§ 25-23-1-31 — Rehabilitation of impaired registered nurse or licensed practical nurse; use of information after noncompliance

(a) As used in this section, "impaired
registered nurse or licensed practical nurse" means a registered nurse
or licensed practical nurse who has been affected by the use or abuse
of alcohol or other drugs.
(b) The board shall assist in the rehabilitation of an impaired
registered nurse or licensed practical nurse.
(c) The board may do the following:
(1) Enter into agreements, provide grants, and make other
arrangements with statewide nonprofit professional associations,
foundations, or other entities specifically devoted to the
rehabilitation of impaired health care professionals to identify and
assist impaired registered nurses and licensed practical nurses.
(2) Accept and designate grants, public and private financial
assistance, and licensure fees to fund programs under subdivision
(1) to assist impaired registered nurses and licensed practical
nurses.
(d) Except as provided in subsection (f), all:
(1) information furnished to a nonprofit professional association,
foundation, or other entity specifically devoted to the
rehabilitation of impaired health care professionals, including
interviews, reports, statements, and memoranda; and
(2) findings, conclusions, or recommendations that result from a
proceeding of the professional association, foundation, or other
entity specifically devoted to the rehabilitation of impaired health
care professionals;
are privileged and confidential.
(e) The records of a proceeding under subsection (d) may be used
only in the exercise of proper functions of the board, and may not
become public records or subject to a subpoena or discovery
proceeding.
(f) Information received by the board from the board designated
rehabilitation program for noncompliance by the registered nurse or
licensed practical nurse may be used by the board in any disciplinary
or criminal proceedings instituted against the impaired registered nurse
or licensed practical nurse.
(g) The board designated rehabilitation program shall:
(1) immediately report to the board the name and results of any
contact or investigation concerning an impaired registered nurse
or licensed practical nurse who the program believes constitutes
a certain, immediate, and impending danger to either the public
or the impaired registered nurse or licensed practical nurse; and
(2) in a timely fashion report to the board an impaired registered
nurse or licensed practical nurse:
(A) who refuses to cooperate with the program;
(B) who refuses to submit to treatment; or
(C) whose impairment is not substantially or significantly
alleviated through treatment, as determined by accepted
medical standards.

Legislative History

As added by P.L.185-1993, SEC.12. Amended by P.L.243-1995, SEC.2; P.L.181-2002, SEC.10.