La. Admin. Code tit. 46 § LIV-357

Current through Register Vol. 50, No. 11, November 20, 2024

Section LIV-357 - Admission to the Confidential Recovering Physical Therapy Program (CRPTP)

A. Participation in CRPTP may be voluntary, non-punitive, confidential, as defined by §123, and in place of formal disciplinary proceedings for eligible persons who meet the following admission criteria:

1. voluntary request for admission to RPTP whether referred by self or other sources;

2. addiction to or use of alcohol and/or other mood altering substances including prescription drugs, or has a physical or mental condition, which impairs or potentially impairs the ability of the eligible person to perform duties safely;

3. no previous disciplinary action involving impairment by any licensing authority;

4. has no criminal convictions or pending criminal charge that involves violence or danger to another person, or involves a crime which constitutes a threat to patient care;

5. no diversion of chemicals;

6. no dealing or selling of illicit drugs;

7. no coexisting untreated physical, emotional or psychiatric problems which would impair physical therapy competency;

8. no related practice problems involving death or significant harm to a patient; and

9. agrees to comply with all RPTP requirements and signs the RPTP agreement including a statement acknowledging chemical dependency or other impairment.

B. Involvement by the participant in the CRPTP will remain confidential and shall not be subject to discovery in a legal proceeding except as required by federal and state confidentiality laws as long as the licensee complies with all stipulations of the RPTP agreement.

1. The board may cause to be made non-confidential the records, files and information related to a successfully completed RPTP in the event that a former participant becomes the subject of a subsequent disciplinary action for violation of the Practice Act or board rules related to substance abuse and/or chemical dependency unless such records are protected by federal and state confidentiality laws and regulations.

C. When a licensee ceases to be in compliance with his confidential RPTP agreement, he shall be referred back to the board for regular disciplinary proceedings.

La. Admin. Code tit. 46, § LIV-357

Promulgated by the Department of Health and Hospitals, Physical Therapy Board, LR 37:3056 (October 2011), Amended by the Department of Health, Physical Therapy Board, LR 442186 (12/1/2018), Amended by LR 471139 (8/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2420 and Act 535 of 2009.