47-848. Same; board agreement with committee; responsibilities; evaluations; restricted license; immunity from civil liability for report or investigation; diagnostic examination.
47-848
47-848. Same; board agreement with committee; responsibilities;evaluations; restricted license; immunity from civil liability for reportor investigation; diagnostic examination.(a) The board may refer reports under K.S.A.47-847, andamendments thereto, and other reports or complaints filed with such boardwhich relate to impaired veterinarians to an impaired veterinariancommittee of the appropriate state professional society or organization.
(b) The board shall have the authority to enter into an agreement withthe impaired veterinarian committee of the appropriate state professionalsociety or organization to undertake those functions and responsibilitiesspecified in the agreement and to provide for payment therefor from moneysappropriated to the agency for that purpose. Such functions andresponsibilities may include any or all of the following:
(1) Contracting with providers of treatment programs;
(2) receiving and evaluating reports of suspected impairment from anysource;
(3) intervening in cases of verified impairment;
(4) referring impaired veterinarians to treatment programs;
(5) monitoring the treatment and rehabilitation of impaired veterinarians;
(6) providing posttreatment monitoring and support of rehabilitatedimpaired veterinarians; and
(7) performing such other activities as agreed upon by the board and theimpaired veterinarian committee.
(c) The impaired veterinarian committee shall develop procedures inconsultation with the board for:
(1) Periodic reporting of statistical information regarding impairedveterinarian program activity;
(2) periodic disclosure and joint review of such information as theboard considers appropriate regarding reports received, contacts orinvestigations made and the disposition of each report;
(3) immediate reporting to the board of the name and results of anycontact or investigation regarding any impaired veterinarian who isbelieved to constitute an imminent danger to the public or to self;
(4) reporting to the board, in a timely fashion, any impairedveterinarian who refuses to cooperate with the impaired veterinariancommittee or refuses to submit to treatment, or whose impairment is notsubstantially alleviated through treatment, and who in the opinion of thecommittee exhibits professional incompetence; and
(5) informing each participant of the impaired veterinarian committee ofthe procedures, the responsibilities of participants and the possibleconsequences of noncompliance.
(d) If the board has reasonable cause to believe that a veterinarian isimpaired, the board may cause an evaluation of such veterinarian to beconducted by the impaired veterinarian committee or its designee for thepurpose of determining if there is an impairment. The impaired veterinariancommittee or its designee shall report the findings of its evaluation to the board.
(e) An impaired veterinarian may submit a written request to the boardfor a restriction of such veterinarian's license. The board may grant suchrequest for restriction and shall have authority to attach conditions tothe licensure of the veterinarian to practice within specified limitations.Removal of a voluntary restriction on licensure to practice shall besubject to the statutory procedure for reinstatement of license.
(f) Notwithstanding any other provision of law, a state professionalsociety or organization and the members thereof shall not be liable to anyperson for any acts, omissions or recommendations made in good faith whileacting within the scope of the responsibilities imposed pursuant to thissection.
(g) Requiring the licensee to submit to a complete diagnostic examinationby one or more physicians appointed by the board. If the board requires alicensee to submit to such an examination, the board shall receive and considerany other report of a complete diagnostic examination given by one or morephysicians of the licensee's choice.
History: L. 1989, ch. 155, § 3;L. 1993, ch. 129, § 18; July 1.