Mass. Gen. Laws ch. 112, sec. 52H — MA Code / Part I / Title XVI / Chapter 112 / Section 52H
Unified recovery and monitoring program of dentists and dental hygienists seeking support for mental health or substance use as a voluntary alternative to disciplinary actions; reports; dismissal of pending investigation or complaint; license status; failure to complete program
Status: in_force

Section 52H. (a) For the purpose of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Board'', the board of registration in dentistry established in section 19 of chapter 13. ''Unified recovery and monitoring program'' or ''Program'', the program for monitoring the rehabilitation of licensed health care professionals established by the department pursuant to section 65G. (b)(1) The board shall participate in the unified recovery and monitoring program and shall make appropriate referrals to said unified recovery and monitoring program of dentists and dental hygienists who seek support for their mental health or substance use as a voluntary alternative to disciplinary actions. (2) The board shall: (i) establish criteria for the referral of registered dentists and dental hygienists; (ii) establish an outreach program to identify registered dentists and dental hygienists who may have a qualifying mental health condition or substance use disorder; and (iii) provide education about the program to promote early identification, intervention, evaluation and monitoring; provided, however, that the outreach program required under this paragraph shall notify dentists and dental hygienists of the opportunity to apply directly with the department to participate in the program. (c) A registered dentist or dental hygienist who requests to participate in the program shall cooperate with the individualized rehabilitation plan recommended by the program. The program director employed pursuant to subsection (e) of section 65G may report to the board: (i) information concerning a participant in the program; (ii) aggregate data on program compliance; and (iii) the name and license number of a registered dentist or dental hygienist who fails to comply with an individualized remediation plan. (d) Upon admission of a dentist or dental hygienist into the program, the 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 board may change the participant's publicly-available license status to reflect the existence of non-disciplinary restrictions or conditions. The board may immediately suspend the participant's license as is necessary to protect the public health, safety and welfare upon receipt of notice that the participant has withdrawn or been terminated from the program before completion. (e) The record of participation in the program 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 dentist or dental hygienist referred to the program by the board fails to complete the application process, the 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 established pursuant section 65G 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 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.

Section 52H. (a) For the purpose of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

''Board'', the board of registration in dentistry established in section 19 of chapter 13.

''Unified recovery and monitoring program'' or ''Program'', the program for monitoring the rehabilitation of licensed health care professionals established by the department pursuant to section 65G.

(b)(1) The board shall participate in the unified recovery and monitoring program and shall make appropriate referrals to said unified recovery and monitoring program of dentists and dental hygienists who seek support for their mental health or substance use as a voluntary alternative to disciplinary actions.

(2) The board shall: (i) establish criteria for the referral of registered dentists and dental hygienists; (ii) establish an outreach program to identify registered dentists and dental hygienists who may have a qualifying mental health condition or substance use disorder; and (iii) provide education about the program to promote early identification, intervention, evaluation and monitoring; provided, however, that the outreach program required under this paragraph shall notify dentists and dental hygienists of the opportunity to apply directly with the department to participate in the program.

(c) A registered dentist or dental hygienist who requests to participate in the program shall cooperate with the individualized rehabilitation plan recommended by the program. The program director employed pursuant to subsection (e) of section 65G may report to the board: (i) information concerning a participant in the program; (ii) aggregate data on program compliance; and (iii) the name and license number of a registered dentist or dental hygienist who fails to comply with an individualized remediation plan.

(d) Upon admission of a dentist or dental hygienist into the program, the 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 board may change the participant's publicly-available license status to reflect the existence of non-disciplinary restrictions or conditions. The board may immediately suspend the participant's license as is necessary to protect the public health, safety and welfare upon receipt of notice that the participant has withdrawn or been terminated from the program before completion.

(e) The record of participation in the program 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 dentist or dental hygienist referred to the program by the board fails to complete the application process, the 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 established pursuant section 65G 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 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.