{"data":{"id":"us-ky/krs-314.171","jurisdiction":"us-ky","citation":"KRS 314.171","heading":"Alternative to discipline program -- Authority for administrative","body":"regulations -- Nonliability for actions -- Confidentiality of materials and\nproceedings -- Disclosure of information.\n(1) The board may establish an alternative to discipline program to  promote the early\nidentification, intervention, treatment, and rehabilitation of nurses who may be\nimpaired by reason of alcohol or drug abuse. In addition, the board may include in\nthis program nurses or applicants who have practice competency deficits.\n(2) The board may enter into a contractual agreement with a nonprofit corporation,\nnursing professional organization, or similar organization for the purpose of\ncreating, supporting, and maintaining an alternative to discipline program.\n(3) The board may p romulgate administrative regulations pursuant to KRS Chapter\n13A to effectuate and implement an alternative to discipline program formed\npursuant to this section.\n(4) Beginning January 1, 1997, the board shall collect an assessment of five dollars ($5)\nto be added to each nurse licensure renewal application fee payable to the board,\nproceeds from which shall be expended on the operation of an alternative to\ndiscipline program formed pursuant to this section.\n(5) Any administrator, staff member, consultant, agent, volunteer, or employee of the\nalternative to discipline program acting within the scope of their duties and without\nactual malice, and all other persons who furnish information to the alternative to\ndiscipline program in good faith and without actua l malice, shall not be liable for\nany claim or damages as a result of any statement, decision, opinion, investigation,\nor action taken by the alternative to discipline program or staff.\n(6) All interviews, reports, statements, memoranda, or other documents  furnished to or\nproduced by the alternative to discipline program, all communications to or from\nthe alternative to discipline program, and all proceedings, findings, and conclusions\nof the alternative to discipline program including those relating to int ervention,\ntreatment, or rehabilitation, which in any way pertain or refer to a nurse who is or\nmay be impaired, shall be privileged and confidential.\n(7) All records and proceedings of the alternative to discipline program which pertain\nor refer to a nurs e who is or may be impaired shall be privileged and confidential,\nshall be used by the alternative to discipline program, board members, or board staff\nonly in the exercise of the proper function of the alternative to discipline program,\nshall not be consi dered public records, and shall not be subject to court subpoena,\ndiscovery, or introduction as evidence in any civil, criminal, or administrative\nproceedings except as described in subsection (8) of this section.\n(8) The alternative to discipline program may only disclose information relative to an\nimpaired nurse if:\n(a) It is essential to disclose the information to persons or organizations needing\nthe information in order to address the intervention, treatment, or\nrehabilitation needs of the impaired nurse;\n(b) The release is authorized in writing by the impaired nurse; or\n(c) The alternative to discipline program is required to make a report to the board\npursuant to KRS 314.031(4).\n(9) The alternative to discipline program may order an examination or eva luation under\nKRS 314.085 at any time following initial contact by a potential applicant to the\nprogram.\n(10) Notwithstanding any other provision of law to the contrary, the board shall disclose\nthe fact of a nurse's participation in the alternative to dis cipline program to the\npublic. No information other than the nurse's participation in the alternative to\ndiscipline program shall be disclosed.","path":["KRS Chapter 314"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30939","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:10Z","sha256":"53247c6e9d735e0c1754e3bd4f00679175a8025ca0bfa7cb0c6d328390ca8197","source_id":"us-ky","stale":false,"prev":"us-ky/krs-314.170","next":"us-ky/krs-314.180"},"notice":"GroundRules: Original legal text. Not legal advice."}