Rule 360-11-.05 - Confidentiality(1) Notwithstanding the provisions of Code Sections 43-34-7 and 43-34-8, the Board shall be authorized to provide pertinent information regarding health care professionals, as determined by the Board and in its sole discretion, to an entity for its purposes in conducting a PHP.(2) All information, interviews, reports, statements, memoranda, or other documents furnished by the Board or other source to the an entity under contract with the Board for a PHP or produced by the entity, and any findings, conclusions, recommendations, or reports resulting from the monitoring or rehabilitation of health care professionals pursuant to a contract with the Board are declared to be privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records.(3) All records of the PHP shall be confidential and shall be used by the PHP and its employees and agents only in the exercise of the proper function of the PHP pursuant to its contract with the Board. Such information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the PHP and any findings, conclusions, recommendations, or reports resulting from the monitoring or rehabilitation of health care professionals shall not be available for court subpoenas or for discovery proceedings.(4) Notwithstanding the above, the Board is authorized to use any such information in a manner and hearing consistent with the provisions of O.C.G.A. Section 43-34-8, and the Board rules.Ga. Comp. R. & Regs. R. 360-11-.05
O.C.G.A. Secs. 31-11-52, 43-34-5, 43-34-5.1, 43-34-7, 43-34-8, 43-34-26.1.
Original Rule entitled "Examination and Certification" adopted as ER. 360-11-0.3-.05. F. and eff. January 25, 1978.Amended: Permanent Rule of same title adopted. F. Apr. 24, 1978; eff. May 14, 1978.Repealed: New Rule of same title adopted. F. July 10, 1980; eff. July 30, 1980.Repealed: New Rule of same title adopted. F. June 21, 1982; eff. July 11, 1982.Repealed: New Rule of same title adopted. F. June 18, 1984; eff. July 13, 1984, as specified by the Agency.Amended: F. May 20, 1988; eff. June 30, 1988, as specified by the Agency.Amended: F. Mar. 17, 1997; eff. Apr. 6, 1977.Repealed: F. Dec. 14, 2007; eff. Jan. 3, 2008.Amended: New Rule entitled "Filing of Influenza Vaccine Protocol Agreement With the Board" adopted. F. Dec. 21, 2009; eff. Jan. 10, 2010.Repealed. New Rule entitled "Confidentiality" adopted. F. Jul. 5, 2011; eff. July 25, 2011.