653—14.11 (272C) Board referrals to the Iowa physician health program.
	   14.11(1) Eligibility for board referral to IPHP. The board may refer to the IPHP a licensee or applicant for whom the following circumstances apply:
	      a.    	 The applicant or licensee has a potential impairment as defined in rule 653—14.2(272C).
	      b.    	 The board determines that the applicant or licensee is an appropriate candidate for participation in the IPHP.
Note: A licensee who is the subject of a formal board disciplinary order relating to an impairment must demonstrate a sufficient period of compliance with the disciplinary order before referral to the IPHP.
	      c.    	 The IPHC determines that the applicant or licensee is an appropriate candidate for participation in the IPHP.
	   14.11(2) Referral process.
	      a.    	 Determination of whether an applicant or licensee is appropriate for referral to the IPHP is in the sole discretion of the board. Upon the board’s approval, a referral shall be made to the IPHP and board staff shall provide relevant information about the applicant or licensee to the IPHC.
	      b.    	 The IPHC shall make a determination whether the applicant or licensee is an appropriate candidate for participation in the IPHP. Upon this determination, the IPHC shall offer the referred applicant or licensee a health contract which provides a detailed description of the goals of the program, the requirements for successful participation, and the applicant’s or licensee’s obligations therein. See 653—14.6(272C).
	      c.    	 If the IPHC finds that the applicant or licensee is not an appropriate candidate for participation in the IPHP or if the applicant or licensee fails to sign the initial agreement or contract in the time period specified by the IPHC, the IPHC shall notify the board promptly.
	      d.    	 When the referred applicant or licensee signs the contract, the IPHC shall notify the board.
	      e.    	 Upon notification that the contract has been finalized for a participant who is the subject of a formal board disciplinary order relating to the impairment, the board shall file an order referring the licensee to the IPHP, and that order shall be a public record.
	      f.    	 The IPHC shall notify the board upon the participant’s successful completion of the program. The board may file an order recognizing the participant’s successful completion of the program in cases where the referral was included in a public record. An order recognizing completion of the program shall be a public record.
	      g.    	 Referral of an applicant or licensee by the board to the IPHP shall not relieve the board of any duties of the board and shall not divest the board of any authority or jurisdiction otherwise provided. Upon referral, the applicant or licensee shall be subject to the provisions of 653—Chapter 14. Specifically, the applicant or licensee shall be subject to board review and potential formal disciplinary action pursuant to subrule 14.7(2) for noncompliance with the provisions of the IPHP health contract.
	   14.11(3) Investigation and disciplinary action on referrals. Rescinded IAB 6/30/10, effective 8/4/10.
[ARC 8917B, IAB 6/30/10, effective 8/4/10; ARC 1188C, IAB 11/27/13, effective 1/1/14]