Present law prohibits the board of medical examiners ("board") from requiring an applicant for licensure to disclose career fatigue as a requirement for initial licensure. However, the board may enter into an executive session for any discussion or deliberation of a licensee or prospective licensee's health conditions, including mental health conditions and substance use disorders, revealed during an application process. This bill adds that, during an informal initial application interview during such an executive session, the board may, in its discretion, issue a license under a private advocacy order requiring the applicant to maintain advocacy of a peer assistance program approved by the board. Any determination regarding the necessity for a private advocacy order must be individually tailored to the applicant's condition and how it currently impairs the applicant's ability to practice medicine in a competent, ethical, and professional manner absent such advocacy. This bill clarifies that a private advocacy order is not a restriction on the license. However, for an individual practicing under a private advocacy order, failure to maintain the advocacy of the peer assistance program constitutes a violation of the practice act for which the board may take disciplinary action. This bill provides that private advocacy orders are confidential, privileged, and not public records subject to inspection by citizens of this state. However, if a practitioner fails to maintain advocacy and formal disciplinary proceedings are initiated as a result of that failure, then the private advocacy order becomes a public record.

Statutes affected:
Introduced: 63-6-106