(1) The board shall establish an impaired physical therapy practitioners committee to promote the early identification, intervention, treatment, and rehabilitation of physical therapists and physical therapists' assistants who may be impaired by reason of illness or of alcohol or drug abuse, or as a result of any physical or mental condition. (2) The board may enter into a contractual agreement with a nonprofit corporation, physical therapy professional organization, or similar organization for the purpose of creating, supporting, and maintaining an impaired physical therapy practitioners committee. (3) The board may promulgate administrative regulations in accordance with KRS Chapter 13A to effectuate and implement a committee formed by the provisions of this section. (4) Beginning January 1, 2001, the board shall collect an assessment fee n ot to exceed twenty dollars ($20) per licensee or certificate holder, payable to the board, to be added to each licensure and certification renewal application fee. Proceeds from the assessment shall be expended on the operation of an impaired physical the rapy practitioners committee formed by the provisions of this section. The fee shall be set by the promulgation of administrative regulations. (5) Members of an impaired physical therapy practitioners committee, any administrator, staff member, consultant, agent, volunteer, or employee of the committee acting within the scope of their duties and without actual malice, and all other persons who furnish information to the committee in good faith and without actual malice shall not be liable for any claim or d amages as a result of any statement, decision, opinion, investigation, or action taken by the committee or by an individual member of the committee. (6) All information, interviews, reports, statements, memoranda, or other documents furnished to or produce d by the impaired physical therapy practitioners committee, all communication to or from the committee, and all proceedings, findings, and conclusions of the committee, including those relating to intervention, treatment, or rehabilitation, which in any wa y pertain or refer to a physical therapist or physical therapist's assistant who is or may be impaired, shall be privileged and confidential. (7) All records and proceedings of the committee that pertain or refer to a licensee or a certificate holder who m ay be, or actually is, impaired shall be privileged and confidential and shall be used by the committee and its members only in the exercise of the proper function of the committee and shall not be considered public records and shall not be subject to cour t subpoena and subject to discovery or introduction as evidence in any civil, criminal, or administrative proceedings except as described in subsection (8) of this section. (8) The committee may disclose information relative to an impaired physical therapi st or physical therapist's assistant only when: (a) It is essential to disclose the information to persons or organizations needing the information in order to address the intervention, treatment, or rehabilitation needs of the impaired practitioner; (b) Its release is authorized in writing by the impaired physical therapist or physical therapist's assistant; or (c) The information is subject to court order. (9) The impaired physical therapy practitioners committee shall make an annual report to the board.
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