KRS § 313.130 — KY Code / Title XXVI / Chapter 313 / Section 313.130
313.130 Examination of licensee, certificate holder, or applicant by physician or psychologist -- Temporary suspension -- Well-being Committee to promote identification, treatment, and rehabilitation of impaired individuals -- Confidentiality of documents -- Limits on disclosure
Status: in_force

313.130 Examination of licensee, certificate holder, or applicant by physician or

psychologist -- Temporary suspension -- Well-being Committee to promote

identification, treatment, and rehabilitation of impaired individuals --

Confidentiality of documents -- Limits on disclosure.

(1) If the Law Enforcement Committee has reasonable cause to believe any licensee or

certificate holder or any applicant for licensure or registration by examination,

reinstatement, credentials, or change of status is unable to practice with reasonable

skill or safety or has abused alcohol or drugs, it may require such person to submit

to a mental or physical examination by a physician or psychologist it designates.

Upon the failure of the person to submit to a mental or physical examination, unless

due to circumstances beyond the person's control, the Law Enforcement Committee

may initiate an action for immediate temporary suspension pursuant to this chapter

or deny the application until the person submits to the required examination. The

Law Enforcement Committee may issue an immediate and temporary suspension

from the time of the examination until the hearing.

(2) Every licensee or certificate holder or applicant for licensure or registration by

examination, reinstatement, credentials, or change of status shall be deemed to have

given consent to submit to an examination when so directed in writing by the board.

The direction to submit to an examination shall contain the basis of the Office of the

Board's reasonable cause to believe that the person is unable to practice with

reasonable skill or safety, or has abused alcohol or drugs. The person shall be

deemed to have waived all objections to the admissibility of the examining

physician's or psychologist's testimony or examination reports on the ground of

privileged communication.

(3) The licensee or certificate holder or applicant for licensure or registration by

examination, reinstatement, credentials, or change of status shall bear the cost of

any mental or physical examination ordered by the Office of the Board.

(4) The board shall establish a committee for individuals licensed or registered by the

board, to be designated as the Well-being Committee, to promote the early

identification, intervention, treatment, and rehabilitation of individuals licensed or

registered who may be impaired by reasons of illness, alcohol or drug abuse, or as a

result of any physical or mental condition. The board may enter into a contractual

agreement with a nonprofit corporation or a dental association for the purpose of

creating, supporting, and maintaining the Well-being Committee. The board may

promulgate administrative regulations in accordance with KRS Chapter 13A to

effectuate and implement the committee and may expend any funds it deems

necessary to adequately provide for operational expenses of the committee. Any

member of the Well-being Committee, as well as any administrator, staff member,

consultant, agent, or employee of the committee acting within the scope of their

duties and without actual malice, and all other persons who furnish information to

the committee in good faith and without actual malice, shall not be liable for any

claim of damages as a result of any statement, decision, opinion, investigation, or

action taken by the committee, or by any individual member of the committee.

(5) All information, interviews, reports, statements, memoranda, or other documents

furnished to or produced by the Well-being Committee, as well as communications

to or from the committee, and any findings, conclusions, interventions, treatment,

rehabilitation, or other proceedings of the committee which in any way pertain to an

individual licensed or registered who may be, or who actually is, impaired shall be

privileged and confidential.

(6) All records and proceedings of the Well-being Committee which pertain or refer to

an individual licensed or registered who may be, or who actually is, impaired shall

be privileged and confidential and shall be used by the committee and its members

only in the exercise of the proper function of the committee and shall not be

considered public records and shall be subject to court subpoena and subject to

discovery or introduction as evidence in any civil, criminal, or administrative

proceedings except as described in subsection (4) of this section.

(7) The Well-being Committee may disclose information relative to an impaired

licensee or certificate holder only when:

(a) It is essential to disclose the information to further the intervention, treatment,

or rehabilitation needs of the impaired individual, and only to those persons or

organizations with a need to know;

(b) Its release is authorized in writing by the impaired individual;

(c) The committee is required to make a report to the board; or

(d) The information is subject to court order.