Section § 2770

Explanation

This law is about helping registered nurses in California who have problems with alcohol, drugs, or mental health issues. The goal is to support these nurses so they can get better and safely return to work without putting the public at risk. Instead of punishing them, the Board of Registered Nursing should set up a voluntary program to help them recover.

It is the intent of the Legislature that the Board of Registered Nursing seek ways and means to identify and rehabilitate registered nurses whose competency may be impaired due to abuse of alcohol and other drugs, or due to mental illness so that registered nurses so afflicted may be rehabilitated and returned to the practice of nursing in a manner that will not endanger the public health and safety. It is also the intent of the Legislature that the Board of Registered Nursing shall implement this legislation by establishing an intervention program as a voluntary alternative to traditional disciplinary actions.

Section § 2770.1

Explanation

This part of the law explains some specific terms. 'Board' refers to the Board of Registered Nursing. 'Committee' means a special group called an intervention evaluation committee. 'Program manager' is the person in charge of the intervention program, who should have experience in substance abuse issues.

As used in this article:
(a)CA Business & Professions Code § 2770.1(a) “Board” means the Board of Registered Nursing.
(b)CA Business & Professions Code § 2770.1(b) “Committee” means an intervention evaluation committee created by this article.
(c)CA Business & Professions Code § 2770.1(c) “Program manager” means the staff manager of the intervention program, as designated by the executive officer of the board. The program manager shall have background experience in dealing with substance abuse issues.

Section § 2770.10

Explanation

This law allows a committee to meet privately, instead of in a public meeting, when discussing reports about a registered nurse who is either asking for help or already involved in an intervention program. The privacy of the nurse involved is the key reason for having these closed-door meetings.

Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to public meetings, a committee may convene in closed session to consider reports pertaining to any registered nurse requesting or participating in an intervention program. A committee shall only convene in closed session to the extent that it is necessary to protect the privacy of such a licentiate.

Section § 2770.11

Explanation

If a registered nurse wants to join an intervention program for rehabilitation, they must agree to follow the program designed for them. If they don't stick to the program, they may be kicked out and the board will be notified with their name and license number. If a nurse is denied entry or kicked out of the program and poses a risk to themselves or others, their information and program records will be sent to the board, which can then use these records in any future disciplinary actions.

(a)CA Business & Professions Code § 2770.11(a) Each registered nurse who requests participation in an intervention program shall agree to cooperate with the rehabilitation program designed by the committee and approved by the program manager. Any failure to comply with a rehabilitation program may result in termination of the registered nurse’s participation in a program. The name and license number of a registered nurse who is terminated for any reason, other than successful completion, shall be reported to the board’s enforcement program.
(b)CA Business & Professions Code § 2770.11(b) If the program manager determines that a registered nurse, who is denied admission into the program or terminated from the program, presents a threat to the public or their own health and safety, the program manager shall report the name and license number, along with a copy of all intervention program records for that registered nurse, to the board’s enforcement program. The board may use any of the records it receives under this subdivision in any disciplinary proceeding.

Section § 2770.12

Explanation

This law section explains what happens with the records of a registered nurse who completes an intervention program. Once successfully finished, all related records are deleted. Any records about the nurse's participation in the program are confidential and can't be used in legal proceedings unless the nurse talks about them in a disciplinary process, sues the board, or claims that a delay in the board's actions caused harm. If the nurse does any of these, they give up their confidentiality rights about the intervention program to the extent needed to verify their claims.

(a)CA Business & Professions Code § 2770.12(a) After the committee and the program manager in their discretion have determined that a registered nurse has successfully completed the intervention program, all records pertaining to the registered nurse’s participation in the intervention program shall be purged.
(b)CA Business & Professions Code § 2770.12(b) All board and committee records and records of a proceeding pertaining to the participation of a registered nurse in the intervention program shall be kept confidential and are not subject to discovery or subpoena, except as specified in subdivision (b) of Section 2770.11 and subdivision (c).
(c)CA Business & Professions Code § 2770.12(c) A registered nurse shall be deemed to have waived any rights granted by any laws and regulations relating to confidentiality of the intervention program, if he or she does any of the following:
(1)CA Business & Professions Code § 2770.12(c)(1) Presents information relating to any aspect of the intervention program during any stage of the disciplinary process subsequent to the filing of an accusation, statement of issues, or petition to compel an examination pursuant to Article 12.5 (commencing with Section 820) of Chapter 1. The waiver shall be limited to information necessary to verify or refute any information disclosed by the registered nurse.
(2)CA Business & Professions Code § 2770.12(c)(2) Files a lawsuit against the board relating to any aspect of the intervention program.
(3)CA Business & Professions Code § 2770.12(c)(3) Claims in defense to a disciplinary action, based on a complaint that led to the registered nurse’s participation in the intervention program, that he or she was prejudiced by the length of time that passed between the alleged violation and the filing of the accusation. The waiver shall be limited to information necessary to document the length of time the registered nurse participated in the intervention program.

Section § 2770.13

Explanation

This law ensures that if someone reports about a nurse's involvement in an intervention program and gets sued for defamation because of that report, the board is responsible for providing them with legal representation.

The board shall provide for the legal representation of any person making reports under this article to a committee or the board in any action for defamation directly resulting from those reports regarding a registered nurse’s participation in an intervention program.

Section § 2770.14

Explanation

This law section requires the board to create reports about the cases they handle, including how many cases are accepted, denied, or completed with or without compliance. Additionally, the board must regularly analyze the costs of their program.

(a)CA Business & Professions Code § 2770.14(a) The board shall produce reports which include, but are not limited to, information concerning the number of cases accepted, denied, or terminated with compliance or noncompliance.
(b)CA Business & Professions Code § 2770.14(b) The board shall conduct a periodic cost analysis of the program.

Section § 2770.2

Explanation
This law sets up intervention evaluation committees in California that focus on issues related to chemical dependency and mental illness. Each committee is made up of five members: three registered nurses with expertise in chemical dependency or psychiatric nursing, a physician who specializes in treating addiction or mental illness, and a public member knowledgeable in these areas. These members are appointed by a board, not exceeding four-year terms, and appointments need a majority board vote.
(a)CA Business & Professions Code § 2770.2(a) One or more intervention evaluation committees is hereby created in the state to be established by the board. Each committee shall be composed of five persons appointed by the board. No board member shall serve on any committee.
(b)CA Business & Professions Code § 2770.2(b) Each committee shall have the following composition:
(1)CA Business & Professions Code § 2770.2(b)(1) Three registered nurses, holding active California licenses, who have demonstrated expertise in the field of chemical dependency or psychiatric nursing.
(2)CA Business & Professions Code § 2770.2(b)(2) One physician, holding an active California license, who specializes in the diagnosis and treatment of addictive diseases or mental illness.
(3)CA Business & Professions Code § 2770.2(b)(3) One public member who is knowledgeable in the field of chemical dependency or mental illness.
(c)CA Business & Professions Code § 2770.2(c) It shall require a majority vote of the board to appoint a person to a committee. Each appointment shall be at the pleasure of the board for a term not to exceed four years. In its discretion the board may stagger the terms of the initial members appointed.

Section § 2770.3

Explanation

Members of a committee are entitled to a daily allowance and reimbursement for expenses as outlined in another law.

Each member of a committee shall receive per diem and expenses as provided in Section 103.

Section § 2770.4

Explanation

This law specifies that for a committee to conduct official business during a meeting, at least three members must be present. To make any decisions or take action, more than half of the committee members must agree.

Three members of a committee shall constitute a quorum for the transaction of business at any meeting. Any action requires a majority vote of the committee.

Section § 2770.5

Explanation
Each committee is responsible for choosing a chairperson and a vice chairperson from its own members.
Each committee shall elect from its membership a chairperson and a vice chairperson.

Section § 2770.6

Explanation

This law section says that the board is responsible for managing and applying the rules and requirements outlined in the article.

The board shall administer the provisions of this article.

Section § 2770.7

Explanation

This law explains how registered nurses in California can participate in an intervention program designed to address professional issues. Participation is voluntary and applies to nurses who ask to join. Nurses under investigation can enter the program but must acknowledge that ongoing investigations or disciplinary actions aren't necessarily stopped by their participation. The board can still look into past, present, or future misconduct regardless of the intervention program. If a nurse is removed from or leaves the program while being a threat to public safety, their treatment records can be used in future disciplinary actions. Lastly, nurses not complying with program rules are subject to disciplinary actions for any misconduct, and they will be reported to the board.

(a)CA Business & Professions Code § 2770.7(a) The board shall establish criteria for the acceptance, denial, or termination of registered nurses in the intervention program. Only those registered nurses who have voluntarily requested to participate in the intervention program shall participate in the program.
(b)CA Business & Professions Code § 2770.7(b) A registered nurse under current investigation by the board may request entry into the intervention program by contacting the board. Before authorizing a registered nurse to enter into the intervention program, the board may require the registered nurse under current investigation for any violations of this chapter or any other provision of this code to execute a statement of understanding that states that the registered nurse understands that any violations that would otherwise be the basis for discipline may still be investigated and may be the subject of disciplinary action in accordance with this section.
(c)Copy CA Business & Professions Code § 2770.7(c)
(1)Copy CA Business & Professions Code § 2770.7(c)(1) Neither acceptance nor participation in the intervention program shall preclude the board from investigating or continuing to investigate, or, except as provided in this subdivision, taking disciplinary action or continuing to take disciplinary action against, any registered nurse for any unprofessional conduct committed before, during, or after participation in the intervention program.
(2)CA Business & Professions Code § 2770.7(c)(2) The board may investigate at its discretion complaints against registered nurses participating in the intervention program.
(3)CA Business & Professions Code § 2770.7(c)(3) Disciplinary action with regard to acts committed before or during participation in the intervention program shall not take place unless the registered nurse withdraws or is terminated from the program.
(d)CA Business & Professions Code § 2770.7(d) All registered nurses shall sign an agreement of understanding that the withdrawal or termination from the intervention program at a time when the program manager or intervention evaluation committee determines the licentiate presents a threat to the public’s health and safety shall result in the utilization by the board of intervention program treatment records in disciplinary or criminal proceedings.
(e)CA Business & Professions Code § 2770.7(e) Any registered nurse terminated from the intervention program for failure to comply with program requirements is subject to disciplinary action by the board for acts committed before, during, and after participation in the intervention program. A registered nurse who has been under investigation by the board and has been terminated from the intervention program by an intervention evaluation committee shall be reported by the intervention evaluation committee to the board.

Section § 2770.8

Explanation

This section explains the responsibilities of a committee that helps with a program for registered nurses needing intervention. The committee, guided by an intervention program manager, evaluates nurses who want to join the program and recommends appropriate treatment services. They also review nurses' progress and determine if they can safely continue or return to nursing. Meetings are organized to discuss participation requests and make specific recommendations for the intervention plan, including necessary treatments and supervision.

A committee created under this article operates under the direction of the intervention program manager. The program manager has the primary responsibility to review and evaluate recommendations of the committee. Each committee shall have the following duties and responsibilities:
(a)CA Business & Professions Code § 2770.8(a) To evaluate those registered nurses who request participation in the program according to the guidelines prescribed by the board, and to make recommendations.
(b)CA Business & Professions Code § 2770.8(b) To review and designate those treatment services to which registered nurses in an intervention program may be referred.
(c)CA Business & Professions Code § 2770.8(c) To receive and review information concerning a registered nurse participating in the program.
(d)CA Business & Professions Code § 2770.8(d) To consider in the case of each registered nurse participating in a program whether he or she may with safety continue or resume the practice of nursing.
(e)CA Business & Professions Code § 2770.8(e) To call meetings as necessary to consider the requests of registered nurses to participate in an intervention program, and to consider reports regarding registered nurses participating in a program.
(f)CA Business & Professions Code § 2770.8(f) To make recommendations to the program manager regarding the terms and conditions of the intervention agreement for each registered nurse participating in the program, including treatment, supervision, and monitoring requirements.

Section § 2770.9

Explanation

This law requires that any registered nurse who wants to join a certain program must be informed about how the program works, what they need to do, and what could happen if they don't follow the rules.

The committee shall inform each registered nurse who requests participation in a program of the procedures followed in the program, of the rights and responsibilities of the registered nurse in the program, and of the possible results of noncompliance with the program.