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.
After the osteopathic physician and surgeon diversion evaluation committee and the program manager determine that a participant has been rehabilitated and the program is completed, the committee shall purge and destroy all records pertaining to the participation in a treatment program. All board and committee records and records of proceedings about the treatment of a program participant shall be confidential and are not subject to discovery or subpoena except in the case of any criminal proceeding.
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.
