G.S.90-187.15.
Board agreement for programs for impaired veterinary personnel
(a) The Board may
enter into agreements with organizations that have developed programs for
impaired veterinary personnel. Activities to be covered by these agreements may
include investigation, review, and evaluation of records, reports, complaints,
litigation, and other information about the practices or the practice patterns
of veterinary personnel licensed or registered by the Board as these matters
may relate to impaired veterinary personnel. Organizations having programs for
impaired veterinary personnel may include a statewide supervisory committee or
various regional or local components or subgroups.
(b) Agreements
authorized under this section shall include provisions for the impaired
veterinary personnel organizations to: (i) receive relevant information from
the Board and other sources; (ii) conduct any investigation, review, or
evaluation in an expeditious manner; (iii) provide assurance of confidentiality
of nonpublic information and of the process; (iv) make reports of
investigations and evaluations to the Board; and (v) implement any other
related activities for operating and promoting a coordinated and effective
process. The agreement shall include provisions assuring basic due process for
veterinary personnel who become involved.
(c) Organizations
entering into agreements with the Board shall establish and maintain a program
for impaired veterinary personnel licensed or registered by the Board for the
purpose of identifying, reviewing, and evaluating the ability of those
veterinarians or veterinary technicians to function as veterinarians or
veterinary technicians and provide programs for treatment and rehabilitation.
The Board may provide funds for the administration of these impaired veterinary
personnel peer review programs. The Board may adopt rules pursuant to Chapter
150B of the General Statutes to apply to the operation of impaired veterinary
personnel programs, with provisions for: (i) definitions of impairment; (ii)
guidelines for program elements; (iii) procedures for receipt and use of
information of suspected impairment; (iv) procedures for intervention and
referral; (v) arrangements for monitoring treatment, rehabilitation,
posttreatment support, and performance; (vi) reports of individual cases to the
Board; (vii) periodic reporting of statistical information; (viii) assurance of
confidentiality of nonpublic information and of the process; and (ix) other
necessary measures.
(d) Upon investigation
and review of a veterinarian licensed by the Board or a veterinary technician
registered with the Board, or upon receipt of a complaint or other information,
an impaired veterinary personnel organization that enters into an agreement
with the Board shall report to the Board detailed information about any
veterinarian licensed or veterinary technician registered by the Board if:
(1) The
veterinarian or veterinary technician constitutes an imminent danger to the
public, to patients, or to himself or herself.
(2) The
veterinarian or veterinary technician refuses to cooperate with the program,
refuses to submit to treatment, or is still impaired after treatment and
exhibits professional incompetence.
(3) It
reasonably appears that there are other grounds for disciplinary action.
(e) Any confidential
information or other nonpublic information acquired, created, or used in good
faith by an impaired veterinary personnel organization or the Board regarding a
participant pursuant to this section shall remain confidential and shall not be
subject to discovery or subpoena in a civil case, nor subject to disclosure as
a public document by the Board pursuant to Chapter 132 of the General Statutes.
No person participating in good faith in an impaired veterinary personnel program
developed under this section shall be required in a civil case to disclose any
information, including opinions, recommendations, or evaluations, acquired or
developed solely in the course of participating in the program.
(f) Impaired
veterinary personnel activities conducted in good faith pursuant to any program
developed under this section shall not be grounds for civil action under the
laws of this State, and the activities are deemed to be State-directed and
sanctioned and shall constitute "State action" for the purposes of
application of antitrust laws."
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