Current through Register Vol. XXXIX, No. 11, March 18, 2022
information, interviews, reports, statements, memoranda, or other documents
furnished to or produced by the program, all communications to or from the
program, and all proceedings, findings, and conclusions of the program,
including those relating to intervention, treatment, or rehabilitation, that in
any way pertain to or refer to a person participating in a dental recovery
network are privileged and confidential.
12.2. All records and proceedings of the
program that pertain or refer to a person participating in a dental recovery
network shall be privileged and confidential, used by the program and its
members only in the exercise of the proper function of the program, not be
considered public records, and not be subject to court subpoena, discovery, or
introduction as evidence in any civil, criminal, or administrative proceedings,
except as provided in subsection 10.1 of this rule.
The program may only disclose the
information relative to an impaired licensee if:
12.3.1. 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
12.3.2. the release is
authorized in writing by the impaired licensee; or
12.3.3. the program is required to make a
report to the board pursuant to subsection 10.1 of this rule.