N.J. Admin. Code § 13:35-11.4

Current through Register Vol. 56, No. 16, August 19, 2024

Section 13:35-11.4 - Duties of the Impairment Review Committee

(a) The IRC shall perform the following duties, as well as such others as the Board may require. The IRC:

1. Shall accept from licensees, and from other members of the public, reports (with the individual's identity) concerning licensees who may be suffering from chemical dependencies or other impairments;

2. Shall accept referrals (with the individual's identity) from the Board;

3. Shall accept coded initial reports from approved professional assistance programs (without any information from which the individual's identity can be discerned);

4. May request additional information from staff, the sponsoring PAP, the participant or persons with knowledge concerning a participant's condition or progress in rehabilitation;

5. Shall promptly review each referral to determine if participation in the ARP is appropriate. In making this determination, the IRC shall give consideration to the following factors:

i. The nature of the impairment;

ii. Whether the licensee rendered or attempted to render or was expected to render care at a time when impaired;

iii. Whether patients were harmed either directly or indirectly by the licensee's conduct;

iv. Whether the licensee has engaged in an activity which could render the licensee subject to criminal penalty, including, but not limited to, the illegal distribution of controlled dangerous substances or sexual abuse of patients;

v. Whether the licensee previously has undergone a rehabilitation program, and, if so, when that occurred, the nature and the duration of the prior treatment and the results thereof; and

vi. Whether such factors in a particular case would make participation in the Alternative Resolution Program inconsistent with the public interest;

6. With respect to PAP referrals, shall transmit to the Board a coded summary report (without the disclosure of any information from which the individual's identity could be discerned) as prepared by the IRC either upon completion of its review or within 30 days, whichever occurs first;

7. With respect to referrals from the Board, the public or other practitioners, shall prepare the summary report, reflecting the factors set forth at (a)5 above to be transmitted to the Board. If the IRC review has been initiated by a self-referral or by a report by another practitioner, reports to the Board shall be coded (without the disclosure of any information from which the individual's identity could be discerned). If the IRC has concluded that, based upon its review, there is insufficient information upon which to conclude that the licensee is suffering from a chemical dependency or other impairment, it shall so state in its confidential summary report, indicating the extent of its review. If the IRC has determined that participation should be permitted, the summary report shall address the following, as appropriate:

i. What treatment is warranted;

ii. What services will be provided by the sponsoring program;

iii. What practice restrictions should be imposed, if any;

iv. What monitoring regimen should be instituted, if any;

v. What supervision and reporting should be required and by whom; and

vi. At what frequency periodic interviews with the IRC should be scheduled;

8. Shall conduct such supplemental inquiry as may be directed by the Board;

9. Shall review coded letter agreements between the PAP and participating licensees embodying the terms of participation as reviewed by the Board and mandating that certain notice shall be provided to other jurisdictions if the licensee should elect to leave this State or should apply for initial licensure in another state, or in response to a particular inquiry from another state or regulatory agency or a health care facility at which the participating licensee has applied for privileges;

10. Shall notify the Board of any rejection by the licensee of a term of participation, including a refusal to consent to the release of records, and if no new agreement can be reached, shall notify the licensee that he or she may not participate in the program and shall disclose the licensee's identity and transmit the entire IRC file to the Board for appropriate disciplinary review;

11. Shall promptly review all reports submitted pursuant to such letter agreements, requesting supplemental investigation or appearances, as appropriate;

12. Shall immediately review any report indicating that a participating licensee has not complied with the terms of the letter agreement or has otherwise demonstrated a relapse or impairment, and shall thereafter provide the Board with notice of any information, which appears to be reliable and for which no acceptable explanation has been proffered, concerning noncompliance;

13. Shall provide the Board with periodic coded reports, submitted in accordance with a schedule established by the IRC, as to the status of all participating licensees and any recommendations for modification of the terms of agreement;

14. Shall, throughout the duration of the term of the agreement, maintain the agreement and information relating to the licensee as a matter under investigation relating to possible licensee misconduct and thus shall, except as provided herein, afford confidentiality pursuant to 45:1-36, except that nothing in this subsection shall preclude the Board, the IRC or the Attorney General from conducting appropriate investigation of the relevant facts, securing opinions from consultants and complying with judicial directives; and

15. Shall, upon a licensee's successful completion of the terms as provided by the letter agreement, advise the Board that it deems the matter to be closed without a finding of cause for action, except that nothing herein shall preclude the Board or the Panel from reviewing and relying upon all relevant materials should it receive a subsequent referral regarding the licensee.

N.J. Admin. Code § 13:35-11.4

Amended by R.2011 d.155, effective 6/6/2011.
See: 42 N.J.R. 1310(a), 43 N.J.R. 1359(b).
In (a)14, updated the N.J.S.A. reference, and substituted "in this subsection" for "herein".