Current through Register Vol. XLI, No. 50, December 13, 2024
Section 5-15-12 - Confidentiality12.1. All information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the WVDRN, all communications to or from the WVDRN, and all proceedings, findings, and conclusions of the WVDRN, including those relating to intervention, treatment, or rehabilitation, that in any way pertain to or refer to a person participating in a dental recovery network are privileged and confidential.12.2. All records and proceedings of the WVDRN that pertain or refer to a person participating in a dental recovery network shall be privileged and confidential, used by the program and its members only in the exercise of the proper function of the WVDRN, 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 3.1.b.2. and 10.4. of this rule.12.3. The WVDRN may only disclose the information relative to an impaired licensee or applicant if:12.3.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 or applicant and release by the licensee or applicant has been executed;12.3.b. the release is authorized in writing by the impaired licensee or applicant; or12.3.c. the WVDRN is required to make a report to the board pursuant to subsection 10.4. of this rule; or12.3.d. disclosure is mandated by court order.