2006 Kentucky Revised Statutes - .021   Impaired dentist or dental hygienist well-being committee.

313.021 Impaired dentist or dental hygienist well-being committee. (1) The board may establish an impaired dentist or dental hygienist committee, to be designated as the well-being committee, to promote the early identification, intervention, treatment, and rehabilitation of dentists or dental hygienists who may be impaired by reasons of illness, alcohol or drug abuse, or as a result of any physical or mental condition. The board may enter into a contractual agreement with a nonprofit corporation or a dental association for the purpose of creating, supporting, and maintaining a committee to be designated as the well-being committee. The board may promulgate administrative regulations subject to the provisions of KRS Chapter 13A to effectuate and implement any committee formed pursuant to this section. The board may expend any funds it deems necessary to adequately provide for operational expenses of any committee formed pursuant to this section. Any member of the well-being committee as well as any administrator, staff member, consultant, agent, or employee of the committee acting within the scope of their duties and without actual malice, and all other persons who furnish information to the committee in good faith and without actual malice, shall not be liable for any claim of damages as a result of any statement, decision, opinion, investigation, or action taken by the committee, or by any individual member of the committee. (2) All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the well-being committee, as well as communications to or from the committee, and any findings, conclusions, interventions, treatment, rehabilitation, or other proceedings of the committee which in any way pertain to a licensee who may be, or who actually is, impaired shall be privileged and confidential. (3) All records and proceedings of the well-being committee which pertain or refer to a licensee who may be, or who actually is, impaired shall be privileged and confidential and shall be used by the committee and its members only in the exercise of the proper function of the committee and shall not be considered public records and shall be subject to court subpoena and subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except as described in subsection (4) of this section. (4) The well-being committee may disclose information relative to an impaired licensee only when: (a)  It is essential to disclose the information to further the intervention, treatment, or rehabilitation needs of the impaired licensee, and only to those persons or organization with a need to know; or (b)  Its release is authorized in writing by the impaired licensee; or (c)  The committee is required to make a report to the board; or (d)  The information is subject to court order. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 556, sec. 1, effective July 15, 1998. Page 1 of 1