32-1452. Substance abuse treatment and rehabilitation program; private contract; funding; liability

A. The board may establish a confidential program for the treatment and rehabilitation of doctors of medicine and physician assistants who are impaired by alcohol or drug abuse. This program shall include education, intervention, therapeutic treatment and posttreatment monitoring and support.

B. The board may contract with other organizations to operate the program established pursuant to subsection A of this section. A contract with a private organization shall include the following requirements:

1. Periodic reports to the board regarding treatment program activity.

2. Release to the board on demand of all treatment records.

3. Quarterly reports to the board regarding each doctor's diagnosis and prognosis and the recommendations for continuing care, treatment and supervision.

4. Immediate reporting to the board of the name of an impaired doctor who the treating organization believes to be misusing chemical substances.

5. Reports to the board, as soon as possible, of the name of a doctor who refuses to submit to treatment or whose impairment is not substantially alleviated through treatment.

C. The board may allocate an amount of not to exceed forty dollars from each fee it collects from the biennial renewal of active licenses pursuant to section 32-1436 for the operation of the program established by this section.

D. A doctor of medicine who is impaired by alcohol or drug abuse shall agree to enter into a stipulation order with the board or the doctor shall be placed on probation or shall be subject to other action as provided by law.

E. In order to determine that a doctor of medicine who has been placed on probationary order or who has entered into a stipulation order pursuant to this section is not impaired by drugs or alcohol after that order is no longer in effect, the board or its designee may require the doctor of medicine to submit to body fluid examinations and other examinations known to detect the presence of alcohol or other drugs at any time within five consecutive years following termination of the probationary or stipulated order.

F. A doctor of medicine who is impaired by alcohol or drug abuse and who was under a board stipulation or probationary order that is no longer in effect shall request the board to place the doctor's license on inactive status with cause. If the doctor fails to do this the board shall summarily suspend the license pursuant to section 32-1451, subsection D. In order to reactivate the license the doctor shall successfully complete a long-term care residential or inpatient hospital treatment program, or both, and shall meet the applicable requirements of section 32-1431, subsection D. After the doctor completes treatment the board shall determine if it should refer the matter for a formal hearing for the purpose of suspending or revoking the license or to place the doctor on probation for a minimum of five years with restrictions necessary to assure the public's safety.

G. The board shall revoke the license of a doctor of medicine if that doctor is impaired by alcohol or drug abuse and was previously placed on probation pursuant to subsection F of this section and the probation is no longer in effect. The board may accept the surrender of the license if the doctor admits in writing to being impaired by alcohol or drug abuse.

H. An evaluator, teacher, supervisor or volunteer in the board's substance abuse treatment and rehabilitation program who acts in good faith within the scope of that program is not subject to civil liability, including malpractice liability, for the actions of a doctor who is attending the program pursuant to board action.

32-1452. Substance abuse treatment and rehabilitation program; private contract; funding; liability

A. The board may establish a confidential program for the treatment and rehabilitation of doctors of medicine and physician assistants who are impaired by alcohol or drug abuse. This program shall include education, intervention, therapeutic treatment and posttreatment monitoring and support.

B. The board may contract with other organizations to operate the program established pursuant to subsection A of this section. A contract with a private organization shall include the following requirements:

1. Periodic reports to the board regarding treatment program activity.

2. Release to the board on demand of all treatment records.

3. Quarterly reports to the board regarding each doctor's diagnosis and prognosis and the recommendations for continuing care, treatment and supervision.

4. Immediate reporting to the board of the name of an impaired doctor who the treating organization believes to be misusing chemical substances.

5. Reports to the board, as soon as possible, of the name of a doctor who refuses to submit to treatment or whose impairment is not substantially alleviated through treatment.

C. The board may allocate an amount of not to exceed forty dollars from each fee it collects from the biennial renewal of active licenses pursuant to section 32-1436 for the operation of the program established by this section.

D. A doctor of medicine who is impaired by alcohol or drug abuse shall agree to enter into a stipulation order with the board or the doctor shall be placed on probation or shall be subject to other action as provided by law.

E. In order to determine that a doctor of medicine who has been placed on probationary order or who has entered into a stipulation order pursuant to this section is not impaired by drugs or alcohol after that order is no longer in effect, the board or its designee may require the doctor of medicine to submit to body fluid examinations and other examinations known to detect the presence of alcohol or other drugs at any time within five consecutive years following termination of the probationary or stipulated order.

F. A doctor of medicine who is impaired by alcohol or drug abuse and who was under a board stipulation or probationary order that is no longer in effect shall request the board to place the doctor's license on inactive status with cause. If the doctor fails to do this the board shall summarily suspend the license pursuant to section 32-1451, subsection D. In order to reactivate the license the doctor shall successfully complete a long-term care residential or inpatient hospital treatment program, or both, and shall meet the applicable requirements of section 32-1431, subsection D. After the doctor completes treatment the board shall determine if it should refer the matter for a formal hearing for the purpose of suspending or revoking the license or to place the doctor on probation for a minimum of five years with restrictions necessary to assure the public's safety.

G. The board shall revoke the license of a doctor of medicine if that doctor is impaired by alcohol or drug abuse and was previously placed on probation pursuant to subsection F of this section and the probation is no longer in effect. The board may accept the surrender of the license if the doctor admits in writing to being impaired by alcohol or drug abuse.

H. An evaluator, teacher, supervisor or volunteer in the board's substance abuse treatment and rehabilitation program who acts in good faith within the scope of that program is not subject to civil liability, including malpractice liability, for the actions of a doctor who is attending the program pursuant to board action.