4360.  It is the intent of the Legislature that the board seek ways
and means to identify and rehabilitate pharmacists whose competency
may be impaired due to abuse of alcohol and other drugs, or due to
mental illness, so that these pharmacists may be treated and returned
to the practice of pharmacy in a manner that will not endanger the
public health and safety.  It is also the intent of the Legislature
that the board shall implement this legislation by establishing a
diversion program as a voluntary alternative to traditional
disciplinary actions.


4361.  As used in this article:
   (a) "Diversion program" means a rehabilitation program designed
and administered by a contracting Employee Assistance Program,
available to the board in conjunction with, or as an alternative to,
other traditional sanctions that the board may impose upon
pharmacists pursuant to disciplinary actions within its jurisdiction.

   (b) "Employee assistance program" means an agency or organization
that provides confidential assessments and referral services for
persons experiencing problems related to alcohol, drug abuse, or
mental illness.
   (c) "Pharmacists recovery program" or "program" means the
rehabilitation program created by this article for pharmacists whose
competency may be threatened or diminished due to abuse of alcohol or
other drugs.
   (d) "Volunteer intervenor" means a pharmacist recruited through a
pharmacists' professional association who is available and trained to
assist pharmacists seeking the benefits of the pharmacist's recovery
program.


4362.  The program shall fulfill two distinct functions.  It shall
serve as a diversion program to which the board may refer
licentiates, where appropriate, instead of, or in addition to, other
means of disciplinary action, and it shall be a confidential source
of treatment for pharmacists who, on a strictly voluntary basis and
without the knowledge of the board, desire to avail themselves of its
services.



4363.  The board shall administer this article, provided that the
names and all identifying information pertaining to those pharmacists
who voluntarily seek the services of the program, apart from the
institution of any disciplinary action of the board, shall not be
disclosed to the board, except as provided in Sections 4370 and 4371.




4364.  The board shall establish criteria for the participation of
pharmacists in the recovery program.



4365.  The board shall contract with one or more employee assistance
programs to administer the pharmacists recovery program statewide.
The contractor shall be selected through a competitive bid process,
and the contract may be renewed annually.



4366.  The functions of the employee assistance program shall
include the following:
   (a) To evaluate those pharmacists who request participation in the
program according to the guidelines prescribed by the board.
   (b) To review and designate those treatment facilities and
services to which pharmacists in the program may be referred.
   (c) To receive and review information concerning a pharmacist's
participation in the program.
   (d) To assist pharmacists' professional associations in
publicizing the program.
   (e) To prepare reports to be submitted to the board.



4367.  The board shall designate a program coordinator whose
responsibilities shall include the following:
   (a) To serve as liaison between the board and the employee
assistance program.
   (b) To monitor and evaluate the employee assistance program.
   (c) To assist the board enforcement unit in tracking pharmacists
referred to the program as part of, or alternative to, disciplinary
proceedings.



4368.  The board shall contract with a pharmacists' professional
association with statewide representation for the following purposes:

   (a) To coordinate the voluntary participation in the program.
   (b) To recruit volunteer intervenors and to train them.
   (c) To promote the program within the profession and to the
public.
   (d) To establish and maintain a 24-hour statewide toll-free
telephone "hotline" service.
   (e) To report to the board on these functions.




4369.  (a) The board shall inform, in writing, each pharmacist
referred to the employees assistance program as part of a board
action of the procedures followed in the program, of the rights and
responsibilities of the pharmacist in the program, and of the
possible consequences of noncompliance with the program.
   (b) Any failure to comply with the provisions of the treatment
program may result in the termination of the pharmacist's
participation in the diversion program.  The name and license number
of a pharmacist who is terminated for failure to comply with the
provisions of the treatment program and the basis for the termination
shall be reported to the board.
   (c) Participation in a program under this article shall not be a
defense to any disciplinary action that may be taken by the board.
Further, no provision of this article shall preclude the board from
commencing disciplinary action against a licensee who is terminated
from a program under this article.



4370.  (a) The employee assistance program shall inform, in writing,
each pharmacist who voluntarily participates in the diversion
program without referral by the board of the procedures followed in
the program, of the rights and responsibilities of the pharmacist in
the program, and of the possible consequences of noncompliance with
the program.
   (b) The board shall be informed of the pharmacist's noncompliance
with the treatment program if the employee assistance program
determines that the pharmacist's resuming the practice of pharmacy
would pose a threat to the health and safety of the public.  The
board shall be informed of the basis for the pharmacist's termination
and of the determination that the pharmacist's resuming the practice
of pharmacy would pose a threat to the health and safety of the
public.
   (c) Participation in a program under this article shall not be a
defense to any disciplinary action that may be taken by the board.
Further, no provision of this article shall preclude the board from
commencing disciplinary action against a licensee who is terminated
from a program under this article.



4371.  The board shall review the activities of the employee
assistance program on a quarterly basis.  As part of this evaluation,
the board shall review files of all participants in the diversion
program.  Names of those pharmacists who entered the program
voluntarily without the knowledge of the board shall remain
confidential from the board except when monitoring by the board
reveals misdiagnosis, case mismanagement, or noncompliance by the
participant.


4372.  All board records and records of the employee assistance
program pertaining to the treatment of a pharmacist in the program
shall be kept confidential and are not subject to discovery or
subpoena.  However, board records and records of the employee
assistance program may be disclosed and testimony provided in
connection with participation pursuant to Section 4369 or 4370, but
only to the extent those records or testimony are relevant to the
conduct for which the pharmacist was terminated from the program.



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