Dental well-being committee, powers and duties, records confidential,exception, the well-being committee--diversion agreements,entered into, when.
332.327. 1. The board may establish an impaired dentist or dentalhygienist committee, to be designated as the well-being committee, topromote the early identification, intervention, treatment andrehabilitation of dentists or dental hygienists who may be impaired byreasons of illness, substance abuse, or as a result of any physical ormental condition. The board may enter into a contractual agreement with anonprofit corporation or a dental association for the purpose of creating,supporting and maintaining a committee to be designated as the well-beingcommittee. The board may promulgate administrative rules subject to theprovisions of this section and chapter 536, RSMo, to effectuate andimplement any committee formed pursuant to this section. The board mayexpend appropriated funds necessary to provide for operational expenses ofthe committee formed pursuant to this section. Any member of thewell-being committee, as well as any administrator, staff member,consultant, agent or employee of the committee, acting within the scope ofhis or her duties and without actual malice and, all other persons whofurnish information to the committee in good faith and without actualmalice, shall not be liable for any claim of damages as a result of anystatement, decision, opinion, investigation or action taken by thecommittee, or by any individual member of the committee.
2. All information, interviews, reports, statements, memoranda orother documents furnished to or produced by the well-being committee, aswell as communications to or from the committee, any findings, conclusions,interventions, treatment, rehabilitation or other proceedings of thecommittee which in any way pertain to a licensee who may be, or whoactually is, impaired shall be privileged and confidential.
3. All records and proceedings of the well-being committee whichpertain or refer to a licensee who may be, or who actually is, impairedshall be privileged and confidential and shall be used by the committee andits members only in the exercise of the proper function of the committeeand shall not be considered public records pursuant to chapter 610, RSMo,and shall not be subject to court subpoena or subject to discovery orintroduction as evidence in any civil, criminal or administrativeproceedings except as provided in subsection 4 of this section.
4. The well-being committee may disclose information relative to animpaired licensee only when:
(1) It is essential to disclose the information to further theintervention, treatment or rehabilitation needs of the impaired licenseeand only to those persons or organization with a need to know;
(2) Its release is authorized in writing by the impaired licensee;
(3) The committee is required to make a report to the board; or
(4) The information is subject to a court order.
5. In lieu of pursuing discipline against a dentist or dentalhygienist for violating one or more causes stated in subsection 2 ofsection 332.321, the board may enter into a diversion agreement with adentist or dental hygienist to refer the licensee to the dental well-beingcommittee under such terms and conditions as are agreed to by the board andlicensee for a period not to exceed five years. The board shall enter intono more than two diversion agreements with any individual licensee. If thelicensee violates a term or condition of a diversion agreement entered intopursuant to this section, the board may elect to pursue discipline againstthe licensee pursuant to chapter 621, RSMo, for the original conduct thatresulted in the diversion agreement, or for any subsequent violation ofsubsection 2 of section 332.321. While the licensee participates in thewell-being committee, the time limitations of section 324.043, RSMo, shalltoll pursuant to subsection 7 of section 324.043, RSMo. All recordspertaining to diversion agreements are confidential and may only bereleased pursuant to subsection 8 of section 324.001, RSMo.
6. The board may disclose information and records to the well-beingcommittee to assist the committee in the identification, intervention,treatment, and rehabilitation of dentists or dental hygienists who may beimpaired by reason of illness, substance abuse, or as the result of anyphysical or mental condition. The well-being committee shall keep allinformation and records provided by the board confidential to the extentthe board is required to treat the information and records as closed to thepublic pursuant to chapter 324, RSMo.
Dental well-being committee, powers and duties, records confidential,exception, the well-being committee--diversion agreements,entered into, when.
332.327. 1. The board may establish an impaired dentist or dentalhygienist committee, to be designated as the well-being committee, topromote the early identification, intervention, treatment andrehabilitation of dentists or dental hygienists who may be impaired byreasons of illness, substance abuse, or as a result of any physical ormental condition. The board may enter into a contractual agreement with anonprofit corporation or a dental association for the purpose of creating,supporting and maintaining a committee to be designated as the well-beingcommittee. The board may promulgate administrative rules subject to theprovisions of this section and chapter 536, RSMo, to effectuate andimplement any committee formed pursuant to this section. The board mayexpend appropriated funds necessary to provide for operational expenses ofthe committee formed pursuant to this section. Any member of thewell-being committee, as well as any administrator, staff member,consultant, agent or employee of the committee, acting within the scope ofhis or her duties and without actual malice and, all other persons whofurnish information to the committee in good faith and without actualmalice, shall not be liable for any claim of damages as a result of anystatement, decision, opinion, investigation or action taken by thecommittee, or by any individual member of the committee.
2. All information, interviews, reports, statements, memoranda orother documents furnished to or produced by the well-being committee, aswell as communications to or from the committee, any findings, conclusions,interventions, treatment, rehabilitation or other proceedings of thecommittee which in any way pertain to a licensee who may be, or whoactually is, impaired shall be privileged and confidential.
3. All records and proceedings of the well-being committee whichpertain or refer to a licensee who may be, or who actually is, impairedshall be privileged and confidential and shall be used by the committee andits members only in the exercise of the proper function of the committeeand shall not be considered public records pursuant to chapter 610, RSMo,and shall not be subject to court subpoena or subject to discovery orintroduction as evidence in any civil, criminal or administrativeproceedings except as provided in subsection 4 of this section.
4. The well-being committee may disclose information relative to animpaired licensee only when:
(1) It is essential to disclose the information to further theintervention, treatment or rehabilitation needs of the impaired licenseeand only to those persons or organization with a need to know;
(2) Its release is authorized in writing by the impaired licensee;
(3) The committee is required to make a report to the board; or
(4) The information is subject to a court order.
5. In lieu of pursuing discipline against a dentist or dentalhygienist for violating one or more causes stated in subsection 2 ofsection 332.321, the board may enter into a diversion agreement with adentist or dental hygienist to refer the licensee to the dental well-beingcommittee under such terms and conditions as are agreed to by the board andlicensee for a period not to exceed five years. The board shall enter intono more than two diversion agreements with any individual licensee. If thelicensee violates a term or condition of a diversion agreement entered intopursuant to this section, the board may elect to pursue discipline againstthe licensee pursuant to chapter 621, RSMo, for the original conduct thatresulted in the diversion agreement, or for any subsequent violation ofsubsection 2 of section 332.321. While the licensee participates in thewell-being committee, the time limitations of section 324.043, RSMo, shalltoll pursuant to subsection 7 of section 324.043, RSMo. All recordspertaining to diversion agreements are confidential and may only bereleased pursuant to subsection 8 of section 324.001, RSMo.
6. The board may disclose information and records to the well-beingcommittee to assist the committee in the identification, intervention,treatment, and rehabilitation of dentists or dental hygienists who may beimpaired by reason of illness, substance abuse, or as the result of anyphysical or mental condition. The well-being committee shall keep allinformation and records provided by the board confidential to the extentthe board is required to treat the information and records as closed to thepublic pursuant to chapter 324, RSMo.
Dental well-being committee, powers and duties, records confidential,exception, the well-being committee--diversion agreements,entered into, when.
332.327. 1. The board may establish an impaired dentist or dentalhygienist committee, to be designated as the well-being committee, topromote the early identification, intervention, treatment andrehabilitation of dentists or dental hygienists who may be impaired byreasons of illness, substance abuse, or as a result of any physical ormental condition. The board may enter into a contractual agreement with anonprofit corporation or a dental association for the purpose of creating,supporting and maintaining a committee to be designated as the well-beingcommittee. The board may promulgate administrative rules subject to theprovisions of this section and chapter 536, RSMo, to effectuate andimplement any committee formed pursuant to this section. The board mayexpend appropriated funds necessary to provide for operational expenses ofthe committee formed pursuant to this section. Any member of thewell-being committee, as well as any administrator, staff member,consultant, agent or employee of the committee, acting within the scope ofhis or her duties and without actual malice and, all other persons whofurnish information to the committee in good faith and without actualmalice, shall not be liable for any claim of damages as a result of anystatement, decision, opinion, investigation or action taken by thecommittee, or by any individual member of the committee.
2. All information, interviews, reports, statements, memoranda orother documents furnished to or produced by the well-being committee, aswell as communications to or from the committee, any findings, conclusions,interventions, treatment, rehabilitation or other proceedings of thecommittee which in any way pertain to a licensee who may be, or whoactually is, impaired shall be privileged and confidential.
3. All records and proceedings of the well-being committee whichpertain or refer to a licensee who may be, or who actually is, impairedshall be privileged and confidential and shall be used by the committee andits members only in the exercise of the proper function of the committeeand shall not be considered public records pursuant to chapter 610, RSMo,and shall not be subject to court subpoena or subject to discovery orintroduction as evidence in any civil, criminal or administrativeproceedings except as provided in subsection 4 of this section.
4. The well-being committee may disclose information relative to animpaired licensee only when:
(1) It is essential to disclose the information to further theintervention, treatment or rehabilitation needs of the impaired licenseeand only to those persons or organization with a need to know;
(2) Its release is authorized in writing by the impaired licensee;
(3) The committee is required to make a report to the board; or
(4) The information is subject to a court order.
5. In lieu of pursuing discipline against a dentist or dentalhygienist for violating one or more causes stated in subsection 2 ofsection 332.321, the board may enter into a diversion agreement with adentist or dental hygienist to refer the licensee to the dental well-beingcommittee under such terms and conditions as are agreed to by the board andlicensee for a period not to exceed five years. The board shall enter intono more than two diversion agreements with any individual licensee. If thelicensee violates a term or condition of a diversion agreement entered intopursuant to this section, the board may elect to pursue discipline againstthe licensee pursuant to chapter 621, RSMo, for the original conduct thatresulted in the diversion agreement, or for any subsequent violation ofsubsection 2 of section 332.321. While the licensee participates in thewell-being committee, the time limitations of section 324.043, RSMo, shalltoll pursuant to subsection 7 of section 324.043, RSMo. All recordspertaining to diversion agreements are confidential and may only bereleased pursuant to subsection 8 of section 324.001, RSMo.
6. The board may disclose information and records to the well-beingcommittee to assist the committee in the identification, intervention,treatment, and rehabilitation of dentists or dental hygienists who may beimpaired by reason of illness, substance abuse, or as the result of anyphysical or mental condition. The well-being committee shall keep allinformation and records provided by the board confidential to the extentthe board is required to treat the information and records as closed to thepublic pursuant to chapter 324, RSMo.
