Iowa Admin. Code r. 641-193.5 - Terms of participation in the impaired practitioner recovery program
A participant is responsible for complying with the terms of
participation established in the
(1)
Duration.
Length of participation in the program may vary depending upon the review of
all relevant information and the nature of the impairment .
(2)
Noncompliance.
Participants are responsible for notifying the committee of any instance of
noncompliance. Notification of noncompliance made to the committee by the
participant, a monitoring provider, or another party may result in notice to
the board for its consideration of disciplinary action.
a.
First instance. After a
first instance of significant noncompliance, including a relapse, the committee
may give notice to the board identifying the participant by number, describing
the relevant terms of the participant's contract and the noncompliance, and
including the committee 's recommendation for continued participation in the
program.
b.
Second
instance. After a second instance of significant noncompliance,
including a relapse, the committee may refer the case and the participant's
identity to the board . In its referral, the committee may make recommendations
as to continued participation in the program.
c.
Referral at any time. The
committee may make a referral to the board for noncompliance that identifies
the participant by name at any time the circumstances warrant such a
referral.
(3)
Practice limitations. The committee may impose limitations on
a participant's practice as a term of the contract until such time as the
committee receives a report from an approved evaluator that the licensee is
capable of practicing with reasonable safety and skill. Participation in the
program is conditioned upon participants agreeing to limit practice as
requested by the committee and established in accordance with the terms
specified in the contract . If a participant refuses to agree to or comply with
the limitations established in the initial agreement or contract , the committee
will refer the licensee to the board for appropriate action.
(4)
Staff discretion. Staff,
in consultation with legal counsel, may provide guidance and direction to
participants between regularly scheduled committee meetings, including program
descriptions, interim limitations on practice, and negotiation and execution of
initial agreements and contracts on behalf of the committee . The committee
retains authority to review all interim decisions at its discretion. Staff may
consult with the committee chairperson or medical director if needed.
Notes
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