Business and Professions Code 3534.9 (1988; amended by SB 1441, 2008)

Summary:

If the examining committee contracts with any other entity to administer a diversion program for the rehabilitation of physician assistants impaired by drug/alcohol abuse, the executive officer of the examining committee or the program manager shall review the activities and performance of the contractor on a biennial basis. As part of this review, the examining committee shall review files of participants in the program. However, the names of participants who entered the program voluntarily shall remain confidential, except when the review reveals misdiagnosis, case mismanagement, or noncompliance by the participant.

Keywords:
alcohol and drug abuse, boards, business associate, health care provider, records review, medical disciplinary proceeding
Parties Bound: 
physician assistants diversion program examining committee; its executive officer; the program manager
Associated Federal Law(s): 
164.504(e)
Uses and disclosures: Organizational requirements : The covered entity must ensure that its business associates appropriately safeguard protected health information.
Associated Federal Law(s): 
42 CFR 2.13(a)
Confidentiality restrictions : General: patient records may be disclosed or used only as permitted by these regulations.
Associated Federal Law(s): 
42 CFR 2.53
Audit and evaluation activities :
Associated Federal Law(s): 
164.512(d)(1)(i)
Uses and disclosures for which an authorization or opportunity to agree or object is not required : for oversight of the health care system, including investigations, disciplinary actions
Associated Federal Law(s): 
164.506(a)
Uses and disclosures to carry out treatment, payment, or health care operations : Permitted uses and disclosures