HB1571 (2018) Detail

Authorizing an alternative recovery monitoring program for nurses licensed by the board of nursing.


CHAPTER 270

HB 1571 - FINAL VERSION

 

6Mar2018... 0269h

2018 SESSION

18-2245

10/01

 

HOUSE BILL 1571

 

AN ACT authorizing an alternative recovery monitoring program for nurses licensed by the board of nursing.

 

SPONSORS: Rep. H. Moffett, Merr. 9; Rep. McGuire, Merr. 29; Rep. Campion, Graf. 12; Rep. Weber, Ches. 1; Rep. Umberger, Carr. 2; Sen. Reagan, Dist 17; Sen. Giuda, Dist 2; Sen. Hennessey, Dist 5

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill authorizes the board of nursing to operate or contract for an alternative recovery monitoring program for nurses impaired by substance use disorders or mental or physical illness.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2018... 0269h 18-2245

10/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT authorizing an alternative recovery monitoring program for nurses licensed by the board of nursing.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

270:1  Purpose and Findings.  As part of the state’s effort to combat substance use disorder, the general court finds that an alternative recovery monitoring program designed to encourage self-reporting by licensees of the board of nursing who may be impaired by substance use disorder, including drug or alcohol abuse, or mental or physical illness, similar to those programs available to other licensed health professionals in New Hampshire, would improve patient and public safety, promote the health and professional performance of licensees, and return to service and maintain the number of highly trained nursing professionals eligible to provide effective patient care in New Hampshire.

270:2  New Section:  Nurse Practice Act; Alternative Recovery Monitoring Program.  Amend RSA 326-B by inserting after section 36 the following new section:

326-B:36-a  Alternative Recovery Monitoring Program.

I.(a)  Any person or qualified health care professional committee may report relevant facts to the board relating to the acts of any person licensed by the board in this state if they have knowledge relating to the licensee which, in their opinion, might provide grounds for disciplinary or remedial action as specified in RSA 326-B:37, II.  

(b)  A person or qualified health care professional committee who may report under subparagraph (a) shall include:

(1)  A self-reporting licensee, whether without a prior history of substance use disorder or a previously impaired licensee returning to practice under a probationary license who requests participation in an alternative recovery monitoring program;

(2)  A quality assurance committee acting in a clinical setting;

(3)  Any committee of a professional society comprised primarily of licensees of the board of nursing, or its staff; or

(4)  Any person participating in a program established to aid licensees impaired by substance use disorder or mental or physical illness.

(c)  No person furnishing any such information to the board in good faith for the purpose of protecting the safety of patients or the public or the health of an impaired licensee shall be liable in damages to any person, including the allegedly impaired licensee.

II.  Upon a determination by the board that a report or complaint submitted by any person or qualified health care professional committee is without merit, the report shall be kept confidential or nonpublic in the subject licensee’s individual record in the board’s office.  A licensee subject to a report under this section or the licensee’s authorized representative shall be entitled on written request to examine the licensee’s individual record in the board’s office, including any such report submitted to the board, and to place into the record a statement of reasonable length of the licensee’s view with respect to any information existing in the report, in accordance with rules established by the board.

III.(a)  If the board determines that a report or complaint submitted by any person or qualified health care professional committee has or may have merit, the board may either:

(1) Refer the matter for disciplinary proceedings under RSA 326-B:37, subject to paragraph IV of this section; or

(2) Refer the impaired licensee to an alternative recovery monitoring program under paragraph VI.

(b)  Among the factors bearing on the board’s decision whether to proceed with disciplinary proceedings or refer the licensee to an alternative recovery monitoring program, the board may consider whether the affected licensee has taken the initiative to voluntarily self-report under subparagraph I(b)(1), or whether a report or complaint has been initiated by a third party under subparagraph I(b)(2), (3), or (4).

IV.  Notwithstanding the provisions of RSA 91-A, the records and proceedings of the board compiled in connection with a report made under paragraph I shall be confidential and are not to be considered open records unless the subject licensee so requests, provided, however, the board may disclose this confidential information only:

(a)  In a disciplinary hearing before the board or in a subsequent appeal of a board action or order;

(b)  To the nurse licensing or disciplinary authorities of other jurisdictions; or

(c)  Pursuant to an order of a court of competent jurisdiction.

V.(a)  No person, including any employee or member of the board, any member of a qualified health care professional committee, or any other individual furnishing in good faith information, data, reports, or records for the purpose of aiding an impaired licensee shall by reason of furnishing such information be liable in damages to any person.

(b)  No employee or member of the board, member of any qualified health care professional committee, or staff member or participant in any alternative recovery monitoring program shall be liable in damages to any person for any action taken or recommendation made by such board, committee, staff, or participant unless he or she is found to have acted with wanton disregard for patient or public safety, or for the rights or reputation of the subject licensee, or for the reputation of the organization in which the subject licensee is employed or volunteers.

VI.(a)  The board shall contract with other organizations to operate the alternative recovery monitoring program for licensees who are impaired by substance use disorder or mental or physical illness.  This program may include, but shall not be limited to, assessment, education, intervention, drug and alcohol testing, temporary suspension or limitation of clinical privileges, drug addiction counseling, participation in peer support groups, record keeping with respect to success and failure rates, post-treatment assessment and monitoring, and other alternatives approved by the board.

(b)  The board may allocate amounts determined by the board from the annual license renewal fees it collects from licensees in each class of nurses licensed by the board, to provide funding for the alternative recovery monitoring program as set forth in subparagraph (a).

(c)  No later than July 1, 2019, the board shall adopt rules under RSA 541-A for the procedures and other matters required to implement this section.

270:3  Nurse Practice Act; Disciplinary Proceedings.  Amend RSA 326-B:37, III(d) to read as follows:

(d)  By requiring the licensee to submit to the care, counseling, or treatment of a [physician] licensed health care provider, counseling service, health care facility, professional assistance program established under RSA 326-B:36-a, or any comparable person[or], facility, or program approved by the board.

270:4  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 18, 2018

Effective Date: August 17, 2018

Links

HB1571 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2018 House Hearing
Feb. 20, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
March 28, 2018 Senate Hearing
April 12, 2018 Senate Floor Vote

Bill Text Revisions

HB1571 Revision: 4187 Date: June 20, 2018, 1:56 p.m.
HB1571 Revision: 3426 Date: April 12, 2018, 10:22 a.m.
HB1571 Revision: 3153 Date: March 8, 2018, 10:50 a.m.
HB1571 Revision: 1828 Date: Nov. 9, 2017, 9:58 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Executive Departments and Administration HJ 1 P. 15
Jan. 25, 2018 Public Hearing: 01/25/2018 10:00 AM LOB 306
Feb. 26, 2018 Subcommittee Work Session: 02/26/2018 09:30 AM LOB 306
Feb. 20, 2018 Executive Session: 02/20/2018 LOB 208
Committee Report: Ought to Pass with Amendment # 2018-0269h (Vote 18-0; CC)
March 6, 2018 Committee Report: Ought to Pass with Amendment # 2018-0269h for 03/06/2018 (Vote 18-0; CC) HC 9 P. 21
March 6, 2018 Amendment # 2018-0269h: AA VV 03/06/2018 HJ 6 P. 37
March 6, 2018 Ought to Pass with Amendment 0269h: MA VV 03/06/2018 HJ 6 P. 37
March 8, 2018 Introduced 03/08/2018 and Referred to Executive Departments and Administration; SJ 7
March 28, 2018 Hearing: 03/28/2018, Room 101, LOB, 10:00 am; SC 14
April 12, 2018 Committee Report: Ought to Pass, 04/12/2018; Vote 5-0; CC SC 16
April 12, 2018 Ought to Pass: MA, VV; OT3rdg; 04/12/2018; SJ 12
April 26, 2018 Enrolled (In recess 04/26/2018); SJ 15
April 26, 2018 Enrolled 04/26/2018
June 18, 2018 Signed by Governor Sununu 06/18/2018; Chapter 270; Eff. 8/17/2018