Sec. 31. (a) As used in this section, "impaired registered nurse or licensed practical nurse" means a registered nurse or licensed practical nurse who has been affected by the use or abuse of alcohol or other drugs.
(b) The board shall assist in the rehabilitation of an impaired registered nurse or licensed practical nurse.
(c) The board may do the following:
(1) Enter into agreements, provide grants, and make other arrangements with statewide nonprofit professional associations, foundations, or other entities specifically devoted to the rehabilitation of impaired health care professionals to identify and assist impaired registered nurses and licensed practical nurses.
(2) Accept and designate grants, public and private financial assistance, and licensure fees to fund programs under subdivision (1) to assist impaired registered nurses and licensed practical nurses.
(d) Except as provided in subsection (f), all:
(1) information furnished to a nonprofit professional association, foundation, or other entity specifically devoted to the rehabilitation of impaired health care professionals, including interviews, reports, statements, and memoranda; and
(2) findings, conclusions, or recommendations that result from a proceeding of the professional association, foundation, or other entity specifically devoted to the rehabilitation of impaired health care professionals;
are privileged and confidential.
(e) The records of a proceeding under subsection (d) may be used only in the exercise of proper functions of the board, and may not become public records or subject to a subpoena or discovery proceeding.
(f) Information received by the board from the board designated rehabilitation program for noncompliance by the registered nurse or licensed practical nurse may be used by the board in any disciplinary or criminal proceedings instituted against the impaired registered nurse or licensed practical nurse.
(g) The board designated rehabilitation program shall:
(1) immediately report to the board the name and results of any contact or investigation concerning an impaired registered nurse or licensed practical nurse who the program believes constitutes a certain, immediate, and impending danger to either the public or the impaired registered nurse or licensed practical nurse; and
(2) in a timely fashion report to the board an impaired registered nurse or licensed practical nurse:
(A) who refuses to cooperate with the program;
(B) who refuses to submit to treatment; or
(C) whose impairment is not substantially or significantly alleviated through treatment, as determined by accepted medical standards.
As added by P.L.185-1993, SEC.12. Amended by P.L.243-1995, SEC.2; P.L.181-2002, SEC.10.
Structure Indiana Code
Title 25. Professions and Occupations
Chapter 1. Licensing of Nurses; Creation of Board; Education Programs
25-23-1-0.1. Application of Certain Amendments to Chapter
25-23-1-1.1. Additional Definitions
25-23-1-1.2. "Licensed Practical Nurse"
25-23-1-1.3. "Practical Nursing"
25-23-1-1.4. "Certified Registered Nurse Anesthetist"
25-23-1-1.5. "Inspect Program"
25-23-1-2. Board Established; Members
25-23-1-4. Qualifications of Members of Board; Oath
25-23-1-5. Meetings; Officers; Quorum
25-23-1-7. Powers and Duties of Board
25-23-1-7.1. Rules and Regulations
25-23-1-10. Compensation of Board Members
25-23-1-10.5. Temporary Permits
25-23-1-11. Requirements for Registered Nurse Applicants; Endorsement License; Fees; Use of Title
25-23-1-12. Requirements for Practical Nurse Applicants; Endorsement License; Fees; Use of Title
25-23-1-13.1. Certified Nurse Midwives
25-23-1-16.1. Expiration of License; Renewal; Fee
25-23-1-17. Receipts; Use and Disposition
25-23-1-18. Failure to Renew License; Reinstatement; Fee
25-23-1-19.5. Advanced Practice Registered Nurses; Authority to Prescribe Drugs
25-23-1-19.6. Advanced Practice Registered Nurses; Identification Numbers
25-23-1-19.7. Renewal of Prescriptive Authority
25-23-1-19.9. Inspect Program Report in Patient's Medical File
25-23-1-20. Application for Nursing Education Program; Employment of Registered Nurses
25-23-1-20.1. Nursing School Enrollment Rates
25-23-1-20.2. Substitution of Simulation Hours
25-23-1-20.3. Clinical Preceptor Qualifications; Rules
25-23-1-20.4. Part-Time Faculty
25-23-1-21. Survey by Board; Approval; Surveys of Accredited Schools
25-23-1-21.5. Education Compliance Officer
25-23-1-26. Duty of Attorney General
25-23-1-27. Violations; Penalty
25-23-1-27.1. Limitations on Application of Chapter; "Licensed Health Professional"
25-23-1-27.2. Injunction From Continuing Violation of Chapter; Punishment
25-23-1-29. Practitioners of Church of Christ Scientist
25-23-1-30. Administration of Anesthesia by Certified Registered Nurse Anesthetist
25-23-1-33. Professing to Be Nurse Practitioner or Clinical Nurse Specialist; Use of Title
25-23-1-34. Impaired Nurses Account
25-23-1-35. Requirements to Practice as a Forensic Nurse; Continuing Education