335.067. Impaired nurse program may be established by board--contracts--immunity from liability--confidentiality of information. - Missouri Statutes

Impaired nurse program may be established byboard--contracts--immunity from liability--confidentiality ofinformation.

335.067. 1. The state board of nursing may establish an impairednurse program to promote the early identification, intervention, treatment,and rehabilitation of nurses who may be impaired by reasons of illness,substance abuse, or as a result of any mental condition. This programshall be available to anyone holding a current license and may be enteredvoluntarily, as part of an agreement with the board of nursing, or as acondition of a disciplinary order entered by the board of nursing.

2. The board may enter into a contractual agreement with a nonprofitcorporation or a nursing association for the purpose of creating,supporting, and maintaining a program to be designated as the impairednurse program. The board may promulgate administrative rules subject tothe provisions of this section and chapter 536, RSMo, to effectuate andimplement any program formed pursuant to this section.

3. The board may expend appropriated funds necessary to provide foroperational expenses of the program formed pursuant to this section.

4. Any member of the program, as well as any administrator, staffmember, consultant, agent, or employee of the program, acting within thescope of his or her duties and without actual malice, and all other personswho furnish information to the program in good faith and without actualmalice, shall not be liable for any claim of damages as a result of anystatement, decision, opinion, investigation, or action taken by theprogram, or by any individual member of the program.

5. All information, interviews, reports, statements, memoranda, orother documents furnished to or produced by the program, as well ascommunications to or from the program, any findings, conclusions,interventions, treatment, rehabilitation, or other proceedings of theprogram which in any way pertain to a licensee who may be, or who actuallyis, impaired shall be privileged and confidential.

6. All records and proceedings of the program which pertain or referto a licensee who may be, or who actually is, impaired shall be privilegedand confidential and shall be used by the program and its members only inthe exercise of the proper function of the program and shall not beconsidered public records under chapter 610, RSMo, and shall not be subjectto court subpoena or subject to discovery or introduction as evidence inany civil, criminal, or administrative proceedings except as provided insubsection 4 of this section.

7. The program may disclose information relative to an impairedlicensee only when:

(1) It is essential to disclose the information to further theintervention, treatment, or rehabilitation needs of the impaired licenseeand only to those persons or organizations with a need to know;

(2) Its release is authorized in writing by the impaired licensee;

(3) A licensee has breached his or her contract with the program. Inthis instance, the breach may be reported only to the board of nursing; or

(4) The information is subject to a court order.

8. When pursuing discipline against a licensed practical nurse,registered nurse, or advanced practice registered nurse for violating oneor more causes stated in subsection 2 of section 335.066, the board may, ifthe violation is related to chemical dependency or mental health, requirethat the licensed practical nurse, registered nurse, or advanced practiceregistered nurse complete the impaired nurse program under such terms andconditions as are agreed to by the board and the licensee for a period notto exceed five years. If the licensee violates a term or condition of animpaired nurse program agreement entered into under this section, the boardmay elect to pursue discipline against the licensee pursuant to chapter621, RSMo, for the original conduct that resulted in the impaired nurseprogram agreement, or for any subsequent violation of subsection 2 ofsection 335.066. While the licensee participates in the impaired nurseprogram, the time limitations of section 620.154, RSMo, shall toll undersubsection 7 of section 620.154, RSMo. All records pertaining to theimpaired nurse program agreements are confidential and may only be releasedunder subdivision (7) of subsection 14 of section 620.010, RSMo.

9. The board may disclose information and records to the impairednurse program to assist the program in the identification, intervention,treatment, and rehabilitation of licensed practical nurses, registerednurses, or advanced practice registered nurses who may be impaired byreason of illness, substance abuse, or as the result of any physical ormental condition. The program shall keep all information and recordsprovided by the board confidential to the extent the board is required totreat the information and records closed to the public under chapter 620,RSMo.

(L. 2007 H.B. 780)

*This section was enacted by H.B. 780 and S.B. 308 during the First Regular Session of the 94th General Assembly, 2007. Due to possible conflict, both versions of this section are printed here.

Impaired nurse program may be established by the board--purpose ofprogram--contracts--immunity from liability,when--confidentiality of records.

335.067. 1. The state board of nursing may establish an impairednurse program to promote the early identification, intervention, treatment,and rehabilitation of nurses who may be impaired by reasons of illness,substance abuse, or as a result of any mental condition. This programshall be available to anyone holding a current license and may be enteredvoluntarily, as part of an agreement with the board of nursing, or as acondition of a disciplinary order entered by the board of nursing.

2. The board may enter into a contractual agreement with a nonprofitcorporation or a nursing association for the purpose of creating,supporting, and maintaining a program to be designated as the impairednurse program. The board may promulgate administrative rules subject tothe provisions of this section and chapter 536, RSMo, to effectuate andimplement any program formed pursuant to this section.

3. The board may expend appropriated funds necessary to provide foroperational expenses of the program formed pursuant to this section.

4. Any member of the program, as well as any administrator, staffmember, consultant, agent, or employee of the program, acting within thescope of his or her duties and without actual malice, and all other personswho furnish information to the program in good faith and without actualmalice, shall not be liable for any claim of damages as a result of anystatement, decision, opinion, investigation, or action taken by theprogram, or by any individual member of the program.

5. All information, interviews, reports, statements, memoranda, orother documents furnished to or produced by the program, as well ascommunications to or from the program, any findings, conclusions,interventions, treatment, rehabilitation, or other proceedings of theprogram which in any way pertain to a licensee who may be, or who actuallyis, impaired shall be privileged and confidential.

6. All records and proceedings of the program which pertain or referto a licensee who may be, or who actually is, impaired shall be privilegedand confidential and shall be used by the program and its members only inthe exercise of the proper function of the program and shall not beconsidered public records under chapter 610, RSMo, and shall not be subjectto court subpoena or subject to discovery or introduction as evidence inany civil, criminal, or administrative proceedings except as provided insubsection 7 of this section.

7. The program shall disclose information relative to an impairedlicensee only when:

(1) It is essential to disclose the information to further theintervention, treatment, or rehabilitation needs of the impaired licenseeand only to those persons or organizations with a need to know;

(2) Its release is authorized in writing by the impaired licensee;

(3) A licensee has breached his or her contract with the program. Inthis instance, the breach may be reported only to the board of nursing; or

(4) The information is subject to a court order.

8. When pursuing discipline against a licensed practical nurse,registered nurse, or advanced practice registered nurse for violating oneor more causes stated in subsection 2 of section 335.066, the board may, ifthe violation is related to chemical dependency or mental health, requirethat the licensed practical nurse, registered nurse, or advanced practiceregistered nurse complete the impaired nurse program under such terms andconditions as are agreed to by the board and the licensee for a period notto exceed five years. If the licensee violates a term or condition of animpaired nurse program agreement entered into under this section, the boardmay elect to pursue discipline against the licensee pursuant to chapter621, RSMo, for the original conduct that resulted in the impaired nurseprogram agreement, or for any subsequent violation of subsection 2 ofsection 335.066. While the licensee participates in the impaired nurseprogram, the time limitations of section 620.154, RSMo, shall toll undersubsection 7 of section 620.154, RSMo. All records pertaining to theimpaired nurse program agreements are confidential and may only be releasedunder subdivision (7) of subsection 14 of section 620.010, RSMo.

9. The board may disclose information and records to the impairednurse program to assist the program in the identification, intervention,treatment, and rehabilitation of licensed practical nurses, registerednurses, or advanced practice registered nurses who may be impaired byreason of illness, substance abuse, or as the result of any physical ormental condition. The program shall keep all information and recordsprovided by the board confidential to the extent the board is required totreat the information and records closed to the public under chapter 620,RSMo.

(L. 2007 S.B. 308)

*This section was enacted by H.B. 780 and S.B. 308 during the First Regular Session of the 94th General Assembly, 2007. Due to possible conflict, both versions of this section are printed here.