HB219: HB219 Professions and businesses; establish a professional health program to provide for monitoring and rehabilitation of impaired healthcare professionals; authorize

26 LC 57 0201/AP House Bill 219 (AS PASSED HOUSE AND SENATE) By: Representatives Stephens of the 164th, Davis of the 87th, and Clark of the 100th A BILL TO BE ENTITLED AN ACT To amend Title 43 of the Official Code of Georgia Annotated, re lating to professions and1 businesses, so as to authorize the Georgia Composite Board of P rofessional Counselors,2 Social Workers, and Marriage and Family Therapists to establish a professional health3 program to provide for monitoring and rehabilitation of impaired healthcare professionals;4 to authorize the Georgia Board of Nursing to establish a profes sional health program to5 provide for monitoring and rehabilitation of impaired healthcare professionals; to provide for6 funding or gifts in kind; to provide for related matters; to re peal conflicting laws; and for7 other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,11 is amended in Chapter 10A, relating to professional counselors, social workers, and marriage12 and family therapists, by adding a new Code section to read as follows:13 H. B. 219 - 1 - 26 LC 57 0201/AP "43-10A-24.14 (a) As used in this Code section, the term:15 (1) 'Entity' means an organization or medical professional ass ociation which conducts16 professional health programs.17 (2) 'Healthcare professional' means any individual licensed, certified, or permitted by the18 board under this chapter.19 (3) 'Impaired' means the inability of a healthcare professional to practice with reasonable20 skill and safety to patients by reason of illness or use of alc ohol, drugs, narcotics,21 chemicals, or any other type of material, or as a result of any mental or physical condition.22 (4) 'Professional health program' means a program established for the purposes of23 monitoring and rehabilitation of impaired healthcare professionals.24 (b) The board shall be authorized to conduct a professional he alth program to provide25 monitoring and rehabilitation of impaired healthcare profession als in this state. To this26 end, the board shall be authorized to enter into a contract with an entity for the purpose of27 establishing and conducting such professional health program, including, but not limited28 to:29 (1) Monitoring and rehabilitation of impaired healthcare professionals for the purpose30 of ensuring the fitness of each such healthcare professional to resume or continue the31 practice of his or her healthcare profession while maintaining the safety of the public;32 (2) Performing duties related to paragraph (10) of subsection (a) of Code33 Section 43-10A-17; and34 (3) Performing such other related activities as determined by the board.35 (c) Notwithstanding subsection (k) of Code Section 43-1-2 and Code Section 43-10A-17,36 the board shall be authorized to provide pertinent information regarding healthcare37 professionals, as determined by the board and in its sole discr etion, to an entity for its38 purposes in conducting a professional health program pursuant to this Code section.39 H. B. 219 - 2 - 26 LC 57 0201/AP (d) All information, interviews, reports, statements, memorand a, or other documents40 furnished to an entity by the board or other source or produced by an entity and any41 findings, conclusions, recommendations, or reports resulting fr om the monitoring or42 rehabilitation of healthcare professionals pursuant to this Code section are declared to be43 privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,44 relating to open records. All such records of an entity shall be confidential and shall be45 used by such entity and its employees and agents only in the exercise of the proper function46 of the entity pursuant to its contract with the board. Such information, interviews, reports,47 statements, memoranda, or other documents furnished to or produced by an entity and any48 findings, conclusions, recommendations, or reports resulting fr om the monitoring or49 rehabilitation of healthcare professionals shall not be available for court subpoenas or for50 discovery proceedings.51 (e) An impaired healthcare professional who participates in a professional health program52 conducted pursuant to this Code section shall bear all costs as sociated with such53 participation.54 (f) Any entity that contracts with the board pursuant to this Code section shall be immune55 from any liability, civil or criminal, that might otherwise be incurred or imposed for the56 performance of any functions or duties under the contract, if performed in accordance with57 the terms of such contract and the provisions of this Code section.58 (g) This Code section shall be subject to appropriation by the General Assembly. The59 board may accept and solicit private funding, public grants, in -kind gifts, or any other60 funding or donations that may be available to facilitate the pu rpose of conducting a61 professional health program."62 SECTION 2.63 Said title is further amended in Chapter 26, relating to nurses, by adding a new article to read64 as follows:65 H. B. 219 - 3 - 26 LC 57 0201/AP "ARTICLE 566 43-26-70.67 As used in this article, the term:68 (1) 'Board' means the Georgia Board of Nursing.69 (2) 'Entity' means an organization or medical professional ass ociation which conducts70 professional health programs.71 (3) 'Healthcare professional' means any individual licensed, certified, or permitted by the72 board under this chapter.73 (4) 'Impaired' means the inability of a healthcare professional to practice with reasonable74 skill and safety to patients by reason of illness or use of alc ohol, drugs, narcotics,75 chemicals, or any other type of material, or as a result of any mental or physical condition.76 (5) 'Professional health program' means a program established for the purposes of77 monitoring and rehabilitation of impaired healthcare professionals.78 43-26-71.79 (a) The board shall be authorized to conduct a professional he alth program to provide80 monitoring and rehabilitation of impaired healthcare profession als in this state. To this81 end, the board shall be authorized to enter into a contract with an entity for the purpose of82 establishing and conducting such professional health program, including, but not limited83 to:84 (1) Monitoring and rehabilitation of impaired healthcare professionals for the purpose85 of ensuring the fitness of each such healthcare professional to resume or continue the86 practice of his or her healthcare profession while maintaining the safety of the public;87 (2) Performing duties related to paragraph (2) of Code Section 43-26-11; and88 (3) Performing such other related activities as determined by the board.89 H. B. 219 - 4 - 26 LC 57 0201/AP (b) Notwithstanding subsection (k) of Code Section 43-1-2 and Code Section 43-26-11,90 the board shall be authorized to provide pertinent information regarding healthcare91 professionals, as determined by the board and in its sole discr etion, to an entity for its92 purposes in conducting a professional health program pursuant to this Code section.93 (c) All information, interviews, reports, statements, memorand a, or other documents94 furnished to an entity by the board or other source or produced by an entity and any95 findings, conclusions, recommendations, or reports resulting fr om the monitoring or96 rehabilitation of healthcare professionals pursuant to this Code section are declared to be97 privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50,98 relating to open records. All such records of an entity shall be confidential and shall be99 used by such entity and its employees and agents only in the exercise of the proper function100 of the entity pursuant to its contract with the board. Such information, interviews, reports,101 statements, memoranda, or other documents furnished to or produced by an entity and any102 findings, conclusions, recommendations, or reports resulting fr om the monitoring or103 rehabilitation of healthcare professionals shall not be available for court subpoenas or for104 discovery proceedings.105 43-26-72.106 An impaired healthcare professional who participates in a profe ssional health program107 conducted pursuant to Code Section 43-26-71 shall bear all cost s associated with such108 participation.109 43-26-73.110 Any entity that contracts with the board pursuant to Code Secti on 43-26-71 shall be111 immune from any liability, civil or criminal, that might otherwise be incurred or imposed112 for the performance of any functions or duties under the contra ct if performed in113 accordance with the terms of such contract and the provisions of this article.114 H. B. 219 - 5 - 26 LC 57 0201/AP 43-26-74.115 This article shall be subject to appropriation by the General A ssembly. The board may116 accept and solicit private funding, public grants, in-kind gift s, or any other funding or117 donations that may be available to facilitate the purpose of conducting a professional health118 program."119 SECTION 3.120 All laws and parts of laws in conflict with this Act are repealed.121 H. B. 219 - 6 -