1.    Notwithstanding section 44-04-18, except as otherwise provided in this chapter, all physician health program records containing identifying information about a licensee participant are confidential and may not be disclosed:

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a. To any third person, unless disclosure is reasonably necessary for the accomplishment of the purposes of intervention, rehabilitation, referral assistance, or support services; or

b.    In any legal or administrative proceeding, unless privilege or disclosure is otherwise required by law, requested by the board for formal disciplinary action, or regarding participant noncompliance with the program.

2.    Except as provided under this section, a staff member handling records for administrative purposes; a person engaged by the program to perform evaluations, monitoring, or followup; and a person in attendance at any meeting of a physician health program or of a committee or designated agency may not be required to testify as to the content of any findings, committee discussion, or proceedings, unless requested by the board for a disciplinary proceeding or regarding participant noncompliance with the program.