SECTIONS 4360-4373 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 4360-4373

4360. The board shall operate a pharmacists recovery program to
rehabilitate pharmacists and intern pharmacists whose competency may
be impaired due to abuse of alcohol, drug use, or mental illness. The
intent of the pharmacists recovery program is to return these
pharmacists and intern pharmacists to the practice of pharmacy in a
manner that will not endanger the public health and safety.

4361. (a) "Participant" means a pharmacist or intern pharmacist who
has entered the pharmacists recovery program.
(b) "Pharmacists recovery program" means the rehabilitation
program created by this article for pharmacists and intern
pharmacists.

4362. (a) A pharmacist or intern pharmacist may enter the
pharmacists recovery program if:
(1) The pharmacist or intern pharmacist is referred by the board
instead of, or in addition to, other means of disciplinary action.
(2) The pharmacist or intern pharmacist voluntarily elects to
enter the pharmacists recovery program.
(b) A pharmacist or intern pharmacist who enters the pharmacists
recovery program pursuant to paragraph (2) of subdivision (a) shall
not be subject to discipline or other enforcement action by the board
solely on his or her entry into the pharmacists recovery program or
on information obtained from the pharmacist or intern pharmacist
while participating in the program unless the pharmacist or intern
pharmacist would pose a threat to the health and safety of the
public. However, if the board receives information regarding the
conduct of the pharmacist or intern pharmacist, that information may
serve as a basis for discipline or other enforcement by the board.

4364. (a) The board shall establish criteria for the participation
of pharmacists and intern pharmacists in the pharmacists recovery
program.
(b) The board may deny a pharmacist or intern pharmacist who fails
to meet the criteria for participation entry into the pharmacists
recovery program.
(c) The establishment of criteria for participation in the
pharmacists recovery program shall not be subject to the requirements
of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code.

4365. The board shall contract with one or more qualified
contractors to administer the pharmacists recovery program.

4366. The functions of the contractor administering the pharmacists
recovery program shall include, but not be limited to, the
following:
(a) To evaluate those pharmacists and intern pharmacists who
request participation in the program.
(b) To develop a treatment contract with each participant in the
pharmacists recovery program.
(c) To monitor the compliance of each participant with their
treatment contract.
(d) To prepare reports as required by the board.
(e) To inform each participant of the procedures followed in the
program.
(f) To inform each participant of their rights and
responsibilities in the program.
(g) To inform each participant of the possible consequences of
noncompliance with the program.

4369. (a) Any failure to comply with the treatment contract,
determination that the participant is failing to derive benefit from
the program, or other requirements of the pharmacists recovery
program may result in the termination of the pharmacist's or intern
pharmacist's participation in the pharmacists recovery program. The
name and license number of a pharmacist or intern pharmacist who is
terminated from the pharmacists recovery program and the basis for
the termination shall be reported to the board.
(b) Participation in the pharmacists recovery program shall not be
a defense to any disciplinary action that may be taken by the board.
(c) No provision of this article shall preclude the board from
commencing disciplinary action against a licensee who is terminated
from the pharmacists recovery program.

4371. (a) The executive officer of the board shall designate a
program manager of the pharmacists recovery program. The program
manager shall have background experience in dealing with substance
abuse issues.
(b) The program manager shall review the pharmacists recovery
program on a quarterly basis. As part of this evaluation, the program
manager shall review files of all participants in the pharmacists
recovery program.
(c) The program manager shall work with the contractor
administering the pharmacists recovery program to evaluate
participants in the program according to established guidelines and
to develop treatment contracts and evaluate participant progress in
the program.

4372. All board records and records of the pharmacists recovery
program pertaining to the treatment of a pharmacist or intern
pharmacist in the program shall be kept confidential and are not
subject to discovery, subpoena, or disclosure pursuant to Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code. However, board records and records of the
pharmacists recovery program may be disclosed and testimony provided
in connection with participation in the pharmacists recovery program,
but only to the extent those records or testimony are relevant to
the conduct for which the pharmacist or intern pharmacist was
terminated from the pharmacists recovery program.

4373. No member of the board shall be liable for any civil damages
because of acts or omissions that may occur while acting in good
faith pursuant to this article.