§ 59-518.1. Allied Professional Peer Assistance Program – Committees - Records.

A.  There is hereby established the Allied Professional Peer Assistance Program to rehabilitate allied medical professionals whose competency may be compromised because of the abuse of drugs or alcohol, so that such allied medical professionals can be treated and can return to or continue the practice of allied medical practice in a manner which will benefit the public.  The program shall be under the supervision and control of the State Board of Medical Licensure and Supervision.

B.  The Board may appoint one or more peer assistance evaluation advisory committees, hereinafter called the "allied peer assistance committees".  Each of these committees shall be composed of members, the majority of which shall be licensed allied medical professionals with expertise in chemical dependency.  The allied peer assistance committees shall function under the authority of the State Board of Medical Licensure and Supervision in accordance with the rules of the Board.  The program may be one hundred percent (100%) outsourced to professional groups specialized in this arena.  The committee members shall serve without pay, but may be reimbursed for the expenses incurred in the discharge of their official duties in accordance with the State Travel Reimbursement Act.

C.  The Board may appoint and employ a qualified person or persons to serve as program coordinators and shall fix such person's compensation.  The Board shall define the duties of the program coordinators who shall report directly to the Board.

D.  The Board is authorized to adopt and revise rules, not inconsistent with the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, as may be necessary to enable it to carry into effect the provisions of this section.

E.  A portion of licensing fees for each allied profession, not to exceed Ten Dollars ($10.00), may be used to implement and maintain the Allied Professional Peer Assistance Program.

F.  All monies paid pursuant to subsection E of this section shall be deposited in an agency special account revolving fund under the State Board of Medical Licensure and Supervision, and shall be used for the general operating expenses of the Allied Professional Peer Assistance Program, including payment of personal services.

G.  Records and management information system of the professionals enrolled in the Allied Professional Peer Assistance Program and reports shall be maintained in the program office in a place separate and apart from the records of the Board.  The records shall be made public only by subpoena and court order; provided however, confidential treatment shall be cancelled upon default by the professional in complying with the requirements of the program.

H.  Any person making a report to the Board or to an allied peer assistance committee regarding a professional suspected of practicing allied medical practice while habitually intemperate or addicted to the use of habit-forming drugs, or a professional's progress or lack of progress in rehabilitation, shall be immune from any civil or criminal action resulting from such reports, provided such reports are made in good faith.

I.  A professional's participation in the Allied Professional Peer Assistance Program in no way precludes additional proceedings by the Board for acts or omissions of acts not specifically related to the circumstances resulting in the professional's entry into the program.  However, in the event the professional defaults from the program, the Board may discipline the professional for those acts which led to the professional entering the program.

J.  The Executive Director of the Board shall suspend the license immediately upon notification that the licensee has defaulted from the Allied Professional Peer Assistance Program, and shall assign a hearing date for the matter to be presented to the Board.

K.  All treatment information, whether or not recorded, and all communications between a professional and therapist are both privileged and confidential.  In addition, the identity of all persons who have received or are receiving treatment services shall be considered confidential and privileged.

L.  As used in this section, unless the context otherwise requires:

1.  "Board" means the State Board of Medical Licensure and Supervision; and

2.  "Allied peer assistance committee" means the peer assistance evaluation advisory committee created in this section, which is appointed by the State Board of Medical Licensure and Supervision to carry out specified duties.

Added by Laws 2009, c. 261, § 3, eff. July 1, 2009.