Missouri Revised Statutes













Chapter 335

Nurses

←335.066

Section 335.067.1

335.068→

August 28, 2015

Impaired nurse program may be established by the board--purpose of program--contracts--immunity from liability, when--confidentiality of records.

335.067. 1. The state board of nursing may establish an impaired nurse

program to promote the early identification, intervention, treatment, and

rehabilitation of nurses who may be impaired by reasons of illness, substance

abuse, or as a result of any mental condition. This program shall be

available to anyone holding a current license and may be entered voluntarily,

as part of an agreement with the board of nursing, or as a condition of a

disciplinary order entered by the board of nursing.



2. The board may enter into a contractual agreement with a nonprofit

corporation or a nursing association for the purpose of creating, supporting,

and maintaining a program to be designated as the impaired nurse program.

The board may promulgate administrative rules subject to the provisions of

this section and chapter 536 to effectuate and implement any program formed

pursuant to this section.



3. The board may expend appropriated funds necessary to provide for

operational expenses of the program formed pursuant to this section.



4. Any member of the program, as well as any administrator, staff member,

consultant, agent, or employee of the program, acting within the scope of his

or her duties and without actual malice, and all other persons who furnish

information to the program in good faith and without actual malice, shall not

be liable for any claim of damages as a result of any statement, decision,

opinion, investigation, or action taken by the program, or by any individual

member of the program.



5. All information, interviews, reports, statements, memoranda, or other

documents furnished to or produced by the program, as well as communications

to or from the program, any findings, conclusions, interventions, treatment,

rehabilitation, or other proceedings of the program which in any way pertain

to a licensee who may be, or who actually is, impaired shall be privileged

and confidential.



6. All records and proceedings of the program which pertain or refer to a

licensee who may be, or who actually is, impaired shall be privileged and

confidential and shall be used by the program and its members only in the

exercise of the proper function of the program and shall not be considered

public records under chapter 610 and shall not be subject to court subpoena

or subject to discovery or introduction as evidence in any civil, criminal, or

administrative proceedings except as provided in subsection 7 of this section.



7. The program shall disclose information relative to an impaired

licensee only when:



(1) It is essential to disclose the information to further the

intervention, treatment, or rehabilitation needs of the impaired licensee and

only to those persons or organizations with a need to know;



(2) Its release is authorized in writing by the impaired licensee;



(3) A licensee has breached his or her contract with the program. In

this instance, the breach may be reported only to the board of nursing; or



(4) The information is subject to a court order.



8. When pursuing discipline against a licensed practical nurse,

registered nurse, or advanced practice registered nurse for violating one or

more causes stated in subsection 2 of section 335.066, the board may, if the

violation is related to chemical dependency or mental health, require that

the licensed practical nurse, registered nurse, or advanced practice

registered nurse complete the impaired nurse program under such terms and

conditions as are agreed to by the board and the licensee for a period not to

exceed five years. If the licensee violates a term or condition of an

impaired nurse program agreement entered into under this section, the board

may elect to pursue discipline against the licensee pursuant to chapter 621

for the original conduct that resulted in the impaired nurse program

agreement, or for any subsequent violation of subsection 2 of section 335.066.

While the licensee participates in the impaired nurse program, the time

limitations of section 620.154 shall toll under subsection 7 of section

620.154. All records pertaining to the impaired nurse program agreements are

confidential and may only be released under subdivision (7) of subsection 14

of section 620.010.



9. The board may disclose information and records to the impaired nurse

program to assist the program in the identification, intervention, treatment,

and rehabilitation of licensed practical nurses, registered nurses, or

advanced practice registered nurses who may be impaired by reason of illness,

substance abuse, or as the result of any physical or mental condition. The

program shall keep all information and records provided by the board

confidential to the extent the board is required to treat the information and

records closed to the public under chapter 620.



(L. 2007 H.B. 780 and L. 2007 S.B. 308, A.L. 2011 H.B. 315)







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