North Dakota § 43-29-15.1 - Mental health or substance use disorder - Self-reporting and self-referral

§ 43-29-15.1. Mental health or substance use disorder - Self-reporting and self-referral

to treatment or monitoring program - Confidential records. 1. A veterinarian or veterinary technician may voluntarily self-report or self-refer to a treatment or monitoring program approved or contracted by the board to seek assistance for a potential or existing impairment due to a mental health or substance use disorder. 2. A veterinarian or veterinary technician who under this section voluntarily seeks assistance from a treatment or monitoring program in assessing or treating a potential or existing impairment will not be reported to the board solely on the basis of selfreporting or self-referral. 3. The identity of the veterinarian or veterinary technician and findings of the evaluation only may be reported to the board when: a. A veterinarian or veterinary technician refuses to undergo an evaluation by the program; b. The evaluation reveals evidence of an impairment that could affect the ability of the veterinarian or veterinary technician to practice, or constitutes a threat to the safety of a patient or the public; or c. The veterinarian or veterinary technician refuses to cooperate with a treatment plan, monitoring and followup, or aftercare directed by the program, including a recommendation about continuing practice. 4. Participation in the program does not protect a veterinarian or veterinary technician from disciplinary action resulting from a complaint. 5. A veterinarian or veterinary technician who self-reports or self-refers to the board for a potential or existing impairment may be referred by the board to a treatment or monitoring program in a manner prescribed by the board by rule, and subsequent reporting by the program to the board is at the discretion of and in the manner prescribed by the board. 6. A veterinarian or veterinary technician who has completed a treatment or monitoring program and is in full compliance with all parts of the treatment or monitoring plan and aftercare, may answer in the negative to a question on an application to the board for licensure or licensure renewal regarding current impairment by the condition for which the veterinarian or veterinary technician completed treatment. However, any recurrence of the impairment or the existence of other potential impairments that are not currently known to the program must be reported on the application. 7. Notwithstanding section 44-04-18, except as otherwise provided in this chapter, all records related to participation in a treatment or monitoring program established under this section containing identifying information about a veterinarian or veterinary technician are confidential and only may be disclosed when: a. 8. Disclosure is reasonably necessary for the accomplishment of the purposes of intervention, rehabilitation, referral assistance, or supportive services; b. Disclosure is required by law in a legal or administrative hearing or requested by the board for a formal disciplinary action; c. Disclosure is necessary regarding a veterinarian's or veterinary technician's noncompliance with the program; d. A staff member is handling records for administrative purposes as provided under this section; and e. A person is participating in treatment or program monitoring, evaluations, or followup. A person in attendance at any meeting of a treatment or monitoring program is not required to testify as to the content of any findings, committee discussions, or proceedings, unless requested by the board for a disciplinary proceeding or regarding noncompliance with the program.