54.1-2516 - Program established; practitioner participation; disciplinary action stayed under certain conditions.
§ 54.1-2516. Program established; practitioner participation; disciplinaryaction stayed under certain conditions.
A. The Director of the Department of Health Professions shall maintain ahealth practitioners' monitoring program that provides an alternative todisciplinary action for impaired health practitioners. The Director shallpromulgate such regulations as are necessary for the implementation of thisprogram after consulting with the various health regulatory boards.
The Director may, in consultation and coordination with the HealthPractitioners' Monitoring Program Committee, enter into contracts as may benecessary for the implementation of monitoring services. Such services mayinclude education, assessment, referral for intervention and treatment, andmonitoring of impaired practitioners. If the Director enters into anagreement with another agency of the Commonwealth pursuant to this section,that agency shall be immune from liability resulting from the good faithexercise of its obligations under the agreement.
When evaluating such contracts, the Director shall consider the utilizationof programs, as appropriate, that have been established by professionalorganizations for peer assistance of impaired practitioners.
The Program's operating costs, including any contractual obligations forservices, shall be funded by special dedicated revenues consistent with theprovisions of §§ 54.1-113, 54.1-2400, and 54.1-2505. However, this sectionshall not prohibit the Committee from charging participants a reasonableportion of a fee related to the costs of participation in the Program. Noparticipant shall be denied entry into the Program due to the inability topay a portion of the costs related to participation.
Any monitoring program for individuals licensed or certified by the Board ofMedicine, and any contract for the implementation of monitoring services withrespect to any such individuals, shall be subject to the prior approval ofthat Board.
B. Any health practitioner who has an impairment as defined in this chapter,may, on a voluntary basis, participate in the Program regardless of whetherthe impairment constitutes grounds for disciplinary action.
C. Disciplinary action shall be stayed upon entry of the practitioner in theProgram under the following conditions:
1. No report of a possible violation of law or regulation has been madeagainst the practitioner other than impairment or the diversion of controlledsubstances for personal use and such use does not constitute a danger topatients or clients.
2. The practitioner has entered the Program by written contract with theCommittee.
3. Disciplinary action against the practitioner has not previously beenstayed in accordance with this section.
4. The practitioner remains in compliance with the terms of his contract withthe Committee.
5. The Committee has consulted with the designated representative of therelevant health regulatory board.
(1997, c. 439; 2009, c. 472.)