All board and diversion evaluation committee records and records of proceedings pertaining to the treatment of a veterinarian or animal health technician in a rehabilitation program shall be kept confidential and are not subject to discovery or subpoena.
The Board of Behavioral Sciences may deny, suspend or revoke the license of a licensed educational psychologist if he or she has been guilty of unprofessional conduct. Unprofessional conduct includes failure to comply with child abuse reporting requirements, and elder and adult dependent abuse reporting requirements.
All participants shall sign an agreement of understanding that withdrawal or termination from the diversion program at a time when a diversion evaluation committee determines the licentiate presents a threat to the public's health and safety shall result in the utilization by the Osteopathic Medical Board of diversion treatment records in disciplinary or criminal proceedings.
After the osteopathic physician and surgeon diversion evaluation committee and the program manager determine that a participant has been rehabilitated and the program is completed, the committee shall purge and destroy all records pertaining to the participation in a treatment program. All board and committee records and records of proceedings about the treatment of a program participant shall be confidential and are not subject to discovery or subpoena except in the case of any criminal proceeding.
Each osteopathic physician and surgeon diversion evaluation committee has the duty to receive and review information concerning participants in the program.
Each physical therapy diversion evaluation committee has the duty to receive and review information concerning physical therapists and physical therapist assistants participating in the program.
To participate in an alcohol/narcotics diversion program, a licensed physical therapist must (among other requirements) provide medical information, disclosure authorizations, and releases of liability.
Whenever an applicant is denied participation in the alcohol/narcotics diversion program or a terminated for any reason other than the successful completion of the program, and it is determined that the continued practice of physical therapy by that individual creates too great a risk to the public health, safety, and welfare, that fact shall be reported to the executive officer of the board and all documents and information pertaining to and supporting that conclusion shall be provided to the executive officer.
If the program manager determines that a registered nurse, who is denied admission into the diversion program or terminated from the program, presents a threat to the public or his or her own health and safety, the program manager shall report the name and license number, along with a copy of all diversion records for that registered nurse, to the board's enforcement program. Accordingly, the board may use any of the records it receives under in any disciplinary proceeding.
All records pertaining to the registered nurse's participation in the diversion program must be purged after the nursing diversion program committee and the program manager have determined that a registered nurse has successfully completed the diversion program.
