Ga. Comp. R. & Regs. R. 360-11-.05 - Confidentiality
(1) Notwithstanding
the provisions of Code Sections
43-34-7 and
43-34-8, the Board shall be authorized to provide pertinent information regarding health
care professionals, as determined by the Board and in its sole discretion, to
an entity for its purposes in conducting a PHP.
(2) All information, interviews, reports,
statements, memoranda, or other documents furnished by the Board or other
source to the an entity under contract with the Board for a PHP or produced by
the entity, and any findings, conclusions, recommendations, or reports
resulting from the monitoring or rehabilitation of health care professionals
pursuant to a contract with the Board 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.
(3) All
records of the PHP shall be confidential and shall be used by the PHP and its
employees and agents only in the exercise of the proper function of the PHP
pursuant to its contract with the Board. Such information, interviews, reports,
statements, memoranda, or other documents furnished to or produced by the PHP
and any findings, conclusions, recommendations, or reports resulting from the
monitoring or rehabilitation of health care professionals shall not be
available for court subpoenas or for discovery proceedings.
(4) Notwithstanding the above, the Board is
authorized to use any such information in a manner and hearing consistent with
the provisions of O.C.G.A. Section
43-34-8, and the Board rules.
Notes
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