Current through Register Vol. 48, No. 38, September 20, 2024
a) Section 24.1 of
the Act requires the Division to establish a program of care, counseling or
treatment for impaired veterinarians.
b) Definitions
1) "Impaired veterinarian" means a
veterinarian who is unable to practice veterinary medicine with reasonable
skill and safety because of a physical or mental disability as evidenced by a
written determination or written consent based on clinical evidence, including
deterioration through the aging process, loss of motor skills, or abuse of
drugs or alcohol of sufficient degree to diminish a person's ability to deliver
competent patient care.
2) "Program
of care, counseling, or treatment" means a written schedule of organized
treatment care, counseling, activities, or education satisfactory to the Board,
designed for the purpose of restoring an impaired person to a condition whereby
the impaired person can practice veterinary medicine with reasonable skill and
safety of sufficient degree to deliver competent patient care. [225
ILCS 115/24.1]
c) Program of Care, Counseling or Treatment
1) A veterinarian who has been determined by
a qualified health care professional to be impaired shall enter into an
agreement with the Division in which the veterinarian agrees to participate in
a program designed to provide care and treatment specifically for health care
professionals and which has been approved by the Division. The agreement may
include, but not be limited to, the length of the program, the status of the
licensee while in a treatment program, and a termination clause whereby both
parties may terminate the agreement at any time.
2) All progress reports of treatment and
participation in a treatment program shall be sent to the Division every 60
days. A relapse or non-compliance with the treatment program shall be reported
to the Division immediately. All reports shall be signed by a licensed
physician, clinical psychologist, licensed clinical social worker, licensed
professional counselor or clinical professional counselor or other substance
abuse professional approved by the Division.
3) An impaired veterinarian shall continue in
an after care program until he/she is released upon successful completion of
the structured treatment program.
4) If a veterinarian is being treated for
alcohol or drug abuse:
A) The person shall
submit progress reports from any sponsors in Narcotics Anonymous or Alcoholics
Anonymous or other after care programs to the Division on a quarterly
basis.
B) The person shall submit
to random drug and alcohol screenings and the results shall be submitted to the
Division by the treatment program. The impaired veterinarian is responsible for
the cost of the reports. The Division shall be notified immediately by the
treatment program if the person fails to submit to the random drug and alcohol
screenings.
d) All reports required shall be submitted to
the Probation Compliance Supervisor, Illinois Department of Financial and
Professional Regulation-Division of Professional Regulation, 100 West Randolph
Street, Suite 9-300, Chicago, Illinois 60601.
e) The contents of any report shall be
strictly confidential and shall be exempt from public disclosure. The reports
shall be reviewed only by the following:
1)
The Veterinary Licensing and Disciplinary Board.
2) Designated Department attorney.
3) Administrative personnel assigned to open
mail containing reports and to process and distribute the reports to authorized
persons, and to communicate with senders of reports.
4) The individual who is the subject of the
report, his/her attorney or his/her authorized representative.
f) The reports may also be handled
or processed by other designated persons in a limited manner necessary to
implement reports required under the Act or this Section by computer, word
processing equipment or other mechanical means. The data record shall be
limited to the name and address of the originator of the report, the date the
initial report was received, the date of the most recent report and the
professional license number of the subject of the report.
g) The contents of the confidential reports
relating to impaired persons shall not be used or made available in any other
administrative proceedings before the Division or any other department;
however, violations of the treatment or supervision plan will result in a
review of the person's status by the Veterinary Licensing and Disciplinary
Board or its designee for possible discipline or revision in the treatment
program. The reports shall not be disclosed, made available or subject to
subpoena or discovery proceedings in any civil or criminal court
proceedings.
h) Upon determination
by the Board that a report on an impaired person is no longer required for
review and consideration, the Board shall notify the maker of the reports to
cease sending the reports, and the Board and Division records shall be purged
of information contained in the reports. Board determinations shall be based
on, but not be limited to: the type of impairment and the type of
rehabilitation program, length of supervision, occurrence of any relapses and
present status of the license.
