Oklahoma § 59-567.17 - Peer assistance program

§ 59-567.17. Peer assistance program

A. There is hereby established a peer assistance program to

rehabilitate nurses whose competency may be compromised because of

the abuse of drugs or alcohol, so that such nurses can be treated

and can return to or continue the practice of nursing in a manner

which will benefit the public. The program shall be under the

supervision and control of the Oklahoma Board of Nursing.

B. The Board shall appoint one or more peer assistance

evaluation advisory committees hereinafter called the "peer

assistance committees". Each of these committees shall be composed

of members, the majority of which shall be licensed nurses with

expertise in chemical dependency. The peer assistance committees

shall function under the authority of the Oklahoma Board of Nursing

in accordance with the rules of the Board. The committee members

shall serve without pay, but may be reimbursed for the expenses

incurred in the discharge of their official duties in accordance

with the State Travel Reimbursement Act.

C. The Board shall appoint and employ a qualified person, who

shall be a registered nurse, to serve as program coordinator and

shall fix such person's compensation. The Board shall define the

duties of the program coordinator who shall report directly to the

Executive Director of the Board and be subject to the Executive

Director's direction and control.

D. The Board is authorized to adopt and revise rules, not

inconsistent with the Oklahoma Nursing Practice Act, as may be

necessary to enable it to carry into effect the provisions of this

section.

E. A portion of licensing fees for each nurse not to exceed Ten

Dollars ($10.00) may be used to implement and maintain the peer

assistance program.

F. Records of the nurse enrolled in the peer assistance program

shall be maintained in the program office in a place separate and

Oklahoma Statutes - Title 59. Professions and Occupations

apart from the Board's records. The records shall be made public

only by subpoena and court order; provided, however, confidential

treatment shall be canceled upon default by the nurse in complying

with the requirements of the program.

G. Any person making a report to the Board or to a peer

assistance committee regarding a nurse suspected of practicing

nursing while habitually intemperate or addicted to the use of

habit-forming drugs, or a nurse's progress or lack of progress in

rehabilitation, shall be immune from any civil or criminal action

resulting from such reports, provided such reports are made in good

faith.

H. A nurse's participation in the peer assistance program in no

way precludes additional proceedings by the Board for acts or

omissions of acts not specifically related to the circumstances

resulting in the nurse's entry into the program. However, in the

event the nurse defaults from the program, the Board may discipline

the nurse for those acts which led to the nurse entering the

program.

I. The Executive Director of the Board shall suspend the

license of a licensee who applied and entered the peer assistance

program by choice without any order by the Board immediately upon

notification that the licensee has defaulted from the peer

assistance program, and shall assign a hearing date for the matter

to be presented to the Board. A licensee who was directed to apply

and enter the peer assistance program by an order of the Board and

who does not enter or who defaults from the peer assistance program

for any reason shall be disciplined as set forth in the order of the

Board that directed the nurse to apply and enter the peer assistance

program.

J. Any person who enters the peer assistance program

voluntarily or otherwise shall be responsible for any and all costs

associated with participation in the peer assistance program.

K. A nurse may apply to participate in the peer assistance

program by choice or may be directed to apply to the program by an

order of the Board. In either case, conditions shall be placed on

the nurse's license to practice nursing during the period of

participation in the peer assistance program.

L. With regards to the peer assistance program, unless the

context otherwise requires:

1. "Board" means the Oklahoma Board of Nursing;

2. "Peer assistance committee" means the peer assistance

evaluation advisory committee created in this section, which is

appointed by the Oklahoma Board of Nursing to carry out specified

duties; and

3. "Default" means the licensee has failed to comply with the

contract and/or amended contracts and/or treatment plans, as

determined by the peer assistance committee, and/or has been

Oklahoma Statutes - Title 59. Professions and Occupations

terminated from the peer assistance program as defined in Board

rules.

Added by Laws 1994, c. 97, § 6, eff. July 1, 1994. Amended by Laws

2003, c. 190, § 6, eff. Nov. 1, 2003; Laws 2011, c. 101, § 10, eff.

Nov. 1, 2011; Laws 2016, c. 190, § 4, eff. Nov. 1, 2016; Laws 2017,

c. 281, § 4, eff. Nov. 1, 2017.