326-B:36-a Alternative Recovery Monitoring Program. –
I. (a) Any person or qualified health care professional committee may report relevant facts to the board relating to the acts of any person licensed by the board in this state if they have knowledge relating to the licensee which, in their opinion, might provide grounds for disciplinary or remedial action as specified in RSA 326-B:37, II.
(b) A person or qualified health care professional committee who may report under subparagraph (a) shall include:
(1) A self-reporting licensee, whether without a prior history of substance use disorder or a previously impaired licensee returning to practice under a probationary license who requests participation in an alternative recovery monitoring program;
(2) A quality assurance committee acting in a clinical setting;
(3) Any committee of a professional society comprised primarily of licensees of the board of nursing, or its staff; or
(4) Any person participating in a program established to aid licensees impaired by substance use disorder or mental or physical illness.
(c) No person furnishing any such information to the board in good faith for the purpose of protecting the safety of patients or the public or the health of an impaired licensee shall be liable in damages to any person, including the allegedly impaired licensee.
II. Upon a determination by the board that a report or complaint submitted by any person or qualified health care professional committee is without merit, the report shall be kept confidential or nonpublic in the subject licensee's individual record in the board's office. A licensee subject to a report under this section or the licensee's authorized representative shall be entitled on written request to examine the licensee's individual record in the board's office, including any such report submitted to the board, and to place into the record a statement of reasonable length of the licensee's view with respect to any information existing in the report, in accordance with rules established by the board.
III. (a) If the board determines that a report or complaint submitted by any person or qualified health care professional committee has or may have merit, the board may either:
(1) Refer the matter for disciplinary proceedings under RSA 326-B:37, subject to paragraph IV of this section; or
(2) Refer the impaired licensee to an alternative recovery monitoring program under paragraph VI.
(b) Among the factors bearing on the board's decision whether to proceed with disciplinary proceedings or refer the licensee to an alternative recovery monitoring program, the board may consider whether the affected licensee has taken the initiative to voluntarily self-report under subparagraph I(b)(1), or whether a report or complaint has been initiated by a third party under subparagraph I(b)(2), (3), or (4).
IV. Notwithstanding the provisions of RSA 91-A, the records and proceedings of the board compiled in connection with a report made under paragraph I shall be confidential and are not to be considered open records unless the subject licensee so requests, provided, however, the board may disclose this confidential information only:
(a) In a disciplinary hearing before the board or in a subsequent 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.
V. (a) No person, including any employee or member of the board, any member of a qualified health care professional committee, or any other individual furnishing in good faith information, data, reports, or records for the purpose of aiding an impaired licensee shall by reason of furnishing such information be liable in damages to any person.
(b) No employee or member of the board, member of any qualified health care professional committee, or staff member or participant in any alternative recovery monitoring program shall be liable in damages to any person for any action taken or recommendation made by such board, committee, staff, or participant unless he or she is found to have acted with wanton disregard for patient or public safety, or for the rights or reputation of the subject licensee, or for the reputation of the organization in which the subject licensee is employed or volunteers.
VI. (a) The office of professional licensure and certification shall contract with other organizations to operate the alternative recovery monitoring program for licensees who are impaired by substance use disorder or mental or physical illness. This program may include, but shall not be limited to, assessment, education, intervention, drug and alcohol testing, temporary suspension or limitation of clinical privileges, drug addiction counseling, participation in peer support groups, record keeping with respect to success and failure rates, post-treatment assessment and monitoring, and other alternatives approved by the board.
(b) The office of professional licensure and certification may allocate amounts determined by the board from the annual license renewal fees it collects from licensees in each class of nurses licensed by the board, to provide funding for the alternative recovery monitoring program as set forth in subparagraph (a).
(c) Rules governing this program shall be implemented through the office of professional licensure and certification pursuant to RSA 310.
Source. 2018, 270:2, eff. Aug. 17, 2018. 2021, 197:94, eff. July 1, 2021. 2023, 112:12, eff. July 1, 2023; 235:19, eff. July 15, 2023.