Amendment ID: S2572-34-R1
Redraft Amendment 34
Protecting the Well-Being of Health Care Professionals
Messrs. Montigny, Feeney and Tarr, Ms. Gobi, Mr. O'Connor and Ms. Lovely move that the proposed new draft be amended by inserting after section 22 the following section:-
“SECTION 22A. Chapter 112 of the General Laws is hereby amended by inserting after section 65F the following section:-
Section 65G. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Applicant”, a licensed health care professional who applies to participate in the program in compliance with subsection (f).
“Board of registration”, a board of registration serving in the department pursuant to section 9 of chapter 13 or under the supervision of the commissioner pursuant to section 1.
“Commissioner”, the commissioner of public health.
“Department”, the department of public health.
“License”, a license, registration, authorization or certificate issued by a board of registration.
“Licensed health care professional”, any individual who holds a license.
“Licensing board”, a board of registration that has issued a license.
“Participant”, a licensed health care professional that has been admitted into the program under this section.
“Program”, the voluntary program established by the department under paragraph (1) of subsection (b).
“Record of participation”, the materials received and reviewed by the program’s director, rehabilitation evaluation committee or a licensing board in connection with the application of a licensed health care professional for admission into the program and in connection with the progress of a participant during the program and compliance with an individualized rehabilitation plan.
(b)(1) The department shall establish, within the bureau of health professions licensure, a voluntary program for monitoring the rehabilitation of licensed health care professionals who have a mental health diagnosis or substance use disorder.
(2) A board of registration that is required to establish a similar rehabilitation program by another requirement in this chapter shall fulfill that requirement by formally adopting the bureau’s program in lieu of establishing its own.
(c) (1) There shall be an advisory committee to assist the department in the development and implementation of the program. The committee shall consist of not less than the following members or their designees: the commissioner, who shall serve as chair; the director of the bureau of health professions licensure; and 9 members appointed by the commissioner, 1 of whom shall have expertise in the treatment of health professionals with a mental health diagnosis or substance use disorder, 1 of whom shall be a representative of the Massachusetts Nurses Association, 1 of whom shall be a representative of Local 509 Service Employees International Union; 1 of whom shall be a representative of Local 1199 Service Employees International Union, 1 of whom shall be a representative of the Massachusetts Chapter of the National Association of Social Workers, Inc., 1 of whom shall be a representative of the Massachusetts Association of Physician Assistants, Inc., 1 of whom shall be a representative of the Massachusetts Dental Society, 1 of whom shall be a representative of the Massachusetts Pharmacists Association Foundation, Inc. and 1 of whom shall be a representative of the Massachusetts Health and Hospital Association, Inc.; provided, however, that the commissioner may appoint additional members as the commissioner determines necessary.
(2) The committee shall: (i) review data, medical literature and expert opinions on the prevalence of mental health diagnoses and substance use disorders among licensed health professionals; (ii) make estimates regarding the number of licensed health professionals in the commonwealth who could potentially benefit from participation in the program; (iii) examine the effectiveness of the rehabilitation program for registered pharmacists, pharmacy interns and pharmacy technicians established in section 24H and the rehabilitation program for nurses established in section 80F, including, but not limited to, overall trends in enrollment, completion rates, failure rates, program design, eligibility criteria, application requirements, wait times for admissions, program duration, conditions of participation, penalties for non-compliance, privacy and confidentiality protections and return-to-work restrictions; (iv) identify best practices in voluntary, alternative-to-discipline rehabilitation programs that have been adopted by other states and any opportunities to modernize standards in the commonwealth; and (v) make recommendations to the department regarding eligibility criteria for admission into the program and the attributes necessary for the program to expand its access to licensed health professionals, minimize stigma and other deterrents to participation, increase participation and completion rates, facilitate the successful return of participants to professional practice and enhance public health and safety, including, but not limited to, the size, scope and design of the program, the level of staffing and other resources necessary to adequately operate the program and protocols to ensure that the rehabilitation evaluation committee established in subsection (d) performs its duties in a timely fashion.
(d) (1) There shall be a rehabilitation evaluation committee. The committee shall consist of the following members to be appointed by the commissioner: 1 member who shall be a medical doctor or advanced practice registered nurse with experience in the treatment of mental health diagnoses or substance use disorders; 3 members who shall be licensed health care professionals with demonstrated experience in the field of mental health or substance use disorders; 1 member who shall be a licensed health care professional in recovery from substance use disorder for not less than 5 years; and 2 members who shall be individuals who are or were consumers of mental health or substance use disorder services. Three members of the committee shall constitute a quorum. The committee shall elect a chair and a vice chair from its membership. Members of the committee shall serve for terms of 4 years. No member shall be appointed or reappointed to the committee who is licensed to practice by a board of registration and has had any disciplinary or enforcement action taken against them by their respective licensing board during the 5 years preceding their appointment or reappointment to the committee. No current member of any board of registration shall serve on the committee. Meetings of the committee shall not be subject to sections 18 to 25, inclusive, of chapter 30A.
(2) The rehabilitation evaluation committee shall: (i) receive and review information concerning participants in the program; (ii) evaluate licensed health care professionals who request to participate in the program and provide recommendations regarding the admission of such licensed health care professionals; (iii) review and designate treatment facilities and services to which participants may be referred; (iv) make recommendations for each participant as to whether the participant may continue or resume professional practice within the full scope of the participant's license; and (v) make recommendations for an individualized rehabilitation plan with requirements for supervision and surveillance for each participant.
(e) The department shall employ a program director with demonstrated professional expertise in the field of mental health or substance use disorders to oversee participants in the rehabilitation program. The director shall: (i) admit eligible licensed health care professionals who request to participate in the program; (ii) receive and review information concerning participants in the program; (iii) provide each participant with an individualized rehabilitation plan with requirements for supervision and surveillance and update the plan as appropriate, taking into account the participant’s compliance with the program and recommendations of the rehabilitation evaluation committee (iv) call meetings of the rehabilitation evaluation committee as necessary to review the requests of licensed health care professionals to participate in the program and review reports regarding participants; (v) serve as a liaison among the participant, the participant’s licensing board, the rehabilitation evaluation committee and approved treatment programs and providers; (vi) terminate a participant from the program based on the participant’s non-compliance with the participant’s individualized rehabilitation plan or material misrepresentations by the participant concerning the participant’s participation in the program or professional practice; (vii) provide information to licensed health care professionals who request to participate in the program; and (viii) report to the licensing board of an applicant or participant: (A) an applicant’s failure to complete the program’s admission process; (B) a participant’s admission into the program; (C): a participant’s termination from the program; (D) a participant’s withdrawal from the program before completion; and (E) the initial restrictions or conditions relating to the participant’s professional practice incorporated into the participant’s individualized rehabilitation plan and any changes or removal of the restrictions or conditions during the course of the participant’s participation, as well as the basis for the restrictions or conditions and any changes them; provided, however, that any restriction or condition relating to a participant’s professional practice required under this subsection or any changes to a restriction or condition shall be subject to the approval by the participant’s licensing board.
(f) A licensed health care professional who applies to participate in the program shall acknowledge that they have a mental health diagnosis or substance use disorder that impacts their ability to safely practice their profession and shall agree to comply with an individualized rehabilitation plan to be admitted into the program. The program shall establish a form for such acknowledgement and agreement that the licensed health care professional shall complete and sign.
(g) Upon admission of a licensed health care professional into the program, the licensing board may dismiss any pending investigation or complaint against the participant that arises from or relates to the participant’s mental health diagnosis or substance use disorder. The applicable licensing board may change the participant’s publicly available license status to reflect the existence of non-disciplinary restrictions or conditions. The licensing board may immediately suspend the participant’s license as necessary to protect the public health, safety and welfare upon receipt of notice from the director that the participant has withdrawn from the program before completion or that the director has terminated the participant from the program.
(h) The record of participation shall not be a public record and shall be exempt from disclosure pursuant to clause Twenty-sixth of section 7 of chapter 4 and chapter 66. If an applicant fails to complete the application process, a licensing board may use information and documents in the record of participation as evidence in a disciplinary proceeding as necessary to protect public health, safety and welfare. In all other instances, the record of participation shall not be subject to subpoena or discovery in any civil, criminal, legislative or administrative proceeding without the prior written consent of the participant. The records of participations of participants who successfully complete the program shall be destroyed 3 years following the date of successful completion.”.