Revision: Nov. 17, 2017, 9:10 a.m.
HB 1732-FN - AS INTRODUCED
2018 SESSION
18-2360
10/01
HOUSE BILL 1732-FN
AN ACT establishing a nursing professionals' health program.
SPONSORS: Rep. Scully, Hills. 33; Rep. Ulery, Hills. 37; Rep. Burt, Hills. 39; Rep. L. Ober, Hills. 37; Rep. Freeman, Hills. 12; Rep. M. Moffett, Merr. 9; Rep. Copp, Merr. 1; Rep. Seidel, Hills. 28
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill establishes a nursing professionals' health program for aiding nurses impaired or potentially impaired by mental or physical illness including substance abuse or disruptive behavior.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2360
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT establishing a nursing professionals' health program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
18-2360
11/16/17
HB 1732-FN- FISCAL NOTE
AS INTRODUCED
AN ACT establishing a nursing professionals' health program.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
METHODOLOGY:
This bill allows the Board of Nursing to contract with other organizations to operate the professonals' health program for nurses who are impaired or potentially impaired because of mental or physical illness, including substance abuse or disruptive behavior. The program shall be available to all nurses licensed or seeking licensure in this state and all resident nurses in training, and shall include education, intervention, ongoing care or treatment and post-treatment monitoring. The Office of Professional Licensure and Certification (OPLC) indicates a similar program exists for physicians, dentists and pharmacists and is funded by an additional fee calculated into the license fees for those professions. The OPLC estimates there are over 40,000 licenses within the nursing unit and such costs could be included within a license fee, but the amount of such fee is currently indeterminable. If funded by general funds, the fee would likewise be indeterminable pending assessment of the actual program cost.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification