§ 6510-C — Nurse peer assistance programs

§ 6510-c. Nurse peer assistance programs. 1. As used in this section:\n a. "Drug-related problem" means a problem or problems that are related\nto the use, misuse or addiction to drugs or alcohol.\n b. "Participant" means an individual licensed pursuant to article one\nhundred thirty-nine of this title who has or may have a drug-related\nproblem.\n c. "Approved nurse peer assistance program" means a program operated\nby the New York State Nurses Association or a statewide professional\nassociation of nurses which has experience in providing peer assistance\nservices to nurses who have drug-related problems which are designed to\nhelp a participant or a licensee's employer and has been approved by the\ndepartment in accordance with criteria established in regulations of the\ncommissioner.\n d. "Peer assistance services" includes assessing the needs of a\nparticipant, including early identification of drug-related problems,\nand providing information, support, and advice as requested by a\nparticipant.\n 2. a. The department shall provide funds, including but not limited to\na portion of the funds made available pursuant to the provisions of this\nsection, for services provided by an approved nurse peer assistance\nprogram. Funds used to provide services shall not be used for the\ntreatment of participants. Funded services shall include, but not be\nlimited to:\n (1) providing peer assistance services for nurses with drug-related\nproblems;\n (2) maintaining a toll-free telephone information line for anonymous\nnurses, their employers, and others to provide assistance in the\nidentification of services and information for nurses dealing with\ndrug-related problems;\n 3. training monitors for the professional assistance program;\n 4. arranging for mental health consultants to assess nurses for the\nprofessional assistance program, as needed; and\n 5. preparing written assessments of nurses who have been referred from\nthe professional assistance program.\n b. An additional fee of fifteen dollars shall be paid at the time of\napplication for licensure and first registration and every registration\nby those licensed pursuant to article one hundred thirty-nine of this\ntitle for the purpose of implementing this program. The funds made\navailable under this provision shall be deposited in the office of\nprofessions special revenue account for its purposes in implementing\nthis section. The department may use a portion of this amount for its\nadministrative expenses incurred in implementing this program including,\nbut not limited to, employment of personnel, the costs of approving and\ncontracting with a peer assistance program as required by this section\nand outreach activities to promote this program.\n 3. No approved nurse peer assistance program or individual who serves\nin an approved nurse peer assistance program shall be liable in damages\nto any person for any action taken or not taken or recommendations made\nunless, based on the facts disclosed by a participant, the conduct of\nthe program or person with respect to the person asserting liability\nconstituted negligence, gross negligence, or intentional misconduct.\n 4. All information concerning a participant gathered by the approved\nnurse peer assistance program shall be strictly confidential and may not\nbe released to any person or body without the consent of the\nparticipant, except upon the order of a court in a pending action or\nproceeding. Aggregate data may be released to the committee on drug and\nalcohol abuse.\n