It is enacted by the General Assembly as follows:

SECTION 1. Section 5-34-24 of the General Laws in Chapter 5-34 entitled "Nurses" is hereby amended to read as follows:

{ADD 5-34-24. Grounds for discipline of licensees. -- ADD} The board of nurse registration and nursing education shall have the power to deny, revoke, or suspend any license to practice nursing {ADD ; to provide for a nondisciplinary alternative only in situations involving alcohol or drug abuse ADD} or otherwise to discipline a licensee upon proof that the person is:

(a) Guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing;

(b) Guilty of a crime of gross immorality;

(c) Unfit or incompetent by reason of negligence or habits;

(d) Habitually intemperate or is addicted to the use of habit-forming drugs;

(e) Mentally incompetent;

(f) Guilty of unprofessional conduct which includes, but is not limited to, all of the above and also:

(1) Abandonment of a patient;

(2) Willfully making and filing false reports or records in the practice of nursing;

(3) Willful omission to file or record nursing records and reports as required by law;

(4) Failure to furnish appropriate details of a client's nursing needs to succeeding nurses legally qualified to provide continuing nursing services to a client;

(5) Willful disregard of standards of nursing practice and failure to maintain standards established by the nursing profession; and

(g) Guilty of willfully or repeatedly violating any of the provisions of this chapter and/or rule or regulation adopted thereunder.

SECTION 2. Chapter 5-34 of the General Laws entitled "Nurses" is hereby amended by adding thereto the following sections:

{ADD 5-34-24.1. Non disciplinary alternative. -- ADD} {ADD The board of nursing may provide for a nondisciplinary alternative in situations involving alcohol and drug abuse, provided the nurse agrees to voluntarily participate in a program of treatment and rehabilitation. All records pertaining to a nurse's participation in the nondisciplinary program shall be confidential and not subject to discovery, subpoena or public disclosure. Provided, however, that information related to the nondisciplinary program shall be provided to the nurse's employer to ensure adequate worksite monitoring and compliance. ADD}

{ADD 5-34-24.2. Criteria which disqualify a nurse from participating in a nondisciplinary substance abuse program. -- ADD} {ADD (1) Nurse previously enrolled in the nondisciplinary program and referred to the board for action.

(2) Nurse who has diverted drugs.

(3) Nurse convicted of the sale, distribution or manufacture of illegal substances.

(4) Severity of a chemical dependency problem that could represent a clear and present danger to patient health and safety.

(5) Any other criteria established by the board of nursing by regulation. ADD}

{ADD 5-34-24.3. Criteria for admission to the program. -- ADD} {ADD A nurse may be considered for a nondisciplinary program in the following ways:

(1) By self referral;

(2) By employer referral;

(3) By identification of chemical dependency in conjunction with a sworn complaint filed against the nurse;

(4) By referral from a family member, friend, nurse peer or professional nurse association, or other health care provider.

If the nurse does not agree to voluntarily participate in a treatment program protocol approved by the board of nursing, or fails to sastisfactorily complete a treatment program, the board of nursing shall be informed and shall initiate disciplinary proceedings. ADD}

{ADD 5-34-24.4. Advisory panel. -- ADD} {ADD A nondisciplinary alternative advisory panel shall be established to assist the department of health in developing rules and regulations for this statute. The panel, appointed by the director of the department of health, shall consist of the following:

(a) One (1) person who shall be a member of the nurse executive committee of the hospital association of Rhode Island recommended by the president of the hospital association;

(b) One (1) person who shall be a member of an employee assistance program in Rhode Island;

(c) One (1) person who shall be a member of the Rhode Island state nurses association; recommended by its president.

(d) One (1) person who shall be a member of the American federation of teachers/federation of health professionals recommended by its president;

(e) One (1) person who shall be a member of the Rhode Island health care association recommended by its president;

(f) One (1) person who shall be a member of the Rhode Island association of facilities for the aging recommended by its president;

(g) One (1) person who shall be a member of the Rhode Island visiting nurse association recommended by its president;

(h) One (1) person who shall be a member of the New England health care employees union, district 1199 recommended by its president. ADD}

SECTION 3. This act shall take effect upon passage.