24 Del. Admin. Code § 1725-11.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1725-11.0 - Voluntary Treatment Option for Chemically Dependent or Impaired Professionals - The Delaware Professionals' Health Monitoring Program

11.1 If information regarding a suspected chemically dependent or impaired licensee is received by the Council, the Council shall immediately notify the Division of Professional Regulation.

11.2 Upon receipt of information concerning a suspected chemically dependent or impaired licensee, the Division of Professional Regulation or its designee shall contact the licensee and inform him or her of the report, provide the licensee information describing the Delaware Professional Health Monitoring Program (DPHMP), and give him or her the opportunity to enter the DPHMP.

11.3 In order for the licensee to participate in the DPHMP, he/she shall execute a monitoring agreement.

11.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the DPHMP and continue to practice, subject to any limitations on practice imposed by either the DPHMP or the Council following a determination that disciplinable conduct has occurred.

11.5 Failure to cooperate fully with the DPHMP, the Division, or any employee of the same, or to comply with their requests for evaluations and screens may disqualify the licensee from the provisions of the DPHMP and there may be activated an immediate investigation and institution of disciplinary proceedings, if appropriate.

11.6 The DPHMP may require a licensee to execute a monitoring agreement that includes, but is not limited to, the following provisions:

11.6.1 Evaluation and entry into a treatment program;

11.6.2 Consent of the licensee, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program;

11.6.3 Agreement by the licensee to be personally responsible for all costs and charges associated with the DPHMP and any associated treatment programs;

11.6.4 Agreement by the licensee that failure to satisfactorily progress shall be reported to the Division of Professional Regulation for investigation and the institution of disciplinary proceedings;

11.6.5 Compliance with any terms or restrictions placed on professional practice as outlined in the monitoring agreement under the DPHMP.

11.7 The licensee's records of participation in the DPHMP will not reflect disciplinary action if the licensee voluntarily entered the Program and shall not be considered public records open to public inspection. However, the Council may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.

11.8 Any licensee who complies with all of the terms and completes the DPHMP shall have his/her confidentiality protected.

24 Del. Admin. Code § 1725-11.0

17 DE Reg. 1094 (5/1/2014) (Final)