- (a) Reports and information furnished to the Arkansas State Medical Board relative to the HbeAg, HCV, or HIV status of a practitioner shall not be deemed to constitute a public record but shall be deemed and maintained by the board as confidential and privileged as a medical record and shall not be subject to disclosure by means of subpoena in any judicial, administrative, or investigative proceeding, provided that the practitioner adheres to the rules of the board and is willing to subject himself or herself to counseling, review, and monitoring by the board or its designated agent.
- (b) Upon the board learning that a practitioner is HbeAg or HIV seropositive, the board or the board’s agents will make contact with said practitioner, review the rules of the board, and set up a process of monitoring that individual’s practice.
- (c) The monitoring of practitioners and disciplining of practitioners as set forth in this subpart will be reported to the Department of Health but will remain confidential.
- (d) If the practitioner does not comply with this subpart, that practitioner will be deemed to have been grossly negligent and committed ignorant malpractice, and further, that practitioner would be physically incompetent to practice medicine to such an extent as to endanger the public, thus subjecting the practitioner to a disciplinary hearing and possible sanctioning of his or her license.