Current through September 18, 2024
A. The Board may
provide for a non-disciplinary alternative in situations involving alcohol and
drug abuse; or any mental illness as listed in the most recent revised
publication or the most updated volume of either the Diagnostic and Statistical
Manual of Mental Disorders (DSM) published by the American Psychiatric
Association or the International Classification of Disease Manual (ICO)
published by the World Health Organization and that substantially limits the
life activities of the person with the illness; provided, that the nurse agrees
to voluntarily participate in a program of treatment and
rehabilitation.
B. Requirements for
Participation in the Non-disciplinary Alternative Program
1. Participation in the non-disciplinary
program is voluntary. A nurse participating in the program shall:
a. Agree in writing to comply with terms of
the contract;
b. Be responsible for
all costs for assessment, treatment, and monitoring;
c. Agree to evaluations, including random
body fluid testing, necessary to determine treatment and monitoring
needs;
d. Agree to a role in the
treatment program as determined by the health care provider(s) approved by the
Board.
2. Information
related to the non-disciplinary program shall be provided to the nurse's
employer to ensure adequate worksite monitoring and compliance.
C. Disqualification Criteria from
the Non-disciplinary Program
1. Criteria
which shall disqualify a nurse from participating in a non-disciplinary program
include the following:
a. Has been previously
enrolled and terminated for non-compliance in a non-disciplinary program in the
State of Rhode Island or other jurisdiction;
b. Has a chemical dependency problem or
diagnosis of mental illness of such severity that it could represent a clear
and present danger to patient health and safety or has had nursing practice
problems resulting in the death of a patient or involving significant harm or
potentially significant harm to a patient;
c. Has had previous formal disciplinary
action (related to his/her chemical dependency or mental illness) taken by a
nursing board against her/him;
d.
Has been convicted of any crime related to a controlled substance or legend
prescription drug.
D. Causes for Termination from the
Non-disciplinary Program
1. A nurse
participating in the program may be terminated for any of the following
reasons:
a. Noncompliance with any aspect of
the contract;
b. Receipt of
information by the Board, which after investigation, results in disciplinary
action by the Board.
c. Engaged in
any act that would have been cause to have initially disqualified the nurse
applicant from participation in the program.
2. If the nurse does not agree to voluntarily
participate in a treatment program protocol, or fails to satisfactorily
complete a treatment program, the Board may initiate disciplinary
proceedings.
E.
Confidentiality
1. All records pertaining to a
nurse's participation in the non-disciplinary program are confidential and not
subject to discovery, subpoena or public disclosure.
2. A nurse's record shall be maintained in
confidence as required by federal and state laws and regulations, and in
particular, in accord with section 408 of Public Law 92-55 (the Drug Abuse
Prevention, Treatment and Rehabilitation Act, 21 U.S.C. § 1175), as
amended, and the regulations contained in 42 C.F.R. Part 2.
