W. Va. Code R. § 15-10-13

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 15-10-13 - Confidentiality

13.1. All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the WVPRN, all communications to or from the WVPRN, and all proceedings, findings, and conclusions of the WVPRN, including those relating to intervention, treatment, or rehabilitation, that in any way pertain to or refer to a person participating in a pharmacist recovery network are privileged and confidential.

13.2. All records and proceedings of the WVPRN that pertain or refer to a person participating in a pharmacist recovery network shall be privileged and confidential, used by the WVPRN and its members only in the exercise of the proper function of the program, not be considered public records, and not be subject to court subpoena, discovery, or introduction as evidence in any civil, criminal, or administrative proceedings, except as provided in subsections 4.1.b.2 and 11.4. of this rule.

13.3. The WVPRN may only disclose the information relative to an impaired licensee if:

13.3.a. it is essential to disclose the information to a person or an organization needing the information in order to address the intervention, treatment, or rehabilitation needs of the impaired licensee and a release by the licensee has been executed;

13.3.b. the release is authorized in writing by the impaired licensee; or

13.3.c. the WVPRN is required to make a report to the board pursuant to subsections 4.1.b.2 or 11.4. of this rule.

W. Va. Code R. § 15-10-13