Kentucky Administrative Regulations
Title 201 - GENERAL GOVERNMENT CABINET
Chapter 22 - Board of Physical Therapy
Section 201 KAR 22:150 - Impaired Practitioners Alternative Program
Universal Citation: 201 KY Admin Regs Service 22:150
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 327.040, 327.045
NECESSITY, FUNCTION, AND CONFORMITY: KRS 327.040(14) authorize the board to promulgate administrative regulations regarding the physical and mental examinations of physical therapists, physical therapist assistants, or applicants, who may be impaired by reason of a mental, physical, or other condition that impedes their ability to practice competently, KRS 327.045 authorizes the board to establish an impaired physical therapy practitioners committee to promote early identification, intervention, treatment, and rehabilitation of physical therapists and physical therapist assistants who may be impaired by reason of illness, alcohol or drug abuse, or as a result of any physical or mental condition. This administrative regulation provides procedures for the implementation of an alternative program.
Section 1. Definitions.
(1) "Approved
treatment provider" means an alcohol or drug treatment provider that meets the
standards as set out in Section 6 of this administrative regulation.
(2) "Chemically-dependent individual" means a
credential holder or applicant for a credential issued by the board whose
ability to practice according to acceptable and prevailing standards of care is
or may be impaired by reason of alcohol or drug abuse.
(3) "Participant" means a
chemically-dependent individual who has been accepted into the
program.
(4) "Program" means the
Practitioners Alternative Care Effort (PACE) which is the alternative program
operated by the board for credential holders or applicants for a credential
issued by the board.
Section 2. Admission and Denial to the Program.
(1) In order to gain admission to the
program, an individual shall:
(a) Be a
credential holder in the Commonwealth of Kentucky or an applicant for a
credential issued by the board;
(b)
Request participation in the program regardless of whether referred by the
board, self, or another person;
(c)
Be a credential holder currently enrolled in a state-approved alternative
program, if requesting licensure by endorsement from another state;
(d) Admit in writing to being a
chemically-dependent individual;
(e) Agree in writing to the terms set forth
in the program agreement;
(f)
Obtain a current chemical dependency assessment, which includes a complete
physical and psychosocial evaluation performed by a licensed or certified
medical, mental health, or psychological specialist in the field of drug,
alcohol, or other chemical dependency;
(g) Provide any evaluation and treatment
information, disclosure authorizations, and releases of liability as may be
requested by the program staff;
(h)
Agree to not be employed in any capacity in a patient care setting or one which
requires licensure until approved to do so by the program staff; and
(i) Have attended an approved treatment
provider program.
(2)
Admission to the program shall be denied if the applicant:
(a) Does not meet the eligibility
requirements for admission as set by subsection (1) of this section;
(b) Is not eligible for a credential from the
board in Kentucky;
(c) Diverted any
prescription drug for other than self-administration;
(d) In the opinion of the program staff, will
not substantially benefit from participation in the program;
(e) Has a criminal conviction related to the
sale or distribution of scheduled substances or legend prescription drugs;
or
(f) Has been terminated from
alternative program participation in Kentucky or any other
state.
Section 3. Requirements for Participation in the Program.
(1) A participant shall:
(a) Enter into a program agreement;
and
(b) Comply with all of the
terms and conditions of the program agreement for the time period specified in
the agreement.
(2) The
program agreement shall be updated and modified as needed to address the
participant's progress in recovery and may include any of the following:
(a) A requirement that the participant
undergo and successfully complete chemical dependency treatment by an approved
treatment provider;
(b) A
requirement that the participant agree not to practice in any capacity in a
patient care setting or one (1) which requires licensure until approved to do
so by the program;
(c) A
requirement that the participant undergo and successfully complete the
continuing care program recommended by the approved treatment provider and
designated in the program agreement. The continuing care program may include
individual or group counseling or psychotherapy;
(d) A requirement that the participant remain
free of alcohol, over-the-counter medications containing alcohol, or
mood-altering substances including herbal preparations and any other medication
except for substances prescribed by a practitioner authorized by law to
prescribe for a specific medical condition;
(e) A requirement that the participant inform
all treating health care practitioners of the participant's chemical dependency
and recovery status prior to receiving a prescription for any medication,
mood-altering substance, or herbal preparation;
(f) A requirement, if a participant is
required to take any substance prescribed or recommended by a practitioner,
that the participant provide the program written documentation from the
practitioner that the use of the substance shall not impair the participant's
ability to practice physical therapy in a safe and effective manner and shall
not interfere with the participant's recovery program provided the substance is
used in accordance with the prescription or recommendation;
(g) A requirement that if the participant is
prescribed, recommended, or dispensed any medication by a practitioner, the
participant shall cause the practitioner to complete a medication report form
provided by the program. The medication report form shall include the diagnosis
and a copy of any prescription from any physician, and shall be submitted to
the program within the time specified in the program agreement. Consultation
with a physician addictionologist may be required by the program and the
participant shall agree to abide by any determination made by the physician
addictionologist;
(h) A requirement
that the participant have all treatment providers and counselors provide any
reports as may be required by the program at the intervals specified in the
program agreement;
(i) A
requirement that the participant submit to random alcohol and drug testing when
requested by the program, and that the participant comply with all requirements
of the program concerning random alcohol and drug testing;
(j) A requirement that the participant attend
health professionals' support group and twelve (12) step group meetings as
specified by the program agreement, and that the participant verify attendance
at these meetings by signature of a group or meeting representative and submit
the signatures to the program;
(k)
A requirement that the participant comply with the employment restrictions
specified by the program agreement;
(l) A requirement that the participant sign a
waiver which would allow the program to communicate with the participant's
treatment providers, counselors, employers, work site monitors, law enforcement
officials and health professionals' support group facilitators, if
applicable;
(m) A requirement that
the participant be responsible for paying the costs of the physical and
psychosocial assessment, chemical dependency treatment, and random alcohol and
drug testing, or any other costs incurred in complying with the program
agreement;
(n) A requirement that
the participant submit a written personal report to the program at the
intervals specified by the program agreement;
(o) A requirement that the participant meet
in person with a program representative at the intervals specified by the
program agreement; or
(p) A
requirement that the participant comply with all other terms and conditions
specified in the program agreement which the program staff determines are
necessary to ensure that the participant is able to practice physical therapy
in accordance with acceptable and prevailing standards of safe patient care.
Section 4. Successful Completion of the Program.
(1) A
participant successfully completes the program if the participant fully
complies with all of the terms of the program agreement for the period as
specified in the agreement.
(2) If
a participant successfully completes the program, the program shall notify the
participant of the successful completion in writing. Once the participant
receives this written notification of successful completion of the program, the
participant shall no longer be required to comply with the program
agreement.
(3) A participant who
successfully completes the program shall not be reported to the Healthcare
Integrity and Protection Data Bank (HIPDB).
Section 5. Causes for Termination from the Program. A participant shall be terminated from the program for the following causes:
(1) Noncompliance with any aspect of
the program agreement;
(2) Receipt
of information by the board, other than an administrative reprimand or a
private admonishment which, after investigation, results in disciplinary action
by the board; or
(3) Being unable
to practice according to acceptable and prevailing standards of safe physical
therapy.
Section 6. Standards for Approved Treatment Providers. In order to be an approved treatment provider, the treatment provider shall:
(1) Be accredited by the Joint Commission for
the Accreditation of Healthcare Organizations or be state-certified and shall
have operated as a chemical dependency treatment program for a minimum of one
(1) year;
(2) Provide inpatient or
outpatient care;
(3) Be based on a
twelve (12) step program of Alcoholics Anonymous/Narcotics Anonymous or
equivalent support group;
(4)
Provide development of an individualized treatment and aftercare program to
meet the specific needs of the participant and make recommendations regarding
an ongoing rehabilitation plan;
(5)
Be based on evaluation by a multidisciplinary team, which includes a
psychiatrist, addictionologist, licensed counseling staff, and a core of
referral specialists;
(6) Provide
adequate detoxification services, including medical support and motivational
support with no use of mood-altering drugs past detoxification period unless
prescribed by a practitioner consistent with Section 3 of this administrative
regulation;
(7) Provide
clearly-stated costs and fees for services, and offer fee schedules and
flexibility in payment plans to accommodate participants who are underinsured
or experiencing financial difficulties;
(8) Demonstrate willingness to provide
information to the alternative program regarding the status of the participant
after appropriate consents to release information are obtained;
(9) Work closely with the alternative program
staff to assure proper implementation and administration of policies and
procedures related to the program;
(10) Maintain timely and accurate
communication with program staff, including assessments, diagnosis, prognosis,
discharge summary and follow-up recommendations as well as reports on
significant events which occur in treatment that are related to impairment and
the ability to practice safely; and
(11) Provide monthly written reports of
progress.
STATUTORY AUTHORITY: KRS 327.040(14), 327.045
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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