It is enacted by the General Assembly as follows:

SECTION 1. 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 non-disciplinary 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 non-disciplinary program shall be confidential and not subject to discovery, subpoena or public disclosure. Provided, however, that information related to the non-disciplinary 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 non-disciplinary substance abuse program. -- ADD} {ADD (1) nurse previously enrolled in the non-disciplinary program and referred to the board of 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 non-disciplinary 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, another nurse 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 satisfactorily 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 non-disciplinary alternative advisory panel shall be established to assist the department of health in developing rules and regulations pursuant to this act. The panel, appointed by the director of the department of health, shall consist of eight (8) members as follows:

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

(b) One (1) person who shall be a member of an employee assistance program in Rhode Island designated by the director of the department of health.

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

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

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

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

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

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

SECTION 2. This act shall take effect upon passage.