KRS 327.045: Impaired physical therapy practitioners committee -- Purposes --

Assessments to support functions -- Immunity of members -- Privileged

information -- Annual report.

(1) The board shall establish an impaired physical therapy practitioners comm ittee to

promote the early identification, intervention, treatment, and rehabilitation of

physical therapists and physical therapist assistants who may be impaired by reason

of illness or of alcohol or drug abuse, or as a result of any physical or mental

condition.

(2) The board may enter into a contractual agreement with a nonprofit corporation,

physical therapy professional organization, or similar organization for the purpose

of creating, supporting, and maintaining an impaired physical therapy practitio ners

committee.

(3) The board may promulgate administrative regulations in accordance with KRS

Chapter 13A to effectuate and implement a committee formed by the provisions of

this section.

(4) The board shall collect an assessment fee per licensee, payable to the board, to be

added to each licensure renewal application fee. Proceeds from the assessment shall

be expended on the operation of an impaired physical therapy practitioners

committee formed by the provisions of this section. The fee shall be set by the

promulgation of administrative regulations.

(5) Members of an impaired physical therapy practitioners committee, any

administrator, staff member, consultant, agent, volunteer, or employee of the

committee acting within the scope of their duties and wit hout 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 or damages as a result of any

statement, decision, opinion, investigation, or action taken by the c ommittee or by

an individual member of the committee.

(6) All information, interviews, reports, statements, memoranda, or other documents

furnished to or produced by the impaired physical therapy practitioners committee,

all communication to or from the co mmittee, and all proceedings, findings, and

conclusions of the committee, including those relating to intervention, treatment, or

rehabilitation, which in any way pertain or refer to a physical therapist or physical

therapist assistant who is or may be impaired, shall be privileged and confidential.

(7) All records and proceedings of the committee that pertain or refer to a licensee who

may be, or actually is, impaired shall be privileged and confidential and shall be

used by the committee and its members o nly in the exercise of the proper function

of the committee and shall not be considered public records and shall not 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 (8) of this

section.

(8) The committee may disclose information relative to an impaired physical therapist

or physical therapist assistant only when:

(a) It is essential to disclose the information to persons or organizations needing

the information in order to address the intervention, treatment, or

rehabilitation needs of the impaired practitioner;

(b) Its release is authorized in writing by the impaired physical therapist or

physical therapist assistant; or

(c) The information is subject to court order or the disclosure is otherwise

authorized by law.

(9) The impaired physical therapy practitioners committee shall make an annual report

to the board.