65-4924. Reports relating to impaired providers; procedures.
65-4924
65-4924. Reports relating to impaired providers; procedures.(a) If a report to a state licensing agency pursuant tosubsection (a)(1) or (2) of K.S.A. 65-4923 or any other report or complaintfiled with such agency relates to a health care provider's inability topractice the provider's profession with reasonable skill and safety due tophysical or mental disabilities, including deterioration through the agingprocess, loss of motor skill or abuse of drugs or alcohol, the agency mayrefer the matter to an impaired provider committee of the appropriate stateor county professional society or organization.
(b) The state licensing agency shall have the authority to enter into anagreement with the impaired provider committee of the appropriate state orcounty professional society or organization to undertake those functionsand responsibilities specified in the agreement and to provide for paymenttherefor from moneys appropriated to the agency for that purpose. Suchfunctions 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 any source;
(3) intervening in cases of verified impairment;
(4) referring impaired providers to treatment programs;
(5) monitoring the treatment and rehabilitation of impaired health care providers;
(6) providing posttreatment monitoring and support of rehabilitatedimpaired health care providers; and
(7) performing such other activities as agreed upon by the licensingagency and the impaired provider committee.
(c) The impaired provider committee shall develop procedures in consultation withthe licensing agency for:
(1) Periodic reporting of statistical information regarding impairedprovider program activity;
(2) periodic disclosure and joint review of such information as thelicensing agency considers appropriate regarding reports received, contactsor investigations made and the disposition of each report;
(3) immediate reporting to the licensing agency of the name and resultsof any contact or investigation regarding any impaired provider who isbelieved to constitute an imminent danger to the public or to self;
(4) reporting to the licensing agency, in a timely fashion, any impairedprovider who refuses to cooperate with the committee or refuses to submitto treatment, or whose impairment is not substantially alleviated throughtreatment, and who in the opinion of the committee exhibits professional incompetence; and
(5) informing each participant of the impaired provider committee of theprocedures, the responsibilities of participants and the possibleconsequences of noncompliance.
(d) If the licensing agency has reasonable cause to believe that ahealth care provider is impaired, the licensing agency may cause anevaluation of such health care provider to be conducted by the impaired providercommittee or its designee for the purpose of determining if there is animpairment. The impairedprovider committee or its designee shall report the findings of itsevaluation to the licensing agency.
(e) An impaired health care provider may submit a written request to thelicensing agency for a restriction of the provider's license. The agencymay grant such request for restriction and shall have authority to attachconditions to the licensure of the provider to practice within specifiedlimitations. Removal of a voluntary restriction on licensure to practiceshall be subject to the statutory procedure for reinstatement of license.
(f) A report to the impaired provider committee shall be deemed to be a report tothe licensing agency for the purposes of any mandated reporting of providerimpairment otherwise provided for by the law of this state.
(g) An impaired provider who is participating in, or has successfullycompleted, a treatment program pursuant to this section shall not be excludedfrom any medical care facility staff solely because of such participation.However, the medical care facility may consider any impairment indetermining the extent of privileges granted to a health care provider.
(h) Notwithstanding any other provision of law, a state or countyprofessional society or organization and the members thereof shall not beliable to any person for any acts,omissions or recommendations made in good faith while acting within thescope of the responsibilities imposed pursuant to this section.
History: L. 1986, ch. 229, § 5; July 1.