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, relating to professions and
businesses, so as to authorize the Georgia Composite Board of Professional Counselors,
Social Workers, and Marriage and Family Therapists to establish a professional health
program to provide for monitoring and rehabilitation of impaired healthcare professionals;
to authorize the Georgia Board of Nursing to establish a professional health program to
provide for monitoring and rehabilitation of impaired healthcare professionals; to provide for
funding or gifts in kind; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,
is amended in Chapter 10A, relating to professional counselors, social workers, and marriage
and family therapists, by adding a new Code section to read as follows:
<ins>"43-10A-24.
(a) As used in this Code section, the term:
(1) 'Entity' means an organization or medical professional association which conducts
professional health programs.
(2) 'Healthcare professional' means any individual licensed, certified, or permitted by the
board under this chapter.
(3) 'Impaired' means the inability of a healthcare professional to practice with reasonable
skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,
chemicals, or any other type of material, or as a result of any mental or physical condition.
(4) 'Professional health program' means a program established for the purposes of
monitoring and rehabilitation of impaired healthcare professionals.
(b) The board shall be authorized to conduct a professional health program to provide
monitoring and rehabilitation of impaired healthcare professionals in this state. To this
end, the board shall be authorized to enter into a contract with an entity for the purpose of
establishing and conducting such professional health program, including, but not limited
to:
(1) Monitoring and rehabilitation of impaired healthcare professionals for the purpose
of ensuring the fitness of each such healthcare professional to resume or continue the
practice of his or her healthcare profession while maintaining the safety of the public;
(2) Performing duties related to paragraph (10) of subsection (a) of Code
Section 43-10A-17; and
(3) Performing such other related activities as determined by the board.
(c) Notwithstanding subsection (k) of Code Section 43-1-2 and Code Section 43-10A-17,
the board shall be authorized to provide pertinent information regarding healthcare
professionals, as determined by the board and in its sole discretion, to an entity for its
purposes in conducting a professional health program pursuant to this Code section.
</ins>
<ins>(d) All information, interviews, reports, statements, memoranda, or other documents
furnished to an entity by the board or other source or produced by an entity and any
findings, conclusions, recommendations, or reports resulting from the monitoring or
rehabilitation of healthcare professionals pursuant to this Code section 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. All such records of an entity shall be confidential and shall be
used by such entity and its employees and agents only in the exercise of the proper function
of the entity pursuant to its contract with the board. Such information, interviews, reports,
statements, memoranda, or other documents furnished to or produced by an entity and any
findings, conclusions, recommendations, or reports resulting from the monitoring or
rehabilitation of healthcare professionals shall not be available for court subpoenas or for
discovery proceedings.
(e) An impaired healthcare professional who participates in a professional health program
conducted pursuant to this Code section shall bear all costs associated with such
participation.
(f) Any entity that contracts with the board pursuant to this Code section shall be immune
from any liability, civil or criminal, that might otherwise be incurred or imposed for the
performance of any functions or duties under the contract, if performed in accordance with
the terms of such contract and the provisions of this Code section.
(g) This Code section shall be subject to appropriation by the General Assembly. The
board may accept and solicit private funding, public grants, in-kind gifts, or any other
funding or donations that may be available to facilitate the purpose of conducting a
professional health program."
</ins> SECTION 2.
Said title is further amended in Chapter 26, relating to nurses, by adding a new article to read
as follows:
<ins>"ARTICLE 5
43-26-70.
As used in this article, the term:
(1) 'Board' means the Georgia Board of Nursing.
(2) 'Entity' means an organization or medical professional association which conducts
professional health programs.
(3) 'Healthcare professional' means any individual licensed, certified, or permitted by the
board under this chapter.
(4) 'Impaired' means the inability of a healthcare professional to practice with reasonable
skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,
chemicals, or any other type of material, or as a result of any mental or physical condition.
(5) 'Professional health program' means a program established for the purposes of
monitoring and rehabilitation of impaired healthcare professionals.
43-26-71.
(a) The board shall be authorized to conduct a professional health program to provide
monitoring and rehabilitation of impaired healthcare professionals in this state. To this
end, the board shall be authorized to enter into a contract with an entity for the purpose of
establishing and conducting such professional health program, including, but not limited
to:
(1) Monitoring and rehabilitation of impaired healthcare professionals for the purpose
of ensuring the fitness of each such healthcare professional to resume or continue the
practice of his or her healthcare profession while maintaining the safety of the public;
(2) Performing duties related to paragraph (2) of Code Section 43-26-11; and
(3) Performing such other related activities as determined by the board.
</ins>
<ins>(b) Notwithstanding subsection (k) of Code Section 43-1-2 and Code Section 43-26-11,
the board shall be authorized to provide pertinent information regarding healthcare
professionals, as determined by the board and in its sole discretion, to an entity for its
purposes in conducting a professional health program pursuant to this Code section.
(c) All information, interviews, reports, statements, memoranda, or other documents
furnished to an entity by the board or other source or produced by an entity and any
findings, conclusions, recommendations, or reports resulting from the monitoring or
rehabilitation of healthcare professionals pursuant to this Code section 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. All such records of an entity shall be confidential and shall be
used by such entity and its employees and agents only in the exercise of the proper function
of the entity pursuant to its contract with the board. Such information, interviews, reports,
statements, memoranda, or other documents furnished to or produced by an entity and any
findings, conclusions, recommendations, or reports resulting from the monitoring or
rehabilitation of healthcare professionals shall not be available for court subpoenas or for
discovery proceedings.
43-26-72.
An impaired healthcare professional who participates in a professional health program
conducted pursuant to Code Section 43-26-71 shall bear all costs associated with such
participation.
43-26-73.
Any entity that contracts with the board pursuant to Code Section 43-26-71 shall be
immune from any liability, civil or criminal, that might otherwise be incurred or imposed
for the performance of any functions or duties under the contract if performed in
accordance with the terms of such contract and the provisions of this article.
</ins>
<ins>43-26-74.
This article shall be subject to appropriation by the General Assembly. The board may
accept and solicit private funding, public grants, in-kind gifts, or any other funding or
donations that may be available to facilitate the purpose of conducting a professional health
program."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.