Current through Register Vol. 39, No. 6, September 16, 2024
(a) A Review
Committee exists for Participants to request reconsideration of Program staff
findings and recommendations in the following areas:
(1) General nature of diagnosis;
(2) Need for additional assessment beyond
Program;
(3) Need for
treatment;
(4) Need for monitoring
by Program; or
(5) Closure of file
or loss of Program advocacy;
(b) The Review Committee shall have three
primary members and three alternate members. The Program Executive Committee
shall nominate all potential members. The Program Board of Directors shall
appoint members to the Review Committee. Review Committee members shall not be
current members of the Program Compliance Committee, the Program Board of
Directors, or the North Carolina Medical Board, nor shall they have served in
those organizations within two years of their appointment to the Review
Committee.
(c) Two primary Review
Committee members shall be clinicians, including one physician and one person
with relevant clinical experience with substance use disorders. One Review
Committee member, either primary or alternate, shall be a physician
assistant.
(d) A Participant who
wishes to challenge one of the matters included in Paragraph (a) of this Rule
shall deliver to the Chair of the Board of Directors a written request for
review of the matter within ten days of being notified of the matter giving
rise to the disagreement. Prior to the Review Committee considering the
request, the Participant shall:
(1) Sign a
release allowing Program staff to share all information with Review Committee
members;
(2) Agree to abide by the
finding of the Review Committee;
(3) Agree that all decisions by the Review
Committee shall be final; and
(4)
Sign a form releasing Program and the Review Committee from legal liability for
activities conducted in good faith consistent with the provisions of
G.S.
90-21.22(f).
(e) At any time prior to the
Review Committee undertaking the request for reconsideration, the Participant
and Program staff may attempt to resolve the disagreement prior to the Review
Committee meeting.
(f) The Chair of
the Board of Directors shall empanel the three primary members of the Review
Committee to act on the request for reconsideration. In the event one or more
primary members are not available, the Chair of the Board of Directors shall
select from the alternate members to constitute a panel of three
members.
(g) The Review Committee
shall meet and the Participant and Program staff shall appear by teleconference
within 30 days after receipt of the written request for reconsideration.
(1) At least five days prior to the
teleconference meeting, Program staff and the Participant shall furnish to each
other and to the Review Committee any materials they would like the Review
Committee to consider. However, information provided to the Program from the
Board regarding a Participant shall be provided pursuant to
G.S.
90-16(c), and the
information, including reports of investigation and attachments thereto, shall
remain confidential and shall not be provided to the Participant.
(2) The teleconference shall last no more
than one hour.
(3) If the
Participant is a physician assistant, a physician assistant member of the
Review Committee shall be included in the Review Committee.
(4) The Review Committee, Participant, and
Program staff shall announce the names of all persons present on the phone call
prior to the teleconference commencing. The Participant shall be allowed not
less than 15 minutes to make a presentation followed by questions of the
Participant and Program staff by Review Committee members. A Participant is
permitted to be represented by counsel, and that counsel may participate in the
meeting. The Review Committee process is not a legal or quasi-judicial
proceeding and shall not be governed by the Rules of Evidence, Rules of Civil
Procedure, or the Administrative Procedures Act. Participant and Program staff
have no right to question or examine Program staff or Participant. Participant
and Program staff have no right to question or examine Review Committee
members.
(5) After the presentation
and questioning, the Review Committee shall discuss the request for
reconsideration without the presence of the Participant or Program staff. After
completing the discussion, the Review Committee shall announce its
decision.
(6) The Review Committee
shall choose among the assessment, treatment, and monitoring options provided
by Program staff and the Participant. The Review Committee shall not consider
options for assessment, treatment, or monitoring not provided by Program staff
or the Participant, unless new information is provided to the Review
Committee.
(7) The Review Committee
shall reduce its decision to writing and provide a copy of its written decision
to the Participant and Program staff within five business days.
(8) The Review Committee's decision shall be
binding upon the Program and the Participant.
(9) The Program staff shall make an official
recording of the teleconference meeting and preserve the recording. The
Participant shall be allowed to make a recording of the meeting.
(h) After completion of the
review, new or additional review requests may be made by the Participant if
there are new findings or recommendations by the Program regarding the
Participant.
Authority
G.S.
90-21.22;
Eff. July 1,
2017.
