Section Med 407.03 - Standards for Approved Programs(a) Monitors, directors, and therapists involved in an approved program shall: (1) Be licensed or certified health care practitioners;(2) Fully disclose in writing any disciplinary action, including reprimand or restriction, taken against them by any licensing, certifying, or credentialing agency or professional society; and(3) Be readily accessible to the licensee.(b) An approved program shall not assign a monitor, director, or therapist to a licensee's case if there is any question of that person's objectivity, dependability, or commitment.(c) Disciplinary action shall disqualify a person from serving as a monitor, director, or therapist if the discipline involved conduct similar in nature to the issues being monitored and the discipline occurred within 5 years of the date he or she would provide services to the licensee under the auspices of the program.(d) An approved program shall require, to the maximum extent possible, that participating licensees make full disclosure of all relevant facts to the monitor, and provide the monitor with continuing, unrestricted access to the licensee's medical records and any other records of the licensee, except for patient records, relevant to the condition or conduct being addressed by the program.(e) An approved program shall employ written contracts which contain specific and objectively determinable requirements to be met by the participating licensees. The contract and any amendments or modifications thereto shall be signed by the licensee and the director.(f) An approved program which addresses a treatable or modifiable condition of a participating licensee shall employ a written contract which includes a detailed treatment or corrective action plan which: (1) Identifies the licensing requirements of treatment providers;(2) Specifies the frequency of treatment;(3) Requires reports to the board administrator from director(s) regarding relapse or other contract violations; and(4) Describes in detail if required urine screening or other physical monitoring is included in the plan, such monitoring provisions and the licensee's obligations thereunder.(g) An approved program shall employ written contract with participating licensees which requires the program to keep detailed records of the licensee's participation in all aspects of the program.(h) An approved program shall employ a written contract with participating licensees which require the program to inform the board immediately when he or she verifies that the licensee has not met any of the program requirements contained in his or her contract.(i) An approved program shall employ a written contract with participating licensees which authorizes the monitor to keep records concerning the licensee's participation in the program confidential unless they are released by the licensee, except in cases where the licensee has been reported to the board pursuant Med 407.03(h) for violating a requirement of the contract. In such cases, the monitor's records shall be made available to the board upon request and the monitor shall cooperate with the board in any disciplinary action undertaken by the board which relates to the condition or conduct addressed by the licensee's contract.(j) An approved program shall include no language in any contract with a licensee or make representations to any person which indicates: (1) The monitor is an agent of the board or is performing functions of the board;(2) Participation in the approved program will determine whether disciplinary action is taken by the board or the severity of such discipline; or(3) The board is financially or otherwise responsible for any aspect of the licensee's participation in the program.(k) An approved program may advertise its approved status and the fact that it is an appropriate vehicle for licensees who: (1) Have been directed to participate in such a program by a board disciplinary order or agreement; or(2) Wish to propose to the board that their participation in a monitoring program be considered by the board in disposing of pending or potential disciplinary allegations.N.H. Admin. Code § Med 407.03
#5402, eff 5-22-92; ss by #5690, eff 8-26-93; amd by #5838, eff 6-17-94; rpld by #6517, eff 5-30-97; ss by #7150, eff 12-7-99; ss by #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 400)
Amended by Volume XL Number 7, Filed February 13, 2020, Proposed by #12972, Effective 1/10/2020, Expires 1/10/2030