N.J. Admin. Code § 13:35-11.3

Current through Register Vol. 56, No. 16, August 19, 2024

Section 13:35-11.3 - Duties of an approved professional assistance program

(a) An approved professional assistance program shall:

1. Promptly conduct appropriate inquiry with regard to every referral received to determine whether the information indicating licensee impairment is sufficiently reliable to warrant further review;

2. Make an initial report to the IRC concerning every referral which suggests that a licensee has a chemical dependency or any other impairment within 30 days of receipt of a referral. That report shall indicate the licensee's code number and sufficient information concerning the suspected impairment and the nature of the practice for the IRC to conduct a meaningful review. The report shall address: the nature of the impairment; whether the licensee rendered or was expected to render patient care while impaired; whether patients were harmed either directly or indirectly by the licensee's conduct; whether the licensee has engaged in an activity which could render that licensee subject to criminal penalty including, but not limited to, the illegal distribution of controlled dangerous substances or sexual abuse of patients; and whether the licensee previously has undergone a rehabilitation program, and, if so, when that occurred, the nature and the duration of the prior treatment and the results thereof. The initial report shall also include recommendation to the IRC concerning a proposed plan of treatment; the services which will be provided by the sponsoring program; practice restrictions which should be imposed, if any; the monitoring regimen to be instituted, if any; the supervision and reporting to be required and by whom and the frequency of its periodic reports to the IRC. Alternatively, the PAP may recommend no further action be taken when, after inquiry, it is determined that there is insufficient information upon which to conclude that the licensee is suffering from a chemical dependency or any other impairment;

3. Conduct such supplemental inquiry as may be directed by the IRC and may request of the IRC that further investigation be conducted by staff, investigative personnel or the Attorney General, if appropriate;

4. Prepare a letter agreement, including a plan for recovery relating to each referral, setting forth the participant's obligations and memorializing his or her consent to the release of all pertinent medical, psychiatric or personnel records to the IRC should such documents become necessary as part of its review, as well as the licensee's consent to provide the notice to the IRC of all events as set forth in (a)7 below and notice to comparable PAPs or licensing boards as set forth in (a)8 below;

5. Secure from each participant his or her signature on both the summary report and a letter agreement, maintain the original of both in a secure place and provide a coded copy, without identifying information, to the IRC;

6. Immediately report to the IRC and disclose the identity of the participating licensee if that licensee:

i. Has not complied with the terms of the letter agreement or the plan as set forth in the summary report;

ii. Has been the subject of a urine or blood test report which is positive for the presence of a substance not appropriately prescribed for a legitimate documented reason;

iii. Has otherwise demonstrated a relapse or impairment;

iv. Has engaged in deceptive behavior (including, but not limited to, an attempt to invalidate a drug screen, substitute a specimen, present a fraudulent attendance record);

v. Has suffered an exacerbation of a condition rendering the licensee incapable of practicing with requisite skill and safety; or

vi. Has had a change of status (including, but not limited to, the initiation of a disciplinary proceeding at a health care facility, an arrest or a disappearance);

7. Provide notice of program participation to comparable professional assistance programs in other jurisdictions if the licensee should elect to leave this State or should apply for initial licensure in another state, if such programs exist. If the jurisdiction to which the licensee is planning to move does not have a professional assistance program which has an arrangement with the licensing board in that jurisdiction, the PAP shall provide notice directly to the licensing board. A copy of such notice shall be provided to the IRC; and

8. Prepare periodic reports as to the progress of all of the participants which it is sponsoring, pursuant to a schedule as established by the IRC, and, as appropriate, coordinate the submission of any other documentation directed.

N.J. Admin. Code § 13:35-11.3