KRS 313.130: Examination of licensee, certificate holder, or applicant by physician or

psychologist -- Temporary suspension -- Well-being Committee to promote

identification, treatment, and rehabilitation of impaired individuals --

Confidentiality of documents -- Limits on disclosure.

(1) If the Law Enforcement Committee has reasonable cause to believe any licensee or

certificate holder or any applicant for licensure or registration by examination,

reinstatement, credentials, or change of status is unable to p ractice with reasonable

skill or safety or has abused alcohol or drugs, it may require such person to submit

to a mental or physical examination by a physician or psychologist it designates.

Upon the failure of the person to submit to a mental or physical examination, unless

due to circumstances beyond the person's control, the Law Enforcement Committee

may initiate an action for immediate temporary suspension pursuant to this chapter

or deny the application until the person submits to the required examinat ion. The

Law Enforcement Committee may issue an immediate and temporary suspension

from the time of the examination until the hearing.

(2) Every licensee or certificate holder or applicant for licensure or registration by

examination, reinstatement, credentials, or change of status shall be deemed to have

given consent to submit to an examination when so directed in writing by the board.

The direction to submit to an examination shall contain the basis of the Office of

the Board's reasonable cause to believ e that the person is unable to practice with

reasonable skill or safety or has abused alcohol or drugs. The person shall be

deemed to have waived all objections to the admissibility of the examining

physician's or psychologist's testimony or examination re ports on the ground of

privileged communication.

(3) The licensee or certificate holder or applicant for licensure or registration by

examination, reinstatement, credentials, or change of status shall bear the cost of

any mental or physical examination ordered by the Office of the Board.

(4) The board shall establish a committee for individuals licensed or registered by the

board, to be designated as the Well -being Committee, to promote the early

identification, intervention, treatment, and rehabilitation o f individuals licensed or

registered who may be impaired by reasons of illness, alcohol or drug abuse, or as a

result of any physical or mental condition. The board may enter into contractual

agreements for the purpose of creating, supporting, and maintain ing the Well-being

Committee. The board may promulgate administrative regulations in accordance

with KRS Chapter 13A to effectuate and implement the committee and may expend

any funds it deems necessary to adequately provide for operational expenses of the

committee. Any member of the Well -being Committee, as well as any

administrator, staff member, consultant, agent, 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 of damages as a result of any statement, decision,

opinion, investigation, or action taken by the committee or by any individual

member of the committee.

(5) All i nformation, interviews, reports, statements, memoranda, or other documents

furnished to or produced by the Well -being Committee, as well as communications

to or from the committee, and any findings, conclusions, interventions, treatment,

rehabilitation, or other proceedings of the committee related to an individual

licensed or registered who may be, or who actually is, impaired shall be privileged

and confidential.

(6) All records and proceedings of the Well -being Committee which pertain or refer to

an individual licensed or registered who may be, or who 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 r ecords and shall 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 (4) of this section.

(7) The Well -being Committee may disclose inform ation relative to an impaired

licensee or certificate holder when:

(a) It is essential to disclose the information to further the intervention, treatment,

or rehabilitation needs of the impaired individual, and only to those persons or

organizations with a need to know;

(b) Its release is authorized in writing by the impaired individual;

(c) The committee is required to make a report to the board; or

(d) The information is subject to court order.

(8) Notwithstanding subsections (5) and (6) of this section, the board may publicly

disclose the basis of a disciplinary action provided that the board does not disclose

information furnished to or produced by the Well-being Committee.