(a) There is established a diversion program for chemically dependent nurses which shall be administered and monitored by a professional association or other entity approved by the board. The function of the diversion program shall be to assess and, where appropriate, rehabilitate chemically dependent nurses whose competencies may be impaired and to provide treatment so that nurses are able to return to or continue the practice of nursing in a manner that is beneficial to the public.
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Terms Used In Hawaii Revised Statutes 334D-3

  • Board: means the board of nursing. See Hawaii Revised Statutes 334D-2
  • Chemically dependent: means a condition wherein a nurse's cognitive, interpersonal, or psychomotor skills are affected by the habitual or intemperate use of alcohol or drugs, or both. See Hawaii Revised Statutes 334D-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dependent: A person dependent for support upon another.
  • Diversion program: means a program administered by professionals to assist chemically dependent nurses in obtaining evaluation, counseling, monitoring, and ongoing support for rehabilitative purposes. See Hawaii Revised Statutes 334D-2
  • 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 has been or is currently licensed under chapter 457. See Hawaii Revised Statutes 334D-2
  • Professional association: means a national or statewide association or committee of professionals, or a nonprofit organization operated in support of a professional association that is recognized by the board and designated to administer and monitor the diversion program. See Hawaii Revised Statutes 334D-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) The board shall adopt rules in accordance with chapter 91 setting forth the requirements for program approval and maintenance.
(c) Participation in the diversion program shall be voluntary.
(d) If a nurse is subject to penalties, including revocation, suspension, or limitation of license and fines, and desires to effect a compromise settlement, the regulated industries complaint office and the nurse may enter into a settlement agreement subject to approval and order of the board and acceptance by the diversion program.
(e) The names of nurses who fail to comply with the terms and conditions of the diversion program shall be reported to:

(1) The executive officer of the board; and
(2) The regulated industries complaints office,

within three business days after the failure to comply becomes known to the individuals monitoring the nurse and the individual designated by the monitoring entity to report the failure to comply.

(f) Nurses who participate in the diversion program pursuant to this chapter shall provide evidence verified by licensed professional health care providers of successful completion of all terms and conditions of the program and of sufficient rehabilitation to safely practice nursing, as provided by rules adopted by the board pursuant to chapter 91.
(g) A nurse who fully complies with this chapter and the rules adopted by the board pursuant to this chapter, and who completes all the requirements of a diversion program approved by the board, shall not be subject to further disciplinary action by the board for the cause described in section 457-12(a)(4).
(h) A nurse admitted to the diversion program who fails to comply with the requirements of this chapter, the rules adopted by the board pursuant to this chapter, or the requirements of the diversion program may be subject to disciplinary action in accordance with section 457-12 and chapter 436B.

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