327.045 Impaired physical therapy practitioners committee -- Purposes --
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/ky/327-045A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Assessments to support functions -- Immunity of members -- Privileged
information -- Annual report.
(1)The board shall establish an impaired physical therapy practitioners committee to
promote the early identification, intervention, treatment, and rehabilitation of
physical therapists and physical therapists' assistants who may be impaired by
reason of illness or of alcohol or drug abuse, or as a result of any physical or mental
condition.
(2)The board may enter into a contractual agreement with a nonprofit corporation,
physical therapy professional organization, or similar organization for the purpose
of creating, supporting, and maintaining an impaired physical therapy practitioners
committee.
(3)The board may promulgate administrative regulations in accordance with KRS
Chapter 13A to effectuate and implement a committee formed by the provisions of
this section.
(4)Beginning January 1, 2001, the board shall collect an assessment fee not to exceed
twenty dollars ($20) per licensee or certificate holder, payable to the board, to be
added to each licensure and certification renewal application fee. Proceeds from the
assessment shall be expended on the operation of an impaired physical therapy
practitioners committee formed by the provisions of this section. The fee shall be
set by the promulgation of administrative regulations.
(5)Members of an impaired physical therapy practitioners committee, any
administrator, staff member, consultant, agent, volunteer, or employee of the
committee acting within the scope of their duties and without actual malice, and all
other persons who furnish information to the committee in good faith and without
actual malice shall not be liable for any claim or damages as a result of any
statement, decision, opinion, investigation, or action taken by the committee or by
an individual member of the committee.
(6)All information, interviews, reports, statements, memoranda, or other documents
furnished to or produced by the impaired physical therapy practitioners committee,
all communication to or from the committee, and all proceedings, findings, and
conclusions of the committee, including those relating to intervention, treatment, or
rehabilitation, which in any way pertain or refer to a physical therapist or physical
therapist's assistant who is or may be impaired, shall be privileged and confidential.
(7)All records and proceedings of the committee that pertain or refer to a licensee or a
certificate holder who may be, or actually is, impaired shall be privileged and
confidential and shall be used by the committee and its members only in the
exercise of the proper function of the committee and shall not be considered public
records and shall not be subject to court subpoena and subject to discovery or
introduction as evidence in any civil, criminal, or administrative proceedings except
as described in subsection
(8)of this section.
(8)The committee may disclose information relative to an impaired physical therapist
or physical therapist's assistant only when:
(a)It is essential to disclose the information to persons or organizations needing
the information in order to address the intervention, treatment, or
rehabilitation needs of the impaired practitioner;
(b)Its release is authorized in writing by the impaired physical therapist or
physical therapist's assistant; or
(c)The information is subject to court order.
(9)The impaired physical therapy practitioners committee shall make an annual report
to the board.