2006 Code of Virginia § 54.1-2516 - Program established; practitioner participation; disciplinary action stayed under certain condition...

54.1-2516. Program established; practitioner participation; disciplinaryaction stayed under certain conditions.

A. By January 1, 1998, the Director of the Department of Health Professionsshall establish a comprehensive health practitioners' intervention program,providing an alternative to disciplinary action. The Director shallpromulgate such regulations as are necessary for the implementation of thisprogram after consulting with the various health regulatory boards.

The Director may, in consultation and coordination with the InterventionProgram Committee, enter into contracts as may be necessary for theimplementation of intervention services. Such services may include education,intervention, assessment, referral, and monitoring of impaired practitioners.

When evaluating such contracts, the Director shall consider the utilizationof programs, as appropriate, that have been established by professionalorganizations for peer assistance of impaired practitioners.

The Program's operating costs, including any contractual obligations forservices, shall be funded by special dedicated revenues consistent with theprovisions of 54.1-113, 54.1-2400, and 54.1-2505.

Any intervention program for individuals licensed or certified by the Boardof Medicine, and any contract for the implementation of intervention serviceswith respect to any such individuals, shall be subject to the prior approvalof that Board.

B. Any health practitioner who has an impairment as defined in this chapter,may, on a voluntary basis, participate in the Program regardless of whetherthe impairment constitutes grounds for disciplinary action.

C. Disciplinary action shall be stayed upon entry of the practitioner in theProgram under the following conditions:

1. No report of a possible violation of law or regulation has been madeagainst the practitioner other than impairment or the diversion of controlledsubstances for personal use and such use does not constitute a danger topatients or clients.

2. The practitioner has entered the Program by written contract with theIntervention Program Committee.

3. Disciplinary action against the practitioner has not previously beenstayed in accordance with this section.

4. The practitioner remains in compliance with such terms, testing, treatmentand other conditions as may be specified in the contract with theIntervention Program Committee.

5. The Intervention Program Committee has consulted with the designatedrepresentative of the relevant health regulatory board.

(1997, c. 439.)