Compilation of Rules and Regulations of the State of Georgia
Department 360 - RULES OF GEORGIA COMPOSITE MEDICAL BOARD
Chapter 360-11 - GEORGIA PROFESSIONAL HEALTH PROGRAM
Rule 360-11-.05 - Confidentiality
Current through Rules and Regulations filed through March 20, 2024
(1) Notwithstanding the provisions of Code Sections 43-34-7 and 43-34-8, the Board shall be authorized to provide pertinent information regarding health care professionals, as determined by the Board and in its sole discretion, to an entity for its purposes in conducting a PHP.
(2) All information, interviews, reports, statements, memoranda, or other documents furnished by the Board or other source to the an entity under contract with the Board for a PHP or produced by the entity, and any findings, conclusions, recommendations, or reports resulting from the monitoring or rehabilitation of health care professionals pursuant to a contract with the Board are declared to be privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records.
(3) All records of the PHP shall be confidential and shall be used by the PHP and its employees and agents only in the exercise of the proper function of the PHP pursuant to its contract with the Board. Such information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the PHP and any findings, conclusions, recommendations, or reports resulting from the monitoring or rehabilitation of health care professionals shall not be available for court subpoenas or for discovery proceedings.
(4) Notwithstanding the above, the Board is authorized to use any such information in a manner and hearing consistent with the provisions of O.C.G.A. Section 43-34-8, and the Board rules.
O.C.G.A. Secs. 31-11-52, 43-34-5, 43-34-5.1, 43-34-7, 43-34-8, 43-34-26.1.
