Facts and FAQs

In addition to following any workplace specific policies and procedures, there are several ways you could approach this situation. Consider having a private conversation with the colleague in question, expressing your observations without making accusations. For example, you could say “I am concerned about you. You don’t seem like your usual self lately. I’ve noticed you’re often unavailable when we need you and have been short with your responses to patients. Is everything okay?” Share your genuine concern for their well-being and performance. If they are willing to talk to you, you can inform them about UPHP services and support them in self-reporting to UPHP.

If your concerns remain unresolved or you don’t feel comfortable talking to them directly, challenging as it may be, reporting a potentially impaired colleague is a courageous act of compassion. If you are a supervisor, employer, co-worker, or family member concerned about a healthcare professional, you can contact us by phone or email. A clinical staff member will respond, listen to your concerns and provide information and suggestions. The professionals themselves can also contact us directly. We can reach out to your colleague or loved one and let them know that concerns have been expressed (we will not provide your name unless you would like to be involved). We will invite the healthcare professional to meet with us to discuss concerns, offer support and plan next steps. In most cases, we will request that the healthcare professional undergo an evaluation to help clear up concerns. From there, we can work with the professional to create a roadmap to address concerns.

If a provider you know is unable to perform their professional duties in a reasonable, safe manner consistent with professional standards, they could endanger patients. Warning signs can include increased absenteeism, subtle changes in behavior or appearance that may increase in severity over time; deteriorating job performance and progress notes; mood swings and personality changes; overreaction to situations that are out of character from the past or volunteering to assist with patients who are prescribed or need to be administered pain medications.

Impairment is defined as the condition of being unable to perform one’s professional duties and responsibilities in a reasonable manner and consistent with professional standards. Cognitive function, judgment, reaction time, and ability to handle stress are increasingly affected. As impairment progresses the potential for compromised patient care increases.

Impairment may result from dependence or use of mind-altering substances; distorted thought processes resulting from mental health issues or physical condition; or disruptive social tendencies. Coworkers and staff of impaired professionals often feel frustrated and helpless. Staff morale and performance tend to deteriorate while the impaired professional becomes more disabled. Associated problems usually stay unresolved without effective intervention and treatment of the impairing or potentially impairing condition. Reaching the individual prior to overt impairment at work is important.

Yes, UPHP can help. We can help by participating in a meeting with the physician or other healthcare professional. We can refer the physician for intensive evaluation to look for physical, psychiatric or substance abuse problems that might be present. Call us and we can provide additional information and guidance on this difficult subject.

You should always check with the laws and rules governing your profession when it comes to determining whether you are required to report a colleague; some license holders are required to report colleagues, others are not. In most circumstances, you do not have a general affirmative duty to report, but reporting your concerns to UPHP can be the first step in supporting their wellbeing. Please be aware, in cases where there is a requirement to report, a referral to UPHP does not absolve required reporting to the Division and/or any other applicable law enforcement agency or official. In this case, we would encourage you to make a report to both the Investigations Division at DOPL and to UPHP simultaneously.

Confidential Monitoring is available to professionals licensed in Utah under the following Practice Acts:

• Physician Licensing Act
• Pharmacy Practice Act
• Veterinary Practice Act
• Nurse Practice Act
• Utah Medical Practice Act
• Utah Osteopathic Medical Practice Act
• Dentist and Dental Hygienist Practice Act
• Utah Physician Assistant Act
• Licensees conducting Mental Health Therapy under Title 58, Chapter 60, Mental Health Professional Practice Act
• Psychologist Licensing Act

As substance use disorder is recognized by experts as a chronic, relapsing disease much like cardiac disease, diabetes or asthma, UPHP monitoring is the most effective strategy to support your well-being. Healthcare professionals who are enrolled with UPHP for monitoring and advocacy services experience recovery and success rates significantly higher than those of the general population—on average 90 percent. Further, a Monitoring Agreement does not require you to be impaired. In fact, our goal is to prevent impairment from occurring. In the past, problems would not be identified until there were significant negative consequences such as lawsuits, loss of licensure, or loss of employment. The medical community has become more proactive, recognizing the need to help our providers address concerns before it affects patient care.

You may be eligible to participate in UPHP again. Please contact call us to discuss your concerns or self-report

The decision to require someone to refrain from practice and the actual length someone is removed from practice will depend on several factors that UPHP must consider in determining if you are safe to work. These factors may include but are not limited to results of the clinical diagnostic evaluation; history and severity of substance use or mental health issues; whether you diverted substances from the workplace; current medical condition; progress as demonstrated by following steps to determine eligibility for UPHP; whether you are a risk to the public; and continued abstinence from substances as demonstrated through toxicology testing. In some cases, you may be granted the ability to remain practicing with restrictions on your practice, such as limits on the shift hours, limited access to narcotics, or restrictions on home visits. The ultimate goal is to return you to practice.

Generally, the program length is 5 years.

UPHP does not collect or charge a monitoring fee for participants. The cost to administer the program is paid for by licensing fees. Participants are responsible for costs of evaluation, treatment and toxicology testing.

No. Although we are housed within a regulatory agency, DOPL does not report participation in UPHP to the NPD.

Prior to becoming a participant in UPHP, there are times an employer may need to be aware of the licensee’s situation. This could include if an employer refers a licensee to UPHP because of concerns of impairment at work or if the employer needs to help the individual regarding time off from work. UPHP encourages licensees to be transparent with their employers so that we can coordinate together. Substance use and mental health disorders are all medical conditions that qualify for FMLA, which helps protect the licensee’s position while they are receiving treatment. We also encourage employers to be supportive of their employees during these times so that Licensees can come back to work safely.

Once a licensee becomes a participant in UPHP, they will be required to have a worksite liaison. The worksite liaison serves as a valuable link between the licensee, UPHP, and the workplace. Their role encompasses ensuring confidentiality, providing education and support, collaborating with employers, monitoring progress, and addressing workplace concerns, all aimed at facilitating the licensee’s successful recovery and professional reintegration.

Upon referral of an individual with a suspected illness, and given sufficient evidence, the individual is required to undergo an independent evaluation with a UPHP approved evaluator. Such evaluators have been approved, due to their credentials and expertise in evaluation/treatment of healthcare practitioners. UPHP will typically offer the referred individual three (3) options (if available) for evaluators based upon the suspected impairment, the intensity/severity of the situation, the safety-sensitive nature of the profession and the geographical location when possible. Evaluations will vary from an individual to a multidisciplinary evaluation. A second opinion evaluation by a UPHP approved evaluator is allowed if the practitioner disagrees with the original recommendations. Second opinion evaluations must be a multidisciplinary evaluation.

When there is a recommendation for treatment following evaluation, UPHP will again typically offer three options for an approved provider. This selection will be based on the illness identified, the type of treatment needed, the intensity of treatment required and the geographic location when possible. Treatment modalities will vary from office follow-up for medication management and/or therapy to extended residential treatment for several months.