§ 14-5A-18. Report of disciplinary action; penalties.

   (a) Reporting requirement. -- Except as provided in subsections (b) and (d) of this section, hospitals, related institutions, alternative health systems as defined in § 1-401 of this article, and employers shall file with the Board a report that the hospital, related institution, alternative health system, or employer limited, reduced, otherwise changed, or terminated any licensed respiratory care practitioner for any reasons that might be grounds for disciplinary action under § 14-5A-17 of this subtitle.

(b) Exceptions for persons in treatment programs. -- A hospital, related institution, alternative health system, or employer that has reason to know that a licensed respiratory care practitioner has committed an action or has a condition that might be grounds for reprimand or probation of the licensed respiratory care practitioner or suspension or revocation of the license because the licensed respiratory care practitioner is alcohol impaired or drug impaired is not required to report the practitioner to the Board if:

   (1) The hospital, related institution, alternative health system, or employer knows that the licensed respiratory care practitioner is:

      (i) In an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Healthcare Organizations or is certified by the Department; or

      (ii) Under the care of a health care practitioner who is competent and capable of dealing with alcoholism and drug abuse;

   (2) The hospital, related institution, alternative health system, or employer is able to verify that the licensed respiratory care practitioner remains in the treatment program until discharge; and

   (3) The action or condition of the licensed respiratory care practitioner has not caused injury to any person while the practitioner is practicing as a licensed respiratory care practitioner.

(c) Notification of intent to enter treatment program; compliance with policies and procedures. --

   (1) If the licensed respiratory care practitioner enters, or is considering entering, an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Healthcare Organizations or that is certified by the Department, the licensed respiratory care practitioner shall notify the hospital, related institution, alternative health system, or employer of the licensed respiratory care practitioner's decision to enter the treatment program.

   (2) If the licensed respiratory care practitioner fails to provide the notice required under paragraph (1) of this subsection, and the hospital, related institution, alternative health system, or employer learns that the licensed respiratory care practitioner has entered a treatment program, the hospital, related institution, alternative health system, or employer shall report to the Board that the licensed respiratory care practitioner has entered a treatment program and has failed to provide the required notice.

   (3) If the licensed respiratory care practitioner is found to be noncompliant with the treatment program's policies and procedures while in the treatment program, the treatment program shall notify the hospital, related institution, alternative health system, or employer of the licensed respiratory care practitioner's noncompliance.

   (4) On receipt of the notification required under paragraph (3) of this subsection, the hospital, related institution, alternative health system, or employer of the licensed respiratory care practitioner shall report the licensed respiratory care practitioner's noncompliance to the Board.

(d) Confidentiality. -- A person is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of alcohol and drug abuse patient records.

(e) Report to be submitted within 10 days of action. -- The hospital, related institution, alternative health system, or employer shall submit the report within 10 days of any action described in this section.

(f) A report made under this section is not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.

(g) Penalties. --

   (1) The Board may impose a civil penalty of up to $ 1,000 for failure to report under this section.

   (2) The Board shall remit any penalty collected under this subsection into the General Fund of the State.

HISTORY: 2001, ch. 479; 2002, ch. 19, § 9; 2007, ch. 539; 2009, ch. 60, § 5; 2013, ch. 401.