327.045 Impaired physical therapy practitioners committee -- Purposes -- Assessments to support functions -- Immunity of members -- Privileged information -- Annual report

327.045 Impaired physical therapy practitioners committee -- Purposes --

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.