# Title 43 — Occupations and Professions

## Chapter 43-17.3 — Physician Health Program

### § 43-17.3-01. Definitions.

As used in this chapter:
1. "Board" means the North Dakota board of medicine.
2. "Committee or designated agency" means a committee or delegated agency of the
physician health program which is composed of physicians and other professionals
who have expertise in the areas of alcoholism, drug abuse, or mental illness and which
is designated by the physician health program to perform any or all of the activities set
forth in section 43-17.3-02 pursuant to agreement with the board.
3. "Impairment" means the presence of any physical, mental, or behavioral disorder or
pattern of alcohol or substance use which interferes with a licensee's ability to engage
safely in professional activities.
4. "Licensee" means a physician or other health professional under the jurisdiction of the
board, and includes an applicant for licensure or regulation by the board and former
licensees of the board.
5. "Participant" means an individual enrolled in the physician health program.
6. "Physician health program" or "program" means a board-sanctioned program for the
detection, intervention, and monitoring of licensees with conditions that could result in
impairment.
7. "Student" means an individual studying under a medical doctor program or physician
assistant program in this state.
8. "Treatment plan" means a plan of care, rehabilitation, monitoring and maintenance,
followup, or aftercare services or combination of any of these services provided by an
organization or by an individual authorized by the board or the physician health
program to provide such services for a licensee taking part in the physician health
program.
### § 43-17.3-02. Physician health program.

1. The board may enter an agreement with the physician health program for the program
to undertake those functions and responsibilities specified in the agreement. The
functions and responsibilities of the agreement may include any or all of the following:
a. Contracting with agencies or providers of diagnostic, monitoring, or treatment
services;
b. Receiving and evaluating reports of licensees or students who may be
experiencing potentially impairing conditions;
c. Intervening in cases in which a licensee or student is determined to be in need of
treatment;
d. Referring licensees or students to appropriate services;
e. Monitoring the treatment and aftercare services provided to licensees or students;
f. Educating licensees, students, and the public about the functions of the program
and the program's relationship to the board; and
g. Performing other activities as agreed upon by the board and the physician health
program.
2. The board may participate, through its licensing fees or other specified funds, in the
funding of the physician health program.
### § 43-17.3-03. Physician health program requirements.

In consultation with the board, the physician health program shall develop procedures for:
1. Periodic reporting of statistical information regarding physician health program activity.
2. Periodic disclosure and joint review of information the board deems appropriate
regarding reports received, contacts of investigations made, and the disposition of
each case. Except as expressly provided under this chapter, the physician health

program may not disclose any personally identifiable information about participants
other than board-ordered participants.
3. Immediate reporting to the board or governing institution the identity and results of any
contact or investigation concerning an impaired licensee or student who is believed to
constitute an imminent danger to the public or to the individual.
4. Reporting a licensee to the board, or student to the appropriate governing institute, in
a timely fashion, the identity and results of any contact or investigation concerning a
potentially impaired participant:
a. Who refuses to cooperate with the program;
b. Who refuses to submit to evaluation or treatment;
c. Who is not in compliance with a contractual treatment plan; or
d. Whose possible impairment is not substantially alleviated through treatment and:
(1) Who the program determines is unable to practice professionally with
reasonable skill and safety by reason of illness related to the abuse of
alcohol or other substances or as a result of any physical or mental
condition; or
(2) Who may pose a threat to the health or safety of any individual.
5. Reporting to the board, in a timely fashion, the identity of any licensee participant
regarding whom the program learns of the filing of any disciplinary charges or actions
or violations of chapter 43-17.
6. Entering contractual agreements with each participant in the program which make
clear the program procedures, the responsibilities of program participants, and the
consequences of noncompliance with the program or with contractual agreements,
including the program's reporting obligations to the board.
7. A policy by which a participant may obtain a second opinion review of
recommendations by the program regarding assessment, monitoring, or treatment.
### § 43-17.3-04. Evaluation.

If the board determines a licensee currently exhibits possible impairment, the board may
direct that an evaluation of the licensee be facilitated by the physician health program or by the
committee or designated agency for the purpose of determining whether there is a current need
for treatment or monitoring of the licensee to assure the licensee is able to practice safely. The
physician health program shall report the findings of this evaluation to the board.
### § 43-17.3-05. Self-reporting and self-referral.

1. A licensee or student may voluntarily self-refer or self-report to the physician health
program or the board for a potentially impairing condition.
2. A licensee:
a. Who under this section voluntarily seeks the assistance of the physician health
program in assessing or dealing with a condition that could possibly lead to
impairment will not be reported to the board solely on the basis of this
self-referral. However, if a licensee who self-refers or self-reports refuses
evaluation by the program; if the evaluation reveals evidence of a condition or
impairment that could affect the licensee's ability to practice or constitutes a
threat to the safety of patients or the public; or the licensee refuses to cooperate
with the treatment plan, monitoring and followup, or aftercare devised by the
program, including any recommendation about current continuation in practice,
the program shall report the identity and findings of the evaluation of the licensee
to the board. Participation in the program does not protect a licensee from board
action resulting from a report of the licensee's possible violations of chapter
43-17.
b. Who self-reports or self-refers to the board for a potentially impairing condition
may be referred by the board to the physician health program in the manner
prescribed by board policies, and subsequent reporting by the program to the
board will be at the discretion and in the manner prescribed by the board.

c. Who is participating in or who has completed a contract for treatment with and
has been discharged from the physician health program, who is in full compliance
with all facets of the treatment plan or has completed treatment and is compliant
with aftercare, may answer in the negative on any question on the application to
the board for licensure or licensure renewal regarding current impairment by that
condition or those conditions for which the licensee is currently participating in or
has been discharged from the physician health program. However, any
recurrence of the impairing condition or conditions or the existence of other
potentially impairing conditions that are not currently known to the physician
health program must be reported on the application.
### § 43-17.3-06. Mandated reporting.

A report by a health professional, including a self-report or self-referral by a licensee to the
physician health program, must be deemed to be a report to the board for the purposes of
mandated reporting of physician impairment.
### § 43-17.3-07. Confidentiality of records.

1. Notwithstanding section 44-04-18, except as otherwise provided in this chapter, all
physician health program records containing identifying information about a licensee
participant are confidential and may not be disclosed:
a. To any third person, unless disclosure is reasonably necessary for the
accomplishment of the purposes of intervention, rehabilitation, referral
assistance, or support services; or
b. In any legal or administrative proceeding, unless privilege or disclosure is
otherwise required by law, requested by the board for formal disciplinary action,
or regarding participant noncompliance with the program.
2. Except as provided under this section, a staff member handling records for
administrative purposes; a person engaged by the program to perform evaluations,
monitoring, or followup; and a person in attendance at any meeting of a physician
health program or of a committee or designated agency may not be required to testify
as to the content of any findings, committee discussion, or proceedings, unless
requested by the board for a disciplinary proceeding or regarding participant
noncompliance with the program.
### § 43-17.3-08. Liability.

1. Notwithstanding any other provision of law, the board, the physician health program,
committee or designated agency, or delegated individuals and members of any of
these entities are not liable to any person for any acts, omissions, or recommendations
made in good faith within the scope of responsibilities pursuant to this chapter.
2. A person that in good faith and without malice which makes a report to the physician
health program or the board under this section is not liable to any person for that
report.
