Title of Regulation: 18VAC76-10. Regulations Governing the Health Practitioners' Intervention Program for the Department of Health Professions (amending 18VAC76-10-10 through 18VAC76-10-70; repealing 18VAC76-10-90).

Statutory Authority: § 54.1-2516 of the Code of Virginia.

Effective Date: July 1, 2009.

Agency Contact: Peggy Wood, Program Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4418, FAX (804) 527-4475, or email peggy.wood@dhp.virginia.gov.

Summary:

Consistent with Chapter 472 of the 2009 Acts of Assembly, in part, the title of the regulation is changed from Health Practitioners' Intervention Program to the Health Practitioners' Monitoring Program to more accurately reflect the intent and scope of the program. Other amendments include:

1. Changes in the organization of the committee to delete outdated language and allow more flexibility in scheduling meetings as necessary;

2. Changes in eligibility requirements to stipulate that a person must hold a current, active Virginia license, certification, registration, or multistate licensure privilege or be an applicant in order to focus program services on licensees who are or will be practicing in Virginia. The intent of the program is to monitor impaired practitioners to ensure that they are safe to engage in practice in Virginia. If a person does not hold a license (suspended, revoked, or lapsed), or if he is not currently practicing in Virginia, he will not be eligible for the program;

3. Changes to allow the committee to designate staff to perform some of its functions in order to expedite decisions and actions, so the duties of the committee can be more policy oriented and less involved in routine operations of the program; and

4. Changes to amend terminology that is outdated or inconsistent with the amended name of the program.

CHAPTER 10
REGULATIONS GOVERNING THE HEALTH PRACTITIONERS' INTERVENTION MONITORING PROGRAM FOR THE DEPARTMENT OF HEALTH PROFESSIONS

18VAC76-10-10. Definitions.

The words and terms used in this chapter shall have the definitions ascribed to them in § 54.1-2515 of the Code of Virginia or shall have the following meanings, unless the context clearly indicates otherwise:

"Committee" means the Intervention Health Practitioners' Monitoring Program Committee as defined in § 54.1-2515 of the Code of Virginia.

"Contractor" means an entity with whom the director has contracted for implementation and operation of intervention monitoring services.

"Director" means the Director of the Department of Health Professions.

"Program" means the Health Practitioners' Intervention Monitoring Program for the Virginia Department of Health Professions.

"Regulated" means a person who is or was licensed, certified, or registered or an applicant who is otherwise fully eligible for licensure, certification, or registration by a health regulatory board within the Virginia Department of Health Professions.

18VAC76-10-20. Organization of committee.

A. Except for the initial appointments, members Members shall be appointed for a term of four years and shall be eligible for reappointment for one additional four-year term. A member who is appointed to fill a vacancy for the remainder of an unexpired term shall be eligible for two full four-year terms. Terms of appointment shall begin on July 1 of each calendar year.

B. The initial appointees to the committee shall begin their terms on July 1, 1997, and shall be appointed as follows:

1. Two members shall serve for a term of one year, two members shall serve for a term of two years, and two members shall serve for a term of three years. All of the above shall be eligible for reappointment to two four-year terms.

2. One member shall serve for a term of four years and shall be eligible for reappointment to one four-year term.

C. B. Members of the committee shall not be current members of a health regulatory board within the department.

D. The committee shall elect a chairman and vice chairman for a one-year term ending June 30 of each calendar year.

E. C. The committee shall meet not less than once every two months and shall conduct all business according to Robert's Rules of Order schedule meetings as necessary to conduct its business. Four members shall constitute a quorum. The committee may adopt bylaws to govern its operations as it deems necessary to conduct its business and as consistent with law and regulations.

F. D. Except in the event of an emergency, any member who is unable to attend a scheduled meeting shall give notice to the program coordinator as soon as practical but no later than 48 hours prior to that scheduled meeting.

G. E. The director shall have the authority to remove a member and shall report such removal to the Board of Health Professions at its next scheduled meeting. Failure of any member to attend two successive meetings without reasonable excuse or failure to give notice as required in subsection F D of this section shall constitute grounds for removal.

H. F. By December 31 of each calendar year, each health regulatory board within the department shall designate, in accordance with § 54.1-2400 (8) of the Code of Virginia, a liaison to the committee for a term of one year. Likewise, each board shall select an alternate to serve in the absence of the liaison.

18VAC76-10-30. Eligibility.

A. Any In order to become eligible for the program and to maintain eligibility, an impaired practitioner regulated by the department shall be eligible for the program shall hold a current, active license, certification, a registration issued by a health regulatory board in Virginia or a multistate licensure privilege, with the exception that an applicant for initial licensure, certification, or registration or for reinstatement shall be eligible for participation for up to one year from the date of receipt of the application by a health regulatory board.

B. Individuals who are practicing exclusively outside of Virginia shall not participate in the program, except as may be required by specific board order or by permission between party states pursuant to the Nurse Licensure Compact (Article 6 (§ 54.1-3030 et seq.) of Chapter 30 of Title 54.1 of the Code of Virginia).

C. A practitioner who has been previously terminated for noncompliance from this or any other state-sponsored intervention monitoring program may be considered eligible at the discretion of the contractor committee or its designee.

B. D. For the purposes of eligibility for the program, impairment shall not include kleptomania, pyromania, transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, sexual behavioral disorders, homosexuality and bisexuality.

C. In order to become eligible for participation in the program, the E. The practitioner shall sign a participation contract with the committee. Failure to adhere to the terms of the contract may subject the practitioner to termination from the program.

D. Unless otherwise ordered by a regulatory board, a practitioner shall maintain a current license, certificate, or registration to remain eligible for participation in the program.

18VAC76-10-40. Eligibility for stayed disciplinary action.

A. The committee or its designee shall consult with the board liaison for the purpose of determining whether disciplinary action should shall be stayed. If it is determined that an applicant for the program is not eligible for a stay and evidence of a violation has been reported to the committee, the committee shall make a report of the violation to the Enforcement Division of the department. If found ineligible for stayed disciplinary action, the practitioner may remain eligible for participation in the program.

B. Prior to making a decision on stayed disciplinary action, the committee or its designee shall review any applicable notices or orders and shall consult with the Enforcement Division of the department on any pending investigations.

C. Disciplinary action may be initiated by the appropriate health regulatory board upon receipt of investigative information leading to a determination of probable cause that impairment constitutes a danger to patients or clients or upon a determination that the committee decision for stayed disciplinary action is not consistent with provisions for a stay pursuant to § 54.1-2516 C of the Code of Virginia.

18VAC76-10-50. Participation contract.

A. The participation contract between the committee and the practitioner shall include at least the following elements:

1. The treatment monitoring plan to be followed by the practitioner;

2. Any provisions for withdrawal from practice or limitations on the scope of practice;

3. Consequences of failure to comply with the treatment plan terms of the participation contract;

4. Any releases for seeking information or records related to the impairment from family, peers, medical personnel or employers;

5. A brief written history of the nature of the impairment; and

6. Any other terms or requirements as may be deemed necessary by the committee.

B. The participation contract shall specify that costs accruing to the individual practitioner, including but not limited to treatment and body fluid screens, shall not be the responsibility of the program.

18VAC76-10-60. Recovery contract.

The recovery contract between the committee and the practitioner may shall include but not be limited to the following:

1. Length of contract;

2. Type, frequency, and conditions of drug screens;

3. Type and frequency of self-help meetings;

4. Stipulations for self-reporting;

5. Quarterly reports from employers, peers, or peer assistance programs;

6. Conditions and terms for completion and release from the program; and

7. Any other terms or requirements as may be deemed necessary by the committee.

18VAC76-10-70. Procedures for consultation with liaisons of health regulatory boards.

A. The committee or its designee shall consult with the liaison of the relevant health regulatory board prior to making a determination on stayed disciplinary action; such consultation may include the following:

1. Eligibility of a practitioner for stayed disciplinary action;

2. The implications of the impairment on practice in the profession;

3. The circumstances of the impairment related to a possible violation of laws or regulation; or

4. Any other issues related to disciplinary action or the eligibility, treatment and recovery of a practitioner.

B. In its consultation with the board liaison, the committee shall not disclose the name of the practitioner.

18VAC76-10-90. Procedures for communication. (Repealed.)

Except as provided for in § 54.1-2518 of the Code of Virginia, no communication with an applicant or a participant in the program shall be initiated except through the contractor or through the committee.