§ 32 §2105-A — Disciplinary actions

1.
Disciplinary proceedings and sanctions.
1-A.
Disciplinary proceedings and sanctions.
The board shall investigate a complaint, on its own motion or upon receipt of a written complaint filed with the board, regarding noncompliance with or violation of this chapter or of rules adopted by the board. Investigation may include a hearing before the board to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise considered necessary to the fulfillment of its responsibilities under this chapter. The board may subpoena witnesses, records and documents, including records and documents maintained by a health care facility, in an investigation or hearing it conducts.
2.
Grounds for discipline.
The board may suspend or revoke a license pursuant to Title 5, section 10004. The following are grounds for an action to refuse to issue, modify, suspend, revoke or refuse to renew the license of an individual licensed under this chapter:
3.
Confidentiality of information.
Reports, information or records provided to the board by a health care facility pursuant to this chapter are confidential insofar as the reports, information or records identify or permit identification of a patient, except that the board may disclose confidential information:
4.
Authority to request mental and physical examinations.
For the purposes of this section, by application for and acceptance of a license to practice, a nurse is considered to have given consent to a mental or physical examination when directed by the board. The board may direct a nurse to submit to an examination whenever the board determines the nurse may be suffering from a mental illness that may be interfering with the competent practice of nursing or from the use of intoxicants or drugs to an extent that they are preventing the nurse from practicing nursing competently and with safety to patients. A nurse examined pursuant to an order of the board may not prevent the testimony of the examining individual or prevent the acceptance into evidence of the report of an examining individual in a proceeding under subsection 1‑A. Failure to comply with an order of the board to submit to a mental or physical examination results in the immediate suspension of the license of the nurse by order of the District Court until the nurse submits to the examination.
5.
Nurse health program.
The board may establish protocols for the operation of a professional review committee as defined in Title 24, section 2502, subsection 4‑A. The protocols must include the committee's reporting information the board considers appropriate regarding reports received, contracts or investigations made and the disposition of each report, as long as the committee is not required to disclose any personally identifiable information. The protocols may not prohibit an impaired nurse from seeking alternative forms of treatment.

Legislative History

PL 1983, c. 378, §21 (NEW). PL 1983, c. 769, §§1,2 (AMD). PL 1985, c. 724, §§11,12 (AMD). PL 1993, c. 600, §A116 (AMD). PL 1999, c. 547, §B62 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 260, §D2 (AMD). PL 2009, c. 47, §§2, 3 (AMD). PL 2013, c. 23, §1 (AMD). PL 2013, c. 105, §5 (AMD). PL 2015, c. 488, §§10-12 (AMD). PL 2019, c. 165, §§5-7 (AMD). PL 2025, c. 111, §8 (AMD).