All committee and diversion evaluation committee records and records of proceedings pertaining to the treatment of a licensee in a program shall be kept confidential and are not subject to discovery or subpoena. Exception: in the case of disciplinary or criminal proceedings of a licensee who withdraws or is terminated from the program and presents a threat to the public's health and safety, the committee may use diversion treatment records as authorized.
All participants shall sign an agreement of understanding that withdrawal or termination from the diversion program at a time when a diversion evaluation committee determines the licentiate presents a threat to the public's health and safety shall result in the utilization by the Osteopathic Medical Board of diversion treatment records in disciplinary or criminal proceedings.
Each osteopathic physician and surgeon diversion evaluation committee has the duty to receive and review information concerning participants in the program.
Each physical therapy diversion evaluation committee has the duty to receive and review information concerning physical therapists and physical therapist assistants participating in the program.
To participate in an alcohol/narcotics diversion program, a licensed physical therapist must (among other requirements) provide medical information, disclosure authorizations, and releases of liability.
All Board of Registered Nursing and nursing diversion committee records and records of a proceeding pertaining to the participation of a registered nurse in the diversion program shall be kept confidential and are not subject to discovery or subpoena. However, such records are subject to discovery or subpoena if the registered nurse presents a threat to the public or his or her own health and safety, or has waived his or her rights to confidentiality.
All registered nurses shall sign an agreement of understanding that the withdrawal or termination from the diversion program at a time when the program manager or diversion evaluation committee determines the licentiate presents a threat to the public's health and safety shall result in the board’s use of diversion treatment records in disciplinary or criminal proceedings.
Each physician assistants diversion committee has the duty to receive and review information concerning physician assistants participating in the program.
To participate in the physician assistants’ diversion program, the applicant must, among other requirements, provide medical information and disclosure authorizations.
