32-1452

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is not impaired by drugs or alcohol after that order is no longer in effect, the board or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a board stipulation or probationary order that is no longer in effect shall request the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.