Kentucky Statutes 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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(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(2) 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.
Terms Used In Kentucky Statutes 314.171
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Board: means Kentucky Board of Nursing. See Kentucky Statutes 314.011
- Competency: means the application of knowledge and skills in the utilization of
critical thinking, effective communication, interventions, and caring behaviors consistent with the nurse's practice role within the context of the public's health, safety, and welfare. See Kentucky Statutes 314.011 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Nurse: means a person who is licensed or holds the privilege to practice under the provisions of this chapter as a registered nurse or as a licensed practical nurse. See Kentucky Statutes 314.011
- Subpoena: A command to a witness to appear and give testimony.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.