Revision: Nov. 9, 2017, 9:58 a.m.
HB 1571 - AS INTRODUCED
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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:
1 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. Any person, including a self-reporting nurse, or peer review committee, including a quality assurance committee acting in a clinical setting or the board itself, may report relevant facts to the board relating to the acts of any nurse in this state if they have knowledge relating to the nurse which, in their opinion, might provide grounds for disciplinary or remedial action as specified in RSA 326-B:37, II.
II. Any committee of a professional society comprised primarily of nurses, its staff, or any district or local intervenor participating in a program established to aid nurses impaired by substance use disorder including drug or alcohol abuse or mental or physical illness may report in writing to the board the name of the impaired nurse together with the pertinent information relating to his or her impairment. The board may report to any committee of such professional society or the society's designated staff information which it may receive with regard to any nurse who may be impaired by substance use disorder or mental or physical illness.
III. Upon a determination by the board that a report or complaint submitted by any person, peer review committee or professional society committee is without merit, the report shall be expunged from the nurse's individual record in the board's office. A nurse or the nurse's authorized representative shall be entitled on request to examine the nurse's peer review or the nurse organization committee report submitted to the board and to place into the record a statement of reasonable length of the nurse's view with respect to any information existing in the report.
IV. If the board determines that a report or complaint submitted by any person, peer review committee, or professional society committee has or may have merit, the board may either:
(a) Refer the matter for disciplinary proceedings, subject to paragraph V(a) or (b); or
(b) Refer the impaired nurse to an alternative recovery monitoring program under paragraph VI.
V. Notwithstanding the provisions of RSA 91-A, the records and proceedings of the board, compiled in conjunction with an impaired nurse peer review committee, shall be confidential and are not to be considered open records unless the affected nurse so requests; provided, however, the board may disclose this confidential information only:
(a) In a disciplinary hearing before the board or in a subsequent trial or 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.
VI.(a) No employee or member of the board, peer review committee member, nurse organization committee member, nurse organization district or local intervenor furnishing in good faith information, data, reports, or records for the purpose of aiding the impaired nurse shall by reason of furnishing such information be liable for damages to any person.
(b) No employee or member of the board or such committee, staff, or intervenor program shall be liable for damages to any person for any action taken or recommendations made by such board, committee, or staff unless he or she is found to have acted recklessly or wantonly.
VII.(a) The board may contract with other organizations to operate the alternative recovery monitoring program for nurses who are impaired by substance use disorders or mental or physical illness. This program may include education, intervention, drug and alcohol testing, temporary suspension or limitation of clinical privileges, treatment, drug addiction counseling, participation in peer support groups, record keeping with respect to success and failure rates, post-treatment monitoring, and other alternatives approved by the board.
(b) The board may allocate an amount determined by the board from each nurse annual license renewal fee it collects to provide funding for the alternative recovery monitoring program for nurses as set forth in subparagraph (a).
2 Effective Date. This act shall take effect 60 days after its passage.