KRS 314.171: Alternative to discipline program -- Authority for administrative

regulations -- Nonliability for actions -- Confidentiality of materials and

proceedings -- Disclosure of information.

(1) The board may establish an alternative to discipline program to promote the early

identification, intervention, treatment, and rehabilitation of nurses who may be

impaired by reason of alcohol or drug abuse. In addition, the board may include in

this program nurses or applicants who have practice competency deficits.

(2) The board may enter into a contractual agreement with a nonprofit corporation,

nursing professional organization, or similar organization for the purpose of

creating, supporting, and maintaining an alternative to discipline program.

(3) The board may p romulgate administrative regulations pursuant to KRS Chapter

13A to effectuate and implement an alternative to discipline program formed

pursuant to this section.

(4) Beginning January 1, 1997, the board shall collect an assessment of five dollars ($5)

to be added to each nurse licensure renewal application fee payable to the board,

proceeds from which shall be expended on the operation of an alternative to

discipline program formed pursuant to this section.

(5) Any administrator, staff member, consultant, agent, volunteer, or employee of the

alternative to discipline program acting within the scope of their duties and without

actual malice, and all other persons who furnish information to the alternative to

discipline program in good faith and without actua l malice, shall not be liable for

any claim or damages as a result of any statement, decision, opinion, investigation,

or action taken by the alternative to discipline program or staff.

(6) All interviews, reports, statements, memoranda, or other documents furnished to or

produced by the alternative to discipline program, all communications to or from

the alternative to discipline program, and all proceedings, findings, and conclusions

of the alternative to discipline program including those relating to int ervention,

treatment, or rehabilitation, which in any way pertain or refer to a nurse who is or

may be impaired, shall be privileged and confidential.

(7) All records and proceedings of the alternative to discipline program which pertain

or refer to a nurs e who is or may be impaired shall be privileged and confidential,

shall be used by the alternative to discipline program, board members, or board staff

only in the exercise of the proper function of the alternative to discipline program,

shall not be consi dered public records, and shall not be subject to court subpoena,

discovery, or introduction as evidence in any civil, criminal, or administrative

proceedings except as described in subsection (8) of this section.

(8) The alternative to discipline program may only disclose information relative to an

impaired nurse if:

(a) It is essential to disclose the information to persons or organizations needing

the information in order to address the intervention, treatment, or

rehabilitation needs of the impaired nurse;

(b) The release is authorized in writing by the impaired nurse; or

(c) The alternative to discipline program is required to make a report to the board

pursuant to KRS 314.031(4).

(9) The alternative to discipline program may order an examination or eva luation under

KRS 314.085 at any time following initial contact by a potential applicant to the

program.

(10) Notwithstanding any other provision of law to the contrary, the board shall disclose

the fact of a nurse's participation in the alternative to dis cipline program to the

public. No information other than the nurse's participation in the alternative to

discipline program shall be disclosed.