317-A:16-a Professionals' Health Program. –
I. Any peer review committee may report relevant facts to the board relating to the acts of any dentist in this state if it has knowledge relating to the dentist which, in the opinion of the peer review committee, might provide grounds for disciplinary action as specified in RSA 317-A:17, II.
II. Any committee of a professional society comprised primarily of dentists, its staff, or any district or local intervenor participating in a program established to aid dentists impaired or potentially impaired by mental or physical illness including substance abuse or disruptive behavior may report in writing to the board the name of a dentist whose ability to practice dentistry safely is impaired or could reasonably be expected to become impaired if the condition is allowed to progress together with the pertinent information relating to the dentist's impairment. The board may report to any committee of such professional society or the society's designated staff information which it may receive with regard to any dentist who may be impaired by a mental or physical illness including substance abuse or disruptive behavior. In this chapter, "disruptive behavior" means any abusive conduct, including sexual or other forms of harassment, or other forms of verbal or non-verbal conduct that harms or intimidates others to the extent that quality of care of patient safety could be compromised.
III. Notwithstanding the provisions of RSA 91-A, the records and proceedings of the board, compiled in conjunction with a peer review committee, shall be confidential and shall not be considered open records unless the affected dentist so requests; provided, however, the board may disclose this confidential information only:
(a) In a disciplinary hearing before the board or in a subsequent trial or appeal of a board action or order;
(b) To the dentist licensing or disciplinary authorities of other jurisdictions; or
(c) Pursuant to an order of a court of competent jurisdiction.
IV. (a) No employee or member of the board, peer review committee member, dental organization committee member, dental organization district, or local intervenor furnishing in good faith information, data, reports, or records for the purpose of aiding the impaired dentist shall by reason of furnishing such information be liable for damages to any person.
(b) No employee or member of the board or such committee, staff, or intervenor program shall be liable for damages to any person for any action taken or recommendations made by such board, committee, or staff unless the person is found to have acted recklessly or wantonly.
V. The board may contract with other organizations to operate the professionals' health program for dentists who are impaired or potentially impaired because of mental or physical illness including substance abuse or disruptive behavior. This program shall be available to all dentists licensed in this state and all dentists seeking licensure in this state, and shall include, but shall not be limited to, education, intervention, ongoing care or treatment, and post-treatment monitoring.
VI. Upon a determination by the board that a report submitted by a peer review committee or professional society committee is without merit, the report shall be expunged from the dentist's individual record in the board's office. A dentist or authorized representative shall be entitled on request to examine the peer review or the organization committee report submitted to the board and to place into the record a statement of reasonable length of the dentist's view with respect to any information existing in the report.
VII. Rules governing the professional health program shall be implemented through the office of professional licensure and certification pursuant to RSA 310.
Source. 2018, 316:8, eff. Aug. 24, 2018. 2021, 197:41, eff. July 1, 2021. 2023, 112:10, eff. July 1, 2023; 235:17, eff. July 15, 2023.