N.D. Cent. Code § 43-17.3-03

Current through the 2023 Legislative Sessions

Section 43-17.3-03 - Physician health program requirements

In consultation with the board, the physician health program shall develop procedures for:

1. Periodic reporting of statistical information regarding physician health program activity.

2. Periodic disclosure and joint review of information the board deems appropriate regarding reports received, contacts of investigations made, and the disposition of each case. Except as expressly provided under this chapter, the physician health program may not disclose any personally identifiable information about participants other than board-ordered participants.

3. Immediate reporting to the board or governing institution the identity and results of any contact or investigation concerning an impaired licensee or student who is believed to constitute an imminent danger to the public or to the individual.

4. Reporting a licensee to the board, or student to the appropriate governing institute, in a timely fashion, the identity and results of any contact or investigation concerning a potentially impaired participant:

a. Who refuses to cooperate with the program;

b. Who refuses to submit to evaluation or treatment;

c. Who is not in compliance with a contractual treatment plan; or

d. Whose possible impairment is not substantially alleviated through treatment and:

(1) Who the program determines is unable to practice professionally with reasonable skill and safety by reason of illness related to the abuse of alcohol or other substances or as a result of any physical or mental condition; or

(2) Who may pose a threat to the health or safety of any individual.

5. Reporting to the board, in a timely fashion, the identity of any licensee participant regarding whom the program learns of the filing of any disciplinary charges or actions or violations of chapter 43-17.

6. Entering contractual agreements with each participant in the program which make clear the program procedures, the responsibilities of program participants, and the consequences of noncompliance with the program or with contractual agreements, including the program's reporting obligations to the board.

7. A policy by which a participant may obtain a second opinion review of recommendations by the program regarding assessment, monitoring, or treatment.

N.D.C.C. § 43-17.3-03

Amended by S.L. 2023 , ch. 385( SB 2098 ), § 3, eff. 8/1/2023.

Added by S.L. 2013 , ch. 323( SB 2135 ), § 1, eff. 8/1/2013.