PROVIDES CONFIDENTIAL NON-DISCIPLINARY INDIVIDUALIZED MONITORING PROGRAMS
In the 1994 legislative session the Health Professional Services Program (HPSP) was created. The purpose of the program is to provide a confidential non-disciplinary monitoring program to licensees who are unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or psychological condition. The program creates individualized monitoring programs to fit the specific condition and circumstances of the participant. This program is implemented through an agreement between the participant and HPSP, which requires cooperation and compliance from the participant, and which ensures that HPSP has access to information which confirms the participants adherence to the program and progress within it. The program can be terminated:
1. Upon successful completion by the participant;
2. Voluntarily by the participant by a report to the appropriate licensing board;
3. By the program manager for cause including non-compliance, inability to obtain information confirming adherence to the program, or reason to believe that the regulated person has violated his or her practice act.
Termination by the program manager must be reported to the appropriate regulatory board.
A report submitted to HPSP regarding the inability to practice by reason of the conditions previously listed, either in the form of a self-report or via a third party report, fulfill the reporting obligations regarding those conditions. However, it must be pointed out that a licensee now has an affirmative obligation to report inability to practice because of disability to either the Board or to HPSP.
214.33 Subd. 2. [Self-Reporting] A person regulated by a participating board who is unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals or any other materials, or as a result of any mental, physical or psychological condition shall report to the persons board or to the program.
Licensees are ineligible for the program if:
1. They have diverted controlled substances for other than self-administration;
2. They have been terminated from Minnesotas, or any other states Professional Services Program;
3. They are currently under a board disciplinary order or corrective action agreement, unless referred by the board;
4. They are being monitored regarding HIV or HBV positive status, under sections 214.17 through 214.25, unless referred by the commissioner of health or a regulatory board;
5. They have been accused of sexual misconduct; or
6. Their continued practice would create a serious risk of harm to the public.
Reports to HPSP and compliant, successful participation in HPSPs individualized programs do not involve a participants license, and are not reportable to a licensing board or the National Practitioners Data Bank, unless the participant violates the terms or his or her agreement with HPSP.
Besides Chiropractors, other professionals eligible for participation with HPSP are those regulated by the boards of Dentistry, Marriage and Family Therapy, Medicine, Nursing, Pharmacy, Podiatric Medicine, Social Work, and Veterinary Medicine.
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