N.D. Cent. Code § 43-17.3-03
43-17.3-03. Physician health program requirements
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.