314.171 Alternative to discipline program -- Authority for administrative
558 words·~3 min read·
/ky/314-171A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
regulations -- Nonliability for actions -- Confidentiality of materials and
proceedings -- Disclosure of information.
(1)The board may establish an alternative to discipline program to promote the early
identification, intervention, treatment, and rehabilitation of nurses who may be
impaired by reason of alcohol or drug abuse. In addition, the board may include in
this program nurses or applicants who have practice competency deficits.
(2)The board may enter into a contractual agreement with a nonprofit corporation,
nursing professional organization, or similar organization for the purpose of
creating, supporting, and maintaining an alternative to discipline program.
(3)The board may promulgate administrative regulations pursuant to KRS Chapter
13A to effectuate and implement an alternative to discipline program formed
pursuant to this section.
(4)Beginning January 1, 1997, the board shall collect an assessment of five dollars ($5)
to be added to each nurse licensure renewal application fee payable to the board,
proceeds from which shall be expended on the operation of an alternative to
discipline program formed pursuant to this section.
(5)Any administrator, staff member, consultant, agent, volunteer, or employee of the
alternative to discipline program acting within the scope of their duties and without
actual malice, and all other persons who furnish information to the alternative to
discipline program in good faith and without actual malice, shall not be liable for
any claim or damages as a result of any statement, decision, opinion, investigation,
or action taken by the alternative to discipline program or staff.
(6)All interviews, reports, statements, memoranda, or other documents furnished to or
produced by the alternative to discipline program, all communications to or from
the alternative to discipline program, and all proceedings, findings, and conclusions
of the alternative to discipline program including those relating to intervention,
treatment, or rehabilitation, which in any way pertain or refer to a nurse who is or
may be impaired, shall be privileged and confidential.
(7)All records and proceedings of the alternative to discipline program which pertain
or refer to a nurse who is or may be impaired shall be privileged and confidential,
shall be used by the alternative to discipline program, board members, or board staff
only in the exercise of the proper function of the alternative to discipline program,
shall not be considered public records, and shall not be subject to court subpoena,
discovery, or introduction as evidence in any civil, criminal, or administrative
proceedings except as described in subsection
(8)of this section.
(8)The alternative to discipline program may only disclose information relative to an
impaired nurse if:
(a)It is essential to disclose the information to persons or organizations needing
the information in order to address the intervention, treatment, or
rehabilitation needs of the impaired nurse;
(b)The release is authorized in writing by the impaired nurse; or
(c)The alternative to discipline program is required to make a report to the board
pursuant to KRS 314.031(4).
(9)The alternative to discipline program may order an examination or evaluation under
KRS 314.085 at any time following initial contact by a potential applicant to the
program.
(10)Notwithstanding any other provision of law to the contrary, the board shall disclose
the fact of a nurse's participation in the alternative to discipline program to the
public. No information other than the nurse's participation in the alternative to
discipline program shall be disclosed.