Impaired Practitioners

Impaired Practitioners

In 2011, both the American Medical Association (AMA) and Federation of State Medical Boards (FSMB) issued policies regarding physician health and impairment, highlighting the impact of impaired practitioners on the healthcare community. While impairment often connotes substance abuse in the minds of many both the AMA and FSMB define impairment to include mental, physical and behavioral conditions that interfere with the ability to safely practice. If you have not personally dealt with a colleague, partner or employee within the healthcare community that has been impacted by impairment, you most likely know someone who has dealt with this sensitive issue.

Whether a condition exists that could impair a practitioner’s ability to safely practice is a determination that should be made by the appropriate third party (e.g. psychiatrist, neuropsychologist, certified drug and alcohol counselor, physician). However, learning to recognize possible impairment and knowing how to respond appropriately not only helps protect patients, but may help the potentially impaired practitioner find the help they need to continue, or return, to practice. Impairment, be it substance abuse or a mental health condition, can often be addressed proactively if the impaired individual is willing to participate.

However, impairment can lead to circumstances that require a report to be made to the appropriate entity, be it a hospital, the Nevada State Board of Medical Examiners (NSBME), the Nevada State Board of Osteopathic Medicine (NSBOM), or other state licensing agency. Practitioners should be aware of their statutory duty to report suspected impairment in certain circumstances.

While hospitals and other medical facilities have bylaws or other policies that direct how possible provider impairment is to be addressed, the issue becomes less clear in a practice setting.

Proactively developing a plan to discuss how a potential impairment issue should be addressed may save you from having to make difficult decisions at a time of potential crisis.

Finally, do not ignore potential impairment issues. Not only will you help protect patients from possible harm, but the great majority of practitioners who receive the appropriate help can continue to have long, successful careers in healthcare.

If you or your practice is struggling with how to address an impaired provider situation or wish to proactively develop strategies to address such issues when they arise, the attorneys of Nutile Pitz &Associates can help you through the process.