W. Va. Code R. § 15-10-11

Current through Register Vol. XLI, No. 25, June 21, 2024

Section 15-10-11 - Reports of Cases of Impairment to the Board

11.1. A voluntary agreement entered into between the WVPRN and a licensee is not considered a disciplinary action or order by the Board, shall not be disclosed to the Board, and shall not be public information if:

11.1.a.The voluntary agreement is the result of the licensee or applicant self-enrolling or voluntarily participating in the WVPRN;

11.1.b. The Board has not received nor filed any written complaints regarding the licensee or applicant relating to an alcohol, chemical dependency or major mental illness affecting the care and treatment of patients; and

11.1.c. The licensee or applicant is in compliance with the voluntary treatment program and the conditions and procedures to monitor compliance.

11.2. If a licensee or applicant enters into a voluntary agreement with the WVPRN, and then fails to comply with or fulfill the terms of said agreement, the Executive Director shall report the noncompliance to the Board within twenty-four hours, so the Board may determine whether to initiate disciplinary proceedings.

11.3. If the board has not instituted a disciplinary proceeding, any information received, maintained or developed by the WVPRN relating to the alcohol or chemical dependency impairment or mental impairment of a licensee or applicant and the voluntary agreement shall be confidential and not available for public information, discovery or court subpoena, nor for introduction into evidence in any medical professional liability action or other action for damages arising out of the provision of or failure to provide health care services.

11.4. If WVPRN becomes aware that the licensee or applicant has diverted controlled substances to a person other than himself or herself, or the individual constitutes an immediate danger to the public or himself or herself, the WVPRN shall report this infraction to the board. In this case, the licensee is not protected by the program's confidentiality provisions or from disciplinary action by the Board.

W. Va. Code R. § 15-10-11