Iowa Admin. Code r. 657-30.4 - Eligibility
(1)
Self-report . An applicant or a licensee shall self-report an
impairment or potential impairment directly to the program.
(2)
Board referral. The
board may refer an applicant or licensee to the program if a complaint or
investigation reveals an impairment or potential impairment and the board
determines that the applicant or licensee is an appropriate candidate for
review by the committee. The board may refer a licensee to the program in a
public disciplinary order or other public order.
(3)
Review by the committee .
The committee will determine on a case-by-case basis whether an applicant or
licensee who self-reports or is referred by the board is an appropriate
candidate for participation in the program. Several factors may lead to the
committee's determination that an applicant or licensee is ineligible to
participate in the program, including but not limited to if the committee finds
sufficient evidence that the applicant or licensee:
a. Diverted drugs for distribution to third
parties or for personal profit;
b.
Adulterated, misbranded, or otherwise tampered with drugs intended for a
patient;
c. Provided inaccurate,
misleading, or fraudulent information or failed to fully cooperate with the
committee ;
d. Participated in the
program , or a similar program offered by another state, without success;
or
e. Failed to sign an initial
agreement or a contract when offered by the committee .
(4)
Discretion. Eligibility
of a person to participate in the program is at the sole discretion of the
committee . No person is entitled to participate in the program.
(5)
Authority and
jurisdiction. Participation in the program does not divest the board
of its authority or jurisdiction over the participant. A participant with an
impairment or potential impairment may be eligible to participate in the
program while being subject to investigation or discipline by the board for
matters other than the alleged impairment.
Notes
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