216-40-05 R.I. Code R. § 3.10

Current through June 20, 2024

Section 216-RICR-40-05-3.10 - Non-disciplinary Alternative Program

A. The Board may provide for a non-disciplinary alternative in situations involving alcohol and drug abuse; or any mental illness as listed in the most recent revised publication or the most updated volume of either the Diagnostic and Statistical Manual of Mental Disorders (DSM) published by the American Psychiatric Association or the International Classification of Disease Manual (ICO) published by the World Health Organization and that substantially limits the life activities of the person with the illness; provided, that the nurse agrees to voluntarily participate in a program of treatment and rehabilitation.

B. Requirements for Participation in the Non-disciplinary Alternative Program

1. Participation in the non-disciplinary program is voluntary. A nurse participating in the program shall:

a. Agree in writing to comply with terms of the contract;

b. Be responsible for all costs for assessment, treatment, and monitoring;

c. Agree to evaluations, including random body fluid testing, necessary to determine treatment and monitoring needs;

d. Agree to a role in the treatment program as determined by the health care provider(s) approved by the Board.

2. Information related to the non-disciplinary program shall be provided to the nurse's employer to ensure adequate worksite monitoring and compliance.

C. Disqualification Criteria from the Non-disciplinary Program

1. Criteria which shall disqualify a nurse from participating in a non-disciplinary program include the following:

a. Has been previously enrolled and terminated for non-compliance in a non-disciplinary program in the State of Rhode Island or other jurisdiction;

b. Has a chemical dependency problem or diagnosis of mental illness of such severity that it could represent a clear and present danger to patient health and safety or has had nursing practice problems resulting in the death of a patient or involving significant harm or potentially significant harm to a patient;

c. Has had previous formal disciplinary action (related to his/her chemical dependency or mental illness) taken by a nursing board against her/him;

d. Has been convicted of any crime related to a controlled substance or legend prescription drug.

D. Causes for Termination from the Non-disciplinary Program

1. A nurse participating in the program may be terminated for any of the following reasons:

a. Noncompliance with any aspect of the contract;

b. Receipt of information by the Board, which after investigation, results in disciplinary action by the Board.

c. Engaged in any act that would have been cause to have initially disqualified the nurse applicant from participation in the program.

2. If the nurse does not agree to voluntarily participate in a treatment program protocol, or fails to satisfactorily complete a treatment program, the Board may initiate disciplinary proceedings.

E. Confidentiality

1. All records pertaining to a nurse's participation in the non-disciplinary program are confidential and not subject to discovery, subpoena or public disclosure.

2. A nurse's record shall be maintained in confidence as required by federal and state laws and regulations, and in particular, in accord with section 408 of Public Law 92-55 (the Drug Abuse Prevention, Treatment and Rehabilitation Act, 21 U.S.C. § 1175), as amended, and the regulations contained in 42 C.F.R. Part 2.

216 R.I. Code R. § 216-RICR-40-05-3.10