(a) physical or mental condition that interferes with or is
significantly likely to interfere with the worker's ability to perform
assigned tasks or regular duties;
(b) lack of compliance with established guidelines to prevent
transmission of disease and/or documentation or evidence of previous
transmission of bloodborne pathogens;
(c) the appropriateness of techniques as related to performance of
procedures; and
(d) any health condition that would pose a significant risk to others.
3. When the panel recommends training, monitoring, reassignment, any
similar action, or practice restrictions, the health care worker shall
provide written assurance to the panel that he/she has informed
facilities licensed by the department where the worker provides patient
care of the panel's recommendations and shall identify the person or
persons at the facilities so informed. If the health care worker fails
to inform facilities licensed by the department where he/she provides
patient care of the panel's recommendations, the panel shall so notify
such facilities. If the health care worker fails to comply with the
panel's recommendations or compliance cannot be determined by the panel
after reasonable effort, the panel shall disclose the nature of its
recommendations to the professional licensing, registration or
certification boards relevant to the health care worker. The panel may
periodically monitor and reevaluate the worker, with the worker's
consent, at a frequency and through a mechanism to be determined by
agreement between the worker and the panel.
4. The information received by the panel, the record of deliberations
of the panel, and the decisions of the panel are not disclosable
pursuant to article six of the public officers law. If the health care
worker fails to comply with the recommendations of the panel or
compliance cannot be determined by the panel after reasonable effort,
information held by the panel, the panel's deliberations and
recommendations may be disclosed to and utilized by the office of
professional medical conduct, the office of professional discipline and
appropriate disciplinary bodies. The meetings of the panel are not
subject to article seven of the public officers law. The members of the
panel are bound by article six-A of the public officers law (personal
privacy protection law).
5. A health care worker's petition to the panel shall not prevent or
preclude the worker from seeking relief in any other forum at any time.
6. The commissioner may promulgate regulations implementing this
article.