2013 Maryland Code
HEALTH OCCUPATIONS
§ 8-208 - Rehabilitation program and Committee

§8-208.

(a) (1) In this section the following words have the meanings indicated.

(2) “Applicant” means an individual who has submitted an application to the Board to be licensed as a registered nurse, licensed practical nurse, or electrologist or to be certified as a nursing assistant or medication technician in this State.

(3) “Program” means the rehabilitation program.

(b) (1) There is a Rehabilitation Committee in the Board.

(2) The Board may create 1 or more rehabilitation committees.

(c) (1) The Committee shall consist of 6 members.

(2) Of the 6 Committee members:

(i) 3 shall be licensed registered nurses, who have demonstrated expertise in the field of chemical dependency or psychiatric nursing;

(ii) 1 shall be a registered nurse, who has demonstrated expertise in the area of pain management;

(iii) 1 shall be a licensed practical nurse; and

(iv) 1 shall be a consumer member, who is knowledgeable in the field of chemical dependency.

(d) (1) The Board shall determine the term of a member of the Committee.

(2) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(3) A Committee member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(4) The Board may remove a Committee member for incompetence or misconduct.

(e) (1) The Committee shall elect a chairperson and a vice-chairperson.

(2) The manner of election of officers shall be as the Committee determines.

(f) A majority of the members then serving on the Committee Board is a quorum.

(g) The Committee shall determine the times and places of its meetings.

(h) Each member of the Committee is entitled to:

(1) Compensation in accordance with the State budget; and

(2) Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(i) The Board may employ a staff to carry out the activities of the Committee in accordance with the State budget.

(j) In addition to the powers set forth elsewhere in this subtitle, the Committee may:

(1) Evaluate those nurses, nursing assistants, medication technicians, electrologists, or applicants who request participation in the program according to the guidelines prescribed by the Board and consider the recommendations for admission into the program;

(2) Review and designate those treatment facilities and services to which nurses, nursing assistants, medication technicians, electrologists, or applicants in the program may be referred;

(3) Receive and review information concerning a nurse, nursing assistant, medication technician, electrologist, or applicant participating in the program;

(4) Consider in the case of each nurse, nursing assistant, medication technician, electrologist, or applicant participating in a program whether the nurse, nursing assistant, medication technician, electrologist, or applicant may with safety continue or resume the practice of nursing or delegated nursing functions or electrology; and

(5) Have meetings as necessary to consider the requests of nurses, nursing assistants, medication technicians, electrologists, or applicants to participate in the program, and consider reports regarding nurses, nursing assistants, medication technicians, electrologists, or applicants participating in the program.

(k) In addition to the duties set forth elsewhere in this subtitle, the Committee shall:

(1) Prepare reports to be submitted to the Board; and

(2) Set forth in writing for each nurse, nursing assistant, medication technician, electrologist, or applicant participating in the program a rehabilitation program established for that nurse, nursing assistant, medication technician, electrologist, or applicant, including the requirements for supervision and surveillance.

(l) The Committee shall inform each nurse, nursing assistant, medication technician, electrologist, or applicant who requests participation in the program of:

(1) The procedures followed in the program;

(2) The rights and responsibilities of the nurse, nursing assistant, medication technician, electrologist, or applicant in the program; and

(3) The possible results of noncompliance with the program.

(m) (1) Each nurse, nursing assistant, medication technician, electrologist, or applicant who requests to participate in the program shall agree to cooperate with the individual rehabilitation program designed by the Committee.

(2) Any failure to comply with the provisions of a rehabilitation program may result in termination of the nurse’s, nursing assistant’s, medication technician’s, electrologist’s, or applicant’s participation in the program.

(3) The Committee shall report the name and license number of a nurse or electrologist, the name and certificate number of a nursing assistant or medication technician, or the name of an applicant who is expelled from the program for failure to comply with the conditions of the program.

(4) (i) The program shall transfer to the Board all the records of any nurse, nursing assistant, medication technician, electrologist, or applicant expelled from the program.

(ii) The Board may initiate disciplinary action based on the failure of the nurse, nursing assistant, medication technician, electrologist, or applicant to comply with the conditions of the program in accordance with the provisions of §§ 8-316 and 8-317 or §§ 8-6B-18 and 8-6B-19 of this title.

(n) After the Committee has determined that a nurse, nursing assistant, medication technician, electrologist, or applicant has been rehabilitated, the Committee shall purge and destroy all records concerning a nurse’s, nursing assistant’s, medication technician’s, electrologist’s, or applicant’s participation in the program.

(o) All Board and Committee records of a proceeding concerning the rehabilitation of a nurse, nursing assistant, medication technician, electrologist, or applicant in the program are confidential and are not subject to discovery or subpoena in any civil or criminal action.

(p) The Board shall provide for the representation of any person making reports to the Committee or the Board under this section in any action for defamation directly resulting from reports or information given to the Committee or the Board regarding a nurse’s, nursing assistant’s, medication technician’s, electrologist’s, or applicant’s participation in the program.

(q) Beginning July 1, 1990, and on a regular basis thereafter, the Board shall require reports from the Committee. The reports shall include:

(1) Information concerning the number of cases accepted, denied, or terminated with compliance or noncompliance; and

(2) A cost analysis of the program.