N.Y. Education Law § 6510-c: Nurse peer assistance programs

§ 6510-c. Nurse peer assistance programs. 1. As used in this section:

a. "Drug-related problem" means a problem or problems that are related

to the use, misuse or addiction to drugs or alcohol.

b. "Participant" means an individual licensed pursuant to article one

hundred thirty-nine of this title who has or may have a drug-related

problem.

c. "Approved nurse peer assistance program" means a program operated

by the New York State Nurses Association or a statewide professional

association of nurses which has experience in providing peer assistance

services to nurses who have drug-related problems which are designed to

help a participant or a licensee's employer and has been approved by the

department in accordance with criteria established in regulations of the

commissioner.

d. "Peer assistance services" includes assessing the needs of a

participant, including early identification of drug-related problems,

and providing information, support, and advice as requested by a

participant.

2. a. The department shall provide funds, including but not limited to

a portion of the funds made available pursuant to the provisions of this

section, for services provided by an approved nurse peer assistance

program. Funds used to provide services shall not be used for the

treatment of participants. Funded services shall include, but not be

limited to:

(1) providing peer assistance services for nurses with drug-related

problems;

(2) maintaining a toll-free telephone information line for anonymous

nurses, their employers, and others to provide assistance in the

identification of services and information for nurses dealing with

drug-related problems;

3. training monitors for the professional assistance program;

4. arranging for mental health consultants to assess nurses for the

professional assistance program, as needed; and

5. preparing written assessments of nurses who have been referred from

the professional assistance program.

b. An additional fee of fifteen dollars shall be paid at the time of

application for licensure and first registration and every registration

by those licensed pursuant to article one hundred thirty-nine of this

title for the purpose of implementing this program. The funds made

available under this provision shall be deposited in the office of

professions special revenue account for its purposes in implementing

this section. The department may use a portion of this amount for its

administrative expenses incurred in implementing this program including,

but not limited to, employment of personnel, the costs of approving and

contracting with a peer assistance program as required by this section

and outreach activities to promote this program.

3. No approved nurse peer assistance program or individual who serves

in an approved nurse peer assistance program shall be liable in damages

to any person for any action taken or not taken or recommendations made

unless, based on the facts disclosed by a participant, the conduct of

the program or person with respect to the person asserting liability

constituted negligence, gross negligence, or intentional misconduct.

4. All information concerning a participant gathered by the approved

nurse peer assistance program shall be strictly confidential and may not

be released to any person or body without the consent of the

participant, except upon the order of a court in a pending action or

proceeding. Aggregate data may be released to the committee on drug and

alcohol abuse.