Text to be removed highlighted in red.
1 New Section; Nurse Practice Act; Nursing Professionals' Health Program. Amend RSA 326-B by inserting after section 36 the following new section:
326-B:36-a Nursing Professionals' Health Program.
I. Any peer review committee shall report relevant facts to the board relating to the acts of any nurse in this state if it has knowledge relating to the nurse which, in the opinion of the peer review committee, might provide grounds for disciplinary 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 or potentially impaired by mental or physical illness including substance abuse or disruptive behavior shall report in writing to the board the name of a nurse whose ability to practice safely is impaired or could reasonably be expected to become impaired if the condition is allowed to progress together with the pertinent information relating to the nurse's 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 a mental or physical illness including substance abuse or disruptive behavior. In this chapter, "disruptive behavior'' means any abusive conduct, including sexual or other forms of harassment, or other forms of verbal or nonverbal conduct that harms or intimidates others to the extent that quality of care of patient safety could be compromised.
III. Notwithstanding the provisions of RSA 91-A, the records and proceedings of the board, compiled in conjunction with a 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.
IV.(a) No employee or member of the board, peer review committee member, medical organization committee member, medical 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 the person is found to have acted recklessly or wantonly.
V. The board may contract with other organizations to operate the professionals' health program for nurses who are impaired or potentially impaired because of mental or physical illness including substance abuse or disruptive behavior. This program shall be available to all nurse licensed in this state, all nurses seeking licensure in this state, and all resident nurses in training, and shall include, but shall not be limited to, education, intervention, ongoing care or treatment, and post-treatment monitoring.
VI. Upon a determination by the board that a report submitted by a 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 authorized representative shall be entitled on request to examine the peer review or the 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.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Section; Nurse Practice Act; Nursing Professionals' Health Program. Amend RSA 326-B by inserting after section 36 the following new section:
326-B:36-a Nursing Professionals' Health Program.
I. Any peer review committee shall report relevant facts to the board relating to the acts of any nurse in this state if it has knowledge relating to the nurse which, in the opinion of the peer review committee, might provide grounds for disciplinary 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 or potentially impaired by mental or physical illness including substance abuse or disruptive behavior shall report in writing to the board the name of a nurse whose ability to practice safely is impaired or could reasonably be expected to become impaired if the condition is allowed to progress together with the pertinent information relating to the nurse's 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 a mental or physical illness including substance abuse or disruptive behavior. In this chapter, "disruptive behavior'' means any abusive conduct, including sexual or other forms of harassment, or other forms of verbal or nonverbal conduct that harms or intimidates others to the extent that quality of care of patient safety could be compromised.
III. Notwithstanding the provisions of RSA 91-A, the records and proceedings of the board, compiled in conjunction with a 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.
IV.(a) No employee or member of the board, peer review committee member, medical organization committee member, medical 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 the person is found to have acted recklessly or wantonly.
V. The board may contract with other organizations to operate the professionals' health program for nurses who are impaired or potentially impaired because of mental or physical illness including substance abuse or disruptive behavior. This program shall be available to all nurse licensed in this state, all nurses seeking licensure in this state, and all resident nurses in training, and shall include, but shall not be limited to, education, intervention, ongoing care or treatment, and post-treatment monitoring.
VI. Upon a determination by the board that a report submitted by a 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 authorized representative shall be entitled on request to examine the peer review or the 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.
2 Effective Date. This act shall take effect 60 days after its passage.