§ 32-2942 — Mental, behavioral and physical health evaluation and treatment program; confidential consent agreement; private contract; immunity

A. The board may establish a confidential program for the evaluation, treatment and monitoring of persons who are licensed pursuant to this chapter and who have a medical, psychiatric, psychological or behavioral health disorder that may impact the ability to safely practice medicine or perform health care tasks. The program shall include education, intervention, therapeutic treatment and posttreatment monitoring and support.

B. A licensee who has a medical, psychiatric, psychological or behavioral health disorder described in subsection A of this section and who has not committed a violation of this chapter may agree to enter into a confidential consent agreement with the board for participation in a program established pursuant to this section if the licensee either:

1. Voluntarily reports that disorder to the board.

2. Is reported to the board by a peer review committee, hospital medical staff member, health plan or other health care practitioner or health care entity.

C. The board may contract with a private organization to operate a program established pursuant to this section. The contract shall require that the private organization do all of the following:

1. Periodically report to the board regarding treatment program activity.

2. Release all treatment records to the board on demand.

3. Immediately report to the board the name of a licensee who the treating organization believes is incapable of safely practicing medicine or performing health care tasks.

D. An evaluator, teacher, supervisor or volunteer in a program established pursuant to this section who acts in good faith within the scope of that program is not subject to civil liability, including malpractice liability, for the actions of a licensee who is participating in the program pursuant to this section.