||Alabama Veterinary Professionals Wellness Committee (Article 5, 34-29-111 in Alabama Veterinary Practice Act)
||All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the Alabama Veterinary Professionals Wellness Committee and any findings, conclusions, recommendations or reports resulting from the investigations, interventions, treatment, or rehabilitation, or other proceedings of such committee are declared to be privileged and confidential (§ 34-29-111(f))|
||The Board may establish a plan for the treatment and rehabilitation of licensees or certificate holders who are impaired by alcohol or drug abuse.
The Board may contract with other private organizations to implement this plan (Article 1, §32-2209)
|Participants in the plan are either confidential or known. 1) Confidential participants are self-referred and may remain unidentified to the Board, subject to maintaining compliance with their non-disciplinary and confidential contract with the plan administrator.|
2) Known participants are under a Board order of discipline to complete a minimum tenure in the plan (§32-2209(E))
||Article 8: Alcohol and Drug Abuse Diversion Program for Veterinarians and Registered Veterinary Technicians (16 CA ADC § 2075).
||All Board, Diversion Committee and Program records relating to a veterinarian's or registered veterinary technician's application to the program shall be kept confidential…including all information provided by the applicant, or by an examining physician, to the program manager, a medical consultant, members of a diversion committee, or other employees of the Board in connection with the program (16 CA ADC § 2082(a)).|
||Veterinarian peer health assistance program
The Board is to provide assistance to veterinarians needing help in dealing with physical, emotional, or psychological conditions that may be detrimental to their ability to practice veterinary (§12-64-124(1)(b)).
|If the Board determines that a licensed veterinarian who submitted to an examination…is able to render limited services with reasonable skill and safety to patients and clients, the Board may enter into a confidential agreement with the licensed veterinarian in which the licensed veterinarian agrees to limit his or her practice based on the restrictions imposed by the illness, condition, or disorder, as determined by the Board (§12-64-126(1)(a)).|
||Voluntary Treatment Option
A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation (§10.4 of Delaware Regulations)
|Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress (§10.6.1 of Delaware Regulations)|
The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection (§10.7 of Delaware Regulations)
|District of Columbia
||As a condition for accepting the voluntary limitation of practice, the Board may require the licensee, registrant, or person certified to do 1 or more of the following:
(A) Accept care, counseling, or treatment by physicians or other health professionals acceptable to the Board;
(B) Participate in a program of education prescribed by the Board; and
(C) Practice under the direction of a health professional acceptable to the Board for a specified period of time (DC ST § 3-1205.18).
|All records, communications, and proceedings of the Board related to the voluntary limitation or surrender of a license, registration, or certification under this section shall be confidential (DC ST § 3-1205.18).|
||Veterinarians licensed under this chapter shall be governed by the treatment of impaired practitioner provisions of s. 456.076 as if they were under the jurisdiction of the Division of Medical Quality Assurance, except that for veterinarians the Department of Business and Professional Regulation shall, at its option, exercise any of the powers granted to the Department of Health by that section (West's F.S.A. § 474.221)
||The probable cause panel, or the department when there is no Board, shall work directly with the consultant, and all information concerning a practitioner obtained from the consultant by the panel, or the department when there is no Board, shall remain confidential and exempt from the provisions of s. 119.07(1), subject to the provisions of subsections (5) and (6). (West's F.S.A. § 456.076(4)(e))|
||There is nothing in the Georgia Veterinary Practice Act regarding wellness.
However, the Georgia Veterinary Medical Association has the following language in its by-laws: The Wellness Committee shall have the following objectives and duties: 1. To identify and verify veterinarians, family members or staff members who are impaired by reason of their addiction to or abuse of drugs including alcohol. 2. To persuade impaired veterinarians, family members or staff members to seek treatment voluntarily. 3. To assist veterinarians, family members or staff members through positive peer support to resume useful personal and professional productivity. 4. Assist with finding relief veterinarians as needed. 5. Undergo intervention training and assist professional interveners. 6. Monitor progress of treatment as agreed upon in the contract with the individual (Article X, Section 2)
||A veterinarian who has been determined by a qualified health care professional to be impaired shall enter into an agreement with the Division in which the veterinarian agrees to participate in a program designed to provide care and treatment specifically for health care professionals and which has been approved by the Division. The agreement may include, but not be limited to, the length of the program, the status of the licensee while in a treatment program, and a termination clause whereby both parties may terminate the agreement at any time (68 Ill. Adm. Code 1500.51(c))
||The contents of any report shall be strictly confidential and shall be exempt from public disclosure (68 Ill. Adm. Code 1500.51(e))|
||The Board shall assist in the rehabilitation of an impaired veterinary health care provider.
The Board may do the following: Enter into agreements, provide grants, and make other arrangements with statewide nonprofit professional associations, foundations, or other entities specifically devoted to the rehabilitation of impaired health care professionals to identify and assist impaired veterinary health care providers (IC 25-38.1-5-1(a)).
|Except as provided in section 3 of this chapter, all:|
(1) information furnished to a nonprofit professional association, foundation, or other entity specifically devoted to the rehabilitation of impaired health care professionals…and (2) findings, conclusions, or recommendations that result from a proceeding of the professional association, foundation, or other entity specifically devoted to the rehabilitation of impaired health care professionals; are privileged and confidential (IC 25-38.1-5-2(a)).
||There is nothing specific in the Iowa Veterinary Practice Act regarding wellness.
However, the Veterinary Practice Act allows the Board to have a licensee submit to a physical or mental examination by designated physician (I.C.A. § 169.13).
|The medical testimony or examination reports shall not be used against a veterinarian in another proceeding and are confidential except for other actions filed against a veterinarian to revoke or suspend that person's license (I.C.A. § 169.13).|
||The Board shall have the authority to enter into an agreement with the impaired veterinarian committee of the appropriate state professional society or organization to undertake those functions and responsibilities specified in the agreement and to provide for payment therefor from moneys appropriated to the agency for that purpose. The impaired veterinarian committee shall develop procedures in consultation with the Board (K.S.A. 47-848).
||The reports and records made … shall be confidential and privileged, including:|
(1) Reports and records of executive or review committees of a professional society or organization;
(2) reports and records of the Board or impaired veterinarian committee of a professional society or organization; and
(3) reports made pursuant to this act to or by any committee or any consultant (K.S.A. 47-849(a)).
||The Board shall have the authority to establish a veterinary wellness committee to undertake the functions and responsibilities of a veterinary wellness program (KRS § 321.237(1)).
||Other provisions of law notwithstanding, all Board and committee records pertaining to the veterinary wellness program shall be kept confidential (KRS § 321.237(2)).|
||Peer Assistance Program for Impaired Veterinarians: The purpose of the program is to identify and assist licensed veterinarians and paraprofessionals impaired by chemical dependency on drugs or alcohol or by mental illness and to establish a peer assistance program in conjunction with a state or national professional association and to report findings to the Louisiana Board of Veterinary Medicine (La. Admin Code. tit. 46, pt. LXXXV, § 901).
||There is nothing in the Maine Veterinary Practice Act regarding wellness.
However, the Maine Board of Veterinary Medicine takes part in the Maine Medical Professionals Health Program. This program is designed to provide monitoring and advocacy services to medical professionals struggling with addiction, substance abuse or mental health challenges (https://www.mainemed.com/member-services/medical-professionals-health-program).
|This confidential program can help physicians find treatment and other resources to facilitate continuation or return to safe practice (https://www.mainemed.com/member-services/medical-professionals-health-program).|
||There is nothing specific in the Maryland Veterinary Practice Act regarding wellness.
However, the Veterinary Practice Act allows the Board to have a licensee submit to a physical or mental examination by designated physician (MD Code, Agriculture, § 2-307.1).
|(c) The report or testimony of an examining physician or other person designated by the Board is confidential except as to contested case proceedings as defined by the Administrative Procedure Act (MD Code, Agriculture, § 2-307.1).|
||An impaired licensee may self-refer to a Board-approved supervised drug or alcohol counseling and testing program unless there is a complaint pending with the Board regarding that licensee… Following the filing of a complaint, as an alternative to discipline, the Board may, by means of a consent agreement, refer an impaired licensee to a supervised drug or alcohol counseling and testing program (256 CMR 6.04)
||There is nothing specific in the Michigan Veterinary Practice Act regarding wellness.
However, the State of Michigan has a Health Professional Recovery Committee that includes veterinarians. The purpose of this committee is to establish the general components of the health professional recovery program and a mechanism for monitoring health professionals who may be impaired (M.C.L.A. 333.16167).
|The identity of individual submitting information to the committee or the department regarding the suspected impairment of a health professional is confidential.|
(2) The identity of a health professional who participates in the health professional recovery program is confidential and is not subject to disclosure under discovery or subpoena or the freedom of information act… unless the health professional fails to satisfactorily participate in and complete a treatment plan prescribed under the health professional recovery program or violates section 16170(3).
(3) If a health professional successfully participates in and completes a treatment plan…the department shall destroy all records pertaining to the impairment of the health professional, including records pertaining to the health professional's participation in the treatment plan, upon the expiration of 5 years after the date of the committee's determination (M.C.L.A. 333.16170a).
||There is nothing specific in the Minnesota Veterinary Practice Act regarding wellness.
However, the Board has the authority to issue an order directing the regulated person to submit to a mental or physical examination or chemical dependency evaluation (M.S.A. § 156.125).
Additionally, the Minnesota Veterinary Medical Association does have a non-regulatory Wellness and Peer Assistance Committee (http://www.mvma.org/committees).
||The Board shall establish a program of care, counseling or treatment for impaired veterinarians.
The program of care, counseling or treatment shall include a written schedule of organized treatment, care, counseling, activities or education satisfactory to the Board designed for the purposes of restoring an impaired person to a condition whereby the impaired person can practice veterinary medicine with reasonable skill and safety of a sufficient degree to deliver competent patient care (Miss. Code Ann. § 73-39-79(1-2)).
|According to the state Board, if a veterinarian self-admits to the program set forth through the Board, he or she may remain anonymous to the Board as long as the person complies with the stipulations set forth by the program administrators.|
||There is nothing specific in the Nebraska Veterinary Practice Act regarding wellness.
However, the State of Nebraska has a Licensee Assistance Program, which includes veterinarians. Under this program, the Department may contract to provide a Licensee Assistance Program to credential holders regulated by the department. The program shall be limited to providing education, referral assistance, and monitoring of compliance with treatment for abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance and shall be limited to voluntary participation by credential holders (Neb.Rev.St. § 38-175).
|Participation in the program shall be confidential, except that if any evaluation by the program determines that the abuse, dependence, or active addiction may be of a nature which constitutes a danger to the public health and safety by the person's continued practice or if the person fails to comply with any term or condition of a treatment plan, the program shall report the same to the director (Neb.Rev.St. § 38-175).|
||There is nothing specific in the Nevada Veterinary Practice Act regarding wellness.
However, if the Board has reason to believe that the conduct of any veterinarian or veterinary technician has raised a reasonable question as to his or her competence to practice veterinary medicine or to act as a veterinary technician with reasonable skill and safety to animals, it may order that person to undergo a mental or physical examination or an examination testing his or her competence to practice veterinary medicine…The examination must be conducted by physicians or other persons designated by the Board (N.R.S. 638.142).
Additionally, the Nevada Veterinary Medical Association has an Impairment Committee.
|The testimony or reports of the examining physicians or other persons designated by the Board are privileged communication, except as to proceedings conducted pursuant to this chapter (N.R.S. 638.142).|
||There is nothing specific in the New Hampshire Veterinary Practice Act regarding wellness.
However, the New Hampshire Veterinary Medical Association has a standing committee on veterinary impairment to aid members with problems relating to substance abuse (Article V, Section 8 in By-laws). [http://www.nhvma.com/?page=8]
Although there is no statute or regulation, there is a "professional assistance program" run by a physician’s practice in New Jersey.
||The Board may appoint an impaired-veterinarian committee to organize and administer a program that will:
(1) serve as a diversion program to which the Board may refer licensees in lieu of or in addition to other disciplinary action under terms set by the Board (N. M. S. A. 1978, § 61-14-5.1)
As of Feb. 2017, the Board is in the process of setting up the committee, which will not only include assistance to impaired licensees but wellness overall.
|(2) Be a confidential source of treatment or referral for veterinarians who, on a voluntary basis and without the knowledge of the Board, desire to avail themselves of treatment for emotionally based or chemical-dependence impairments (N. M. S. A. 1978, § 61-14-5.1)|
||There is nothing specific in the New York Veterinary Practice Act regarding wellness.
However, the State of New York has the authority to appoint within the Department, by the Board of regents, a committee on drug and alcohol abuse, which shall advise the Board of regents on matters relating to practice by professional licensees with drug or alcohol abuse problems, and which shall administer the provisions of this section (McKinney's Education Law § 6510-b).
|All information concerning an application, other than the fact of the surrender of the license and the participation in the program and the successful completion or failure of or withdrawal from the program, shall be strictly confidential, and may not be released by the committee to any person or body without the consent of the licensee (McKinney's Education Law § 6510-b).|
||(a) The Board may enter into agreements with organizations that have developed programs for impaired veterinary personnel. Activities to be covered by these agreements may include investigation, review, and evaluation of records, reports, complaints, litigation, and other information about the practices or the practice patterns of veterinary personnel licensed or registered by the Board as these matters may relate to impaired veterinary personnel (N.C.G.S.A. § 90-187.15).
||(e) Any confidential information or other nonpublic information acquired, created, or used in good faith by an impaired veterinary personnel organization or the Board regarding a participant pursuant to this section shall remain confidential and shall not be subject to discovery or subpoena in a civil case, nor subject to disclosure as a public document by the Board pursuant to Chapter 132 of the General Statutes (N.C.G.S.A. § 90-187.15).|
||The state veterinary medical licensing Board shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standards for approving and designating physicians and facilities as treatment providers for veterinarians with substance abuse problems and shall approve and designate treatment providers in accordance with the rules. The rules shall include standards for both inpatient and outpatient treatment (R.C. § 4741.31).
A licensee may be subject to this rule when a finding has been made that he or she had practiced while impaired by alcohol or other drugs or when the licensee contacts the Board and requests to participate in the program (OAC 4741-1-25).
|Any veterinarian who enters into treatment by an approved treatment provider shall be deemed to have waived any confidentiality requirements that would otherwise prevent the treatment provider from making reports required under this section (R.C. § 4741.31).|
(1) Treatment records concerning individuals who are receiving or who at any time have received services for mental illness, alcoholism, or drug dependence which are maintained by the Board are confidential and shall not be made available to the public.
(2) Patient health care records are confidential and shall not be made available to the public (OAC 4741-1-25).
||The Board may establish rules for the approval of medically directed, nonprofit, voluntary treatment programs for impaired practitioners and to set standards for the treatment of practitioners (59 Okl.St.Ann. § 698.14b).
The Board’s program (OHPP) assists all professions. The licensee contracts with OHPP and the program will ensure the person is complying with the order by conducting random drug screenings, weekly meetings, providing counseling, etc.
||The Board, with the approval of the Commissioner of Professional and Occupational Affairs, shall appoint and fix the compensation of a professional consultant who is a licensee of the Board, or such other professional as the Board may determine, with education and experience in the identification, treatment and rehabilitation of persons with physical or mental impairments 63 P.S. § 485.26a)
||(21) practiced veterinary medicine while under the influence of alcohol or any drug to such a degree as to adversely affect the performance of a veterinarian's professional obligations and duties;
In enforcing Subsection (A), items (21)… the Board upon reasonable grounds may require a licensee or applicant to submit to a mental or physical examination by physicians designated by the Board (Code 1976 § 40-69-110).
|In enforcing subsection (A), items (21)… the Board upon reasonable grounds may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records; and these records are admissible in a hearing before the Board, notwithstanding any other provision of law.|
For purposes of this section, a person who accepts the privilege of practicing veterinary medicine in this State, or who files an application to practice veterinary medicine in this State, is deemed to have consented to the Board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the Board upon the grounds that the same constitutes a privileged communication
||South Dakota has a "Health professionals’ assistance program" which includes veterinarians. This is a confidential program designed to monitor the treatment and continuing care of any regulated health professional who may be unable to practice with reasonable skill and safety, if the professional's mental health issues or substance use disorder is not appropriately managed (SDCL § 36-2A-1)
||All records of health professionals’ assistance program participants are confidential and are not subject to discovery or subpoena (SDCL § 36-2A-12).|
||"Veterinary wellness committee" or "committee" means any committee, Board, commission, or other entity established by any state-wide veterinary medical association or local veterinary medical association for the purpose of providing immediate and continuing help to veterinary professionals licensed to practice veterinary medicine … in this state who suffer from physical or mental conditions that result from disease, disorder, trauma, or age and that impair their ability to perform their duties in veterinary medicine with reasonable skill and safety (T. C. A. § 63-12-118).
||All information, interviews, reports, statements, memoranda, or other data furnished to or produced by a veterinary wellness committee and any findings, conclusions, reports, or recommendations resulting from the proceedings of the committee are privileged and confidential. Information and actions taken by the committee shall be privileged and held in strictest confidence and shall not be disclosed or required to be disclosed to any person or entity outside of the committee (T. C. A. § 63-12-118).|
||The Board shall establish or approve a peer assistance program for veterinarians. The peer assistance program must comply with Chapter 467, Health and Safety Code.
(b) The Board may order a veterinarian who is subject to disciplinary action under this chapter based on a finding that the veterinarian is impaired by chemical dependency or mental illness to submit to care, counseling, or treatment through the peer assistance program (V.T.C.A., Occupations Code § 801.157).
||There is nothing specific in the Utah Veterinary Practice Act regarding wellness.
However, the Utah Division of Occupational and Professional Licensing has established a "Recovery Assistance Program." This program assists chemically dependent individuals who hold professional licenses.
Additionally, the Utah Veterinary Medical Association has established a Membership Crisis Services (http://uvma.net/wellness/).
|During the course of the program, participants undergo rehabilitation and maintenance of recovery in a confidential environment and are generally able to maintain their license.|
||There is nothing specific in the Virginia Veterinary Practice Act regarding wellness.
However, the Virginia Department of Health Professions has established a Health Practitioners’ Monitoring Program which includes veterinarians. The Department of Health Professions has a contract … to provide confidential services for the health practitioner, who may be impaired by any physical or mental disability, or who suffers from chemical dependency.
|The Department of Health Professions has a contract … to provide confidential services for the health practitioner.|
Records of the Program, to the extent such records identify individual practitioners in the Program, shall be privileged and confidential, and shall not be disclosed consistent with the Virginia Freedom of Information Act (§54.1-2517).
||(1) To implement an impaired veterinarian program as authorized by RCW 18.130.175, the veterinary Board of governors shall enter into a contract with a voluntary substance abuse monitoring program (RCW 18.92.047)
In lieu of disciplinary action under RCW 18.130.160 and if the disciplining authority determines that the unprofessional conduct may be the result of substance abuse, the disciplining authority may refer the license holder to a voluntary substance abuse monitoring program approved by the disciplining authority (RCW 18.130.175).
The Board has contracted with the WPHP program.
|The treatment and pretreatment records of license holders referred to or voluntarily participating in approved programs shall be confidential, shall be exempt from chapter 42.56 RCW, and shall not be subject to discovery by subpoena or admissible as evidence except for monitoring records reported to the disciplining authority for cause as defined in subsection (3) of this section (West's RCWA 18.130.175).|
||Veterinarians who are impaired by alcohol or other substances should seek assistance from qualified organizations or individuals. Colleagues of impaired veterinarians should encourage those individuals to seek assistance and to overcome their disabilities (WY Rules and Regulations AI VET Ch. 0 App. A) The Wyoming Professional Assistance Program is known as WPAP.