Ga. Comp. R. & Regs. R. 360-11-.03 - Professional Health Program (PHP)

(1) The PHP must employ a Georgia licensed physician to act as the Medical Director to coordinate the activities of the PHP.

(2) The PHP must have a policy approved by the Board to provide services for the mental/physical evaluation of health care professionals who have been referred to the PHP or have contacted the PHP directly.

(3) In the provision of services to evaluate health care professionals or to monitor or rehabilitate impaired health care professionals, the PHP shall have a policy approved by the Board to identify approved treatment programs.

(4) The PHP shall maintain records for a period of ten years and shall keep such records confidential.

(5) The PHP shall inform each participant of the program's procedures, responsibilities of program participants, and the possible consequences of noncompliance with the program.

(6) The PHP shall submit a written report to the Board through the Board's Wellness Committee within 72 hours of each instance where the health care professional has:

(a) Failed to comply with the terms of participation;

(b) Refused to cease practice when he/she has been found to be unable to practice with reasonable skill and safety;

(c) Withdrawn from participation in the program against medical advice;

(d) Engaged in conduct or behavior which indicates that health care professional is believed to constitute an imminent danger to the public or to himself or herself; or

(e) Failed to abide by the terms and conditions of a monitoring agreement.

(7) Any report required under paragraph (6) above shall include evaluations, treatment records, medical records, documents or information relevant to the health care professional. All such information, evaluations, documents, reports, treatment records or medical records received by the Board shall be privileged and confidential and shall not be public records nor available for court subpoena or for discovery proceedings but may be used by the Board in the course of its investigations and may be introduced as evidence in administrative hearings conducted by the Board.

Notes

Ga. Comp. R. & Regs. R. 360-11-.03

O.C.G.A. Secs. 31-11-52, 43-34-5, 43-34-5.1, 43-34-8, 43-34-26.1.

Original Rule entitled "Applications for Board Approval" adopted as ER. 360-11-0.3-.03. 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 Repealed: New Rule of same title adopted.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. Apr. 21, 1982; eff. May 11, 1982. Repealed: New Rule of same title adopted. F. June 18, 1984; eff. July 13, 1984, as specified by the Agency. Amended: F. Oct. 8, 1998; eff. Oct. 28, 1998. Repealed: F. Dec. 14, 2007; eff. Jan. 3, 2008. Amended: New Rule entitled "Physician Requirements for the Influenza Vaccine Protocol Agreement" adopted. F. Dec. 21, 2009; eff. Jan. 10, 2010. Repealed. New Rule entitled "Professional Health Program (PHP)" adopted. F. Jul. 5, 2011; eff. July 25, 2011.