Current through Register Vol. 24-18, September 15, 2024
(1) In lieu of
disciplinary action, the chiropractor may accept commission referral into the
approved substance abuse monitoring program.
(a) The chiropractor shall undergo a complete
physical and psychosocial evaluation before entering the approved monitoring
program. This evaluation shall be performed by health care professional(s) with
expertise in chemical dependency. The person(s) performing the evaluation shall
not also be the provider of the recommended treatment.
(b) The chiropractor shall enter into a
contract with the commission and the approved substance abuse monitoring
program to comply with the requirements of the program which shall include, but
not be limited to:
(i) The chiropractor shall
undergo intensive substance abuse treatment in an approved treatment
facility.
(ii) The chiropractor
shall agree to remain free of all mind-altering substances including alcohol,
except for medications prescribed by an authorized prescriber, as defined in
RCW
69.41.030 and
69.50.101.
(iii) The chiropractor must complete the
prescribed aftercare program of the intensive treatment facility, which may
include individual and/or group psychotherapy.
(iv) The treatment counselor(s) shall provide
reports to the approved monitoring program at specified intervals. Reports
shall include treatment, prognosis, and goals.
(v) The chiropractor shall submit to random
drug screening as specified by the approved monitoring program.
(vi) The chiropractor shall attend support
groups facilitated by a health care professional and/or twelve-step group
meetings as specified by the contract.
(vii) The chiropractor shall comply with
specified employment conditions and restrictions as defined by the
contract.
(viii) The chiropractor
shall sign a waiver allowing the approved monitoring program to release
information to the commission if the chiropractor does not comply with the
requirements of this contract.
(c) The chiropractor is responsible for
paying the costs of the physical and psychosocial evaluation, substance abuse
treatment, and random drug screens.
(d) The chiropractor may be subject to
disciplinary action under
RCW
18.130.160 if the chiropractor does not
consent to be referred to the approved monitoring program, does not comply with
specified employment restrictions, or does not successfully complete the
program.
(2) A
chiropractor who is not being investigated by the commission or subject to
current disciplinary action or currently being monitored by the commission for
substance abuse may voluntarily participate in the approved substance abuse
monitoring program without being referred by the commission. Such voluntary
participants shall not be subject to disciplinary action under
RCW
18.130.160 for their substance abuse, and
shall not have their participation made known to the commission if they meet
the requirements of the approved monitoring program as defined in subsection
(1) of this section.
(3) The
treatment and pretreatment records of license holders referred to or
voluntarily participating in approved monitoring programs shall be
confidential, shall be exempt from RCW 42.17.250 through 42.17.450 and shall
not be subject to discovery by subpoena or admissible as evidence except for
monitoring records reported to the disciplinary authority for cause as defined
in subsection (1) of this section. Records held by the commission under this
section shall be exempt from RCW 42.17.250 through 42.17.450 and shall not be
subject to discovery by subpoena except by the license holder.
Statutory Authority: Chapter 18.25 RCW. 96-16-074, §
246-808-830, filed 8/6/96, effective
9/6/96.
