Section 65G: Program for monitoring the rehabilitation of licensed health care professionals seeking support for mental health or substance use
Section 65G. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
''Applicant'', a licensed health care professional who believes a mental health or substance use condition may impede or has affected their ability to safely practice their profession and submits to the program a completed and signed application form provided by the program for that purpose.
''Board of registration'', a board of registration: (i) serving in the department pursuant to section 9 of chapter 13; (ii) serving pursuant to section 76 of said chapter 13; (iii) serving pursuant to section 80 of said chapter 13; (iv) serving pursuant to section 88 of said chapter 13; or (v) serving 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'', an individual who holds a license.
''Licensing board'', a board of registration that has issued a license.
''Participant'', a licensed health care professional who has been admitted into the program under this section.
''Program'', the voluntary program established by the department in 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 a voluntary program for monitoring the rehabilitation of licensed health care professionals who seek support for their mental health or substance use or who are referred to the program by a licensing board.
(2) A board of registration that is required to establish a similar rehabilitation program by another requirement of this chapter shall fulfill that requirement by formally adopting the 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 persons to be appointed by the commissioner, 1 of whom shall have expertise in the treatment of health care professionals with a mental health or substance use condition, 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 and substance use conditions among licensed health care professionals; (ii) make estimates regarding the number of licensed health care professionals 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, non-completion rates, program design, eligibility criteria, application requirements, wait times for admissions, program duration, conditions of participation, penalties for noncompliance, privacy and confidentiality protections and return-to-work restrictions; (iv) identify best practices in voluntary, alternative-to-discipline rehabilitation programs that have been adopted in 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 care 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 which shall consist of the following members to be appointed by the commissioner: 1 medical doctor or advanced practice registered nurse with experience in the treatment of mental health or substance use conditions; 3 licensed health care professionals with demonstrated experience in the field of mental health or substance use; 1 licensed health care professional in recovery from substance use for not less than 3 years; 1 licensed health care professional living with a mental health condition; 1 person who is either a peer specialist or a person with experience advocating for people with mental health or substance use conditions; and 2 current or former consumers of behavioral health services, 1 of whom shall be a current or former consumer of mental health services and 1 of whom shall be a current or former consumer of substance use disorder services. Four 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 within 5 business days of receipt of such request 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; provided, however, that no action taken by the rehabilitation evaluation committee pursuant to this section shall be construed as the practice of medicine or behavioral health care.
(e) The department shall employ a program director with demonstrated professional expertise in the field of mental health or substance use care and treatment 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 a written 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 noncompliance 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) in such cases where an applicant or participant is referred to the program by a licensing board or if an applicant or participant is the subject of a pending or completed investigation or complaint that arises from or relates to an applicant's or participant's mental health or substance use, report to the licensing board of the applicant or participant the name and license number of the applicant or participant in the event of: (A) the applicant's failure to complete the program's admission process; (B) the participant's admission into the program; (C) the participant's termination from the program; (D) the 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 and the basis for such restrictions or conditions and any changes to 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 of the participant's licensing board.
(f) A licensed health care professional who applies to participate in or is referred by the licensing board to the program shall specify, in a form and format as set forth by the department, the mental health condition or substance use that they believe may impede or has affected their ability to safely practice their profession and shall agree to comply, to the best of their ability, with an individualized rehabilitation plan to be admitted into the program. Noncompliance with an individualized rehabilitation plan may result in a participant's termination from the program only if the participant's individual rehabilitation plan states that noncompliance with the plan will result in termination from the program.
(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 or substance use. The 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 is 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 a licensed health care professional referred to the program by a licensing board 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 or application to the program shall be kept confidential and shall not be subject to subpoena or discovery in any civil, criminal, legislative or administrative proceeding without the prior written consent of the participant or applicant. Upon the determination by the rehabilitation evaluation committee that a participant has successfully completed the program and their ability to safely practice their profession is not impaired or affected by their mental health or substance use, the department, the program, the rehabilitation evaluation committee and the licensing board, if applicable, shall seal all records pertaining to the participant's participation in the program. The records of participation of participants who successfully complete the program shall be destroyed 3 years following the date of successful completion.