32-2086

32-2086. Treatment and rehabilitation
program

A. The board may establish a confidential program for the treatment and
rehabilitation of psychologists who are impaired. This program may 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 psychologist's diagnosis,
prognosis and recommendations for continuing care, treatment and supervision.

4. Immediate reporting to the board of the name of an impaired psychologist whom
the treating organization believes to be a danger to the public or to the psychologist.

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

C. The board may allocate an amount of not more than twenty dollars from each fee
it collects from the biennial renewal of active licenses pursuant to section 32-2067 for
the operation of the program established by this section.

D. A psychologist who is impaired and who does not agree to enter into a stipulated
order with the board shall be placed on probation or shall be subject to other action as
provided by law.

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impaired by alcohol or illegal substances after that order is no longer in effect, the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

F. A psychologist who is impaired by alcohol or illegal substances and who was
under a board stipulation or probationary order that is no longer in effect must ask the
board to place the psychologist's license on inactive status with cause. If the
psychologist fails to do this, the board shall summarily suspend the license pursuant to
section 32-2081. In order to reactivate the license the psychologist must successfully
complete a board approved long-term care residential treatment program, an inpatient
hospital treatment program or an intensive outpatient treatment program and shall meet
the requirements of section 32-2074. After the psychologist completes treatment the board
shall determine if it should reactivate the license without restrictions or refer the
matter to a formal hearing for the purpose of suspending or revoking the license or to
place the psychologist on probation with restrictions necessary to ensure the public's
safety.

G. The board may revoke the license of a psychologist if that psychologist is
impaired by alcohol or illegal substances and was previously placed on probation pursuant
to subsection F of this section. If the licensee is no longer on probation, the board may
accept the surrender of the license if the psychologist admits in writing to being
impaired by alcohol or illegal substances.

H. An evaluator, treatment provider, 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 psychologist who is attending the program pursuant to
board action.