2013 Kentucky Revised Statutes CHAPTER 314 - REGISTERED NURSES -- PRACTICAL NURSES 314.171 Alternative to discipline program -- Authority for administrative regulations -- Nonliability for actions -- Confidentiality of materials and proceedings -- Disclosure of information.
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314.171 Alternative to discipline program -- Authority for administrative
regulations -- Nonliability for actions -- Confidentiality of materials and
proceedings -- Disclosure of information.
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The board may establish an alternative to discipline program to promote the
early identification, intervention, treatment, and rehabilitation of nurses who
may be impaired by reason of alcohol or drug abuse. In addition, the board
may include in this program nurses or applicants who have practice
competency deficits.
The board may enter into a contractual agreement with a nonprofit corporation,
nursing professional organization, or similar organization for the purpose of
creating, supporting, and maintaining an alternative to discipline program.
The board may promulgate administrative regulations pursuant to KRS
Chapter 13A to effectuate and implement an alternative to discipline program
formed pursuant to this section.
Beginning January 1, 1997, the board shall collect an assessment of five
dollars ($5) to be added to each nurse licensure renewal application fee
payable to the board, proceeds from which shall be expended on the operation
of an alternative to discipline program formed pursuant to this section.
Any administrator, staff member, consultant, agent, volunteer, or employee of
the alternative to discipline program acting within the scope of their duties and
without actual malice, and all other persons who furnish information to the
alternative to discipline program in good faith and without actual malice, shall
not be liable for any claim or damages as a result of any statement, decision,
opinion, investigation, or action taken by the alternative to discipline program or
staff.
All interviews, reports, statements, memoranda, or other documents furnished
to or produced by the alternative to discipline program, all communications to
or from the alternative to discipline program, and all proceedings, findings, and
conclusions of the alternative to discipline program including those relating to
intervention, treatment, or rehabilitation, which in any way pertain or refer to a
nurse who is or may be impaired, shall be privileged and confidential.
All records and proceedings of the alternative to discipline program which
pertain or refer to a nurse who is or may be impaired shall be privileged and
confidential, shall be used by the alternative to discipline program, board
members, or board staff only in the exercise of the proper function of the
alternative to discipline program, shall not be considered public records, and
shall not be subject to court subpoena, discovery, or introduction as evidence
in any civil, criminal, or administrative proceedings except as described in
subsection (8) of this section.
The alternative to discipline program may only disclose information relative to
an impaired nurse if:
(a) It is essential to disclose the information to persons or organizations
needing the information in order to address the intervention, treatment, or
rehabilitation needs of the impaired nurse;
(b) The release is authorized in writing by the impaired nurse; or
(c) The alternative to discipline program is required to make a report to the
board pursuant to KRS 314.031(4).
(9) The alternative to discipline program may order an examination or evaluation
under KRS 314.085 at any time following initial contact by a potential applicant
to the program.
(10) Notwithstanding any other provision of law to the contrary, the board shall
disclose the fact of a nurse's participation in the alternative to discipline
program to the public. No information other than the nurse's participation in the
alternative to discipline program shall be disclosed.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 85, sec. 64, effective July 15, 2010. -Amended 2002 Ky. Acts ch. 266, sec. 6, effective July 15, 2002. -- Created 1996
Ky. Acts ch. 26, sec. 8, effective July 15, 1996.
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