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327.045 Impaired physical therapy practitioners committee -- Purposes -Assessments to support functions -- Immunity of members -- Privileged
information -- Annual report.
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The board shall establish an impaired physical therapy practitioners committee
to promote the early identification, intervention, treatment, and rehabilitation of
physical therapists and physical therapists' assistants who may be impaired by
reason of illness or of 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,
physical therapy professional organization, or similar organization for the
purpose of creating, supporting, and maintaining an impaired physical therapy
practitioners committee.
The board may promulgate administrative regulations in accordance with KRS
Chapter 13A to effectuate and implement a committee formed by the
provisions of this section.
Beginning January 1, 2001, the board shall collect an assessment fee not to
exceed twenty dollars ($20) per licensee or certificate holder, payable to the
board, to be added to each licensure and certification renewal application fee.
Proceeds from the assessment shall be expended on the operation of an
impaired physical therapy practitioners committee formed by the provisions of
this section. The fee shall be set by the promulgation of administrative
regulations.
Members of an impaired physical therapy practitioners committee, any
administrator, staff member, consultant, agent, volunteer, 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 or damages as a result of
any statement, decision, opinion, investigation, or action taken by the
committee or by an individual member of the committee.
All information, interviews, reports, statements, memoranda, or other
documents furnished to or produced by the impaired physical therapy
practitioners committee, all communication to or from the committee, and all
proceedings, findings, and conclusions of the committee, including those
relating to intervention, treatment, or rehabilitation, which in any way pertain or
refer to a physical therapist or physical therapist's assistant who is or may be
impaired, shall be privileged and confidential.
All records and proceedings of the committee that pertain or refer to a licensee
or a certificate holder who may be, or 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 not 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 (8) of this
section.
The committee may disclose information relative to an impaired physical
therapist or physical therapist's assistant only when:
(a)
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It is essential to disclose the information to persons or organizations
needing the information in order to address the intervention, treatment, or
rehabilitation needs of the impaired practitioner;
(b) Its release is authorized in writing by the impaired physical therapist or
physical therapist's assistant; or
(c) The information is subject to court order.
The impaired physical therapy practitioners committee shall make an annual
report to the board.
Effective:July 14, 2000
History: Created 2000 Ky. Acts ch. 313, sec. 1, effective July 14, 2000.
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