2007 California Business and Professions Code Article 3.1. Diversion Program

CA Codes (bpc:2770-2770.14)

2770.  It is the intent of the Legislature that the Board of
Registered Nursing seek ways and means to identify and rehabilitate
registered nurses whose competency may be impaired due to abuse of
alcohol and other drugs, or due to mental illness so that registered
nurses so afflicted may be rehabilitated and returned to the practice
of nursing in a manner which will not endanger the public health and
safety.  It is also the intent of the Legislature that the Board of
Registered Nursing shall implement this legislation by establishing a
diversion program as a voluntary alternative to traditional
disciplinary actions.


2770.1.  As used in this article:
   (a) "Board" means the Board of Registered Nursing.
   (b) "Committee" means a diversion evaluation committee created by
this article.



2770.2.  One or more diversion evaluation committees is hereby
created in the state to be established by the board.  Each committee
shall be composed of five persons appointed by the board.  No board
member shall serve on any committee.
   Each committee shall have the following composition:
   (a) Three registered nurses, holding active California licenses,
who have demonstrated expertise in the field of chemical dependency
or psychiatric nursing.
   (b) One physician, holding an active California license, who
specializes in the diagnosis and treatment of addictive diseases or
mental illness.
   (c) One public member who is knowledgeable in the field of
chemical dependency or mental illness.
   It shall require a majority vote of the board to appoint a person
to a committee.  Each appointment shall be at the pleasure of the
board for a term not to exceed four years.  In its discretion the
board may stagger the terms of the initial members appointed.




2770.3.  Each member of a committee shall receive per diem and
expenses as provided in Section 103.



2770.4.  Three members of a committee shall constitute a quorum for
the transaction of business at any meeting.  Any action requires a
majority vote of the committee.



2770.5.  Each committee shall elect from its membership a
chairperson and a vice chairperson.



2770.6.  The board shall administer the provisions of this article.



2770.7.  The board shall establish criteria for the acceptance,
denial, or termination of registered nurses in the diversion program.
  Only those registered nurses who have voluntarily requested
diversion and supervision by a committee shall participate in the
program.



2770.8.  Each committee shall have the following duties and
responsibilities:
   (a) To evaluate those registered nurses who request participation
in the program according to the guidelines prescribed by the board.
   (b) To review and designate those treatment services to which
registered nurses in a diversion program may be referred.
   (c) To receive and review information concerning a registered
nurse participating in the program.
   (d) To consider in the case of each registered nurse participating
in a program whether he or she may with safety continue or resume
the practice of nursing.
   (e) To call meetings as necessary to consider the requests of
registered nurses to participate in a diversion program, and to
consider reports regarding registered nurses participating in a
program.
   (f) To set forth in writing for each registered nurse
participating in a program a rehabilitation program established for
that registered nurse with the requirements for supervision and
surveillance.


2770.9.  The committee shall inform each registered nurse who
requests participation in a program of the procedures followed in the
program, of the rights and responsibilities of the registered nurse
in the program, and of the possible results of noncompliance with the
program.



2770.10.  Notwithstanding the provisions of Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2
of the Government Code, relating to public meetings, a committee may
convene in closed session to consider reports pertaining to any
registered nurse requesting or participating in a diversion program.
A committee shall only convene in closed session to the extent that
it is necessary to protect the privacy of such a licentiate.



2770.11.  (a) Each registered nurse who requests participation in a
diversion program shall agree to cooperate with the rehabilitation
program designed by a committee.  Any failure to comply with the
provisions of a rehabilitation program may result in termination of
the registered nurse's participation in a program.  The name and
license number of a registered nurse who is terminated for any
reason, other than successful completion, shall be reported to the
board's enforcement program.
   (b) If a committee determines that a registered nurse, who is
denied admission into the program or terminated from the program,
presents a threat to the public or his or her own health and safety,
the committee shall report the name and license number, along with a
copy of all diversion records for that registered nurse, to the board'
s enforcement program.  The board may use any of the records it
receives under this subdivision in any disciplinary proceeding.




2770.12.  (a) After a committee in its discretion has determined
that a registered nurse has successfully completed the diversion
program, all records pertaining to the registered nurse's
participation in the diversion program shall be purged.
   (b) All board and committee records and records of a proceeding
pertaining to the participation of a registered nurse in the
diversion program shall be kept confidential and are not subject to
discovery or subpoena, except as specified in subdivision (b) of
Section 2770.11 and subdivision (c).
   (c) A registered nurse shall be deemed to have waived any rights
granted by any laws and regulations relating to confidentiality of
the diversion program, if he or she does any of the following:
   (1) Presents information relating to any aspect of the diversion
program during any stage of the disciplinary process subsequent to
the filing of an accusation, statement of issues, or petition to
compel an examination pursuant to Article 12.5 (commencing with
Section 820) of Chapter 1.  The waiver shall be limited to
information necessary to verify or refute any information disclosed
by the registered nurse.
   (2) Files a lawsuit against the board relating to any aspect of
the diversion program.
   (3) Claims in defense to a disciplinary action, based on a
complaint that led to the registered nurse's participation in the
diversion program, that he or she was prejudiced by the length of
time that passed between the alleged violation and the filing of the
accusation.  The waiver shall be limited to information necessary to
document the length of time the registered nurse participated in the
diversion program.


2770.13.  The board shall provide for the legal representation of
any person making reports under this article to a committee or the
board in any action for defamation directly resulting from those
reports regarding a registered nurse's participation in a diversion
program.



2770.14.  (a) The board shall produce reports which include, but are
not limited to, information concerning the number of cases accepted,
denied, or terminated with compliance or noncompliance.
   (b) The board shall conduct a periodic cost analysis of the
program.