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24.138.2707    PROTOCOL FOR SELF-REPORTING TO A BOARD APPROVED REHABILITATION PROGRAM

(1) If a licensee or license applicant chooses to self-report to the program and the program has determined that the licensee or license applicant needs assistance or supervision, the licensee or license applicant shall be required to:

(a) enter into an aftercare contract with the program for the specified length of time determined by the program; and

(b) abide by all the requirements set forth by the program.

(2) Self-reporting by a licensee or license applicant may still result in disciplinary action if:

(a) the program determines that the self-reporting licensee or license applicant poses a danger to the licensee or license applicant or to the public;

(b) the licensee or license applicant is in noncompliance with a contract for aftercare monitoring;

(c) a licensee or license applicant has not completed evaluation, treatment, or aftercare monitoring as recommended by the program; or

(d) the screening panel otherwise determines that disciplinary action is warranted.

(3) The program shall notify and disclose to the board the identity of a licensee participating in the program, along with providing to the board all relevant facts and documentation, when any of the following occur:

(a) the participant engages in actionable behavior as described in 37-4-312 , MCA;

(b) the participant is noncompliant with the aftercare monitoring contract; or

(c) there are creditable allegations that patient safety or public harm is at risk by the participant's continued practice.

(4) The program shall notify and disclose to the board the identity of a new license applicant who is determined by the program to have significant impairment issues.

 

History: 37-1-131, 37-4-205, 37-29-201, MCA; IMP, 37-1-131, 37-1-312, 37-4-311, 37-4-312, 37-4-313, 37-4-314, MCA; NEW, 2007 MAR p. 43, Eff. 1/12/07.

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