but not be limited to, overseeing quality assurance. The oversight committee shall consist of the following members: (1) Three members selected
by the department, who are health care professionals with training and experience in
mental health or addiction services, (2) three members selected by the assistance program, who are not employees, board or committee members of the assistance program
and who are health care professionals with training and experience in mental health or
addiction services, and (3) one member selected by the Department of Mental Health
and Addiction Services who is a health care professional.
(b) The assistance program shall provide administrative support to the oversight
committee.
(c) Beginning January 1, 2008, the oversight committee shall meet with the assistance program on a regular basis, but not fewer than four times each year.
(d) The oversight committee may request and shall be entitled to receive copies of
files or such other assistance program records it deems necessary, provided all information pertaining to the identity of any health care professional shall first be redacted by
the assistance program. No member of the oversight committee may copy, retain or
maintain any such redacted records. If the oversight committee 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 has not refrained from practicing health care or has failed to comply with
terms or conditions of participation in the assistance program, the oversight committee
shall notify the assistance program to refer the health care professional to the department.
Upon such notification, the assistance program shall refer the health care professional
to the department, in accordance with the provisions of subsection (i) of section 19a-12a.
(e) (1) If, at any time, the oversight committee determines that the assistance program (A) has not acted in accordance with the provisions of this section or section 19a-12a, or (B) requires remedial action based upon the audit performed under subsection
(l) of section 19a-12a, the oversight committee shall notify the assistance program of
such determination, in writing, not later than thirty days after such determination.
(2) The assistance program shall develop and submit to the oversight committee a
corrective action plan addressing such determination not later than thirty days after the
date of such notification. The assistance program may seek the advice and assistance
of the oversight committee in developing the corrective action plan. Upon approval of
the corrective action plan by the oversight committee, the oversight committee shall
provide a copy of the approved plan to the assistance program and the department.
(3) If the assistance program fails to comply with the corrective action plan, the
oversight committee may amend the plan or direct the assistance program to refer some
or all of the records of the health care professionals in the assistance program to the
department. Upon such referral, the department shall determine if each referred health
care professional is eligible for continued intervention, rehabilitation, referral assistance
or support services and whether participation in such intervention, rehabilitation, referral
assistance or support services should be treated as confidential in accordance with subsection (h) of section 19a-12a. If the department determines that a health care professional is an appropriate candidate for confidential participation in continued intervention, referral assistance, rehabilitation or support services, 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 and the health care professional.
(4) Upon written notice to the department by the oversight committee that the assistance program is in compliance with a corrective action plan developed pursuant to
subdivision (2) of this subsection, the department may refer health care professionals
to the assistance program for continued intervention, rehabilitation, referral assistance
or support services and shall submit to the assistance program all records and files
concerning such health care professionals.
(f) Records created for, by or on behalf of the oversight committee shall not be
deemed public records and shall not be subject to the provisions of section 1-210. Such
records shall be treated as confidential in accordance with the provisions of subsection
(h) of section 19a-12a.
(g) The proceedings of the oversight 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 (1) in any civil action, the use of any writing
recorded independently of such proceedings; (2) 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; (3)
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 (4) 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 (A) notification to the health care professional of the
request for such disclosure, and (B) 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.
(P.A. 07-103, S. 2.)
History: P.A. 07-103 effective June 11, 2007.