§ 3–1251.09. Description of the Program.

(a) Admission to the Program is voluntary.

(b) A colleague, employer, or the Board may refer impaired nurses to the Program through a self-report, formal complaint.

(1) Caused an injury to an individual while practicing nursing;

(2) Malpractice litigation pending against him or her alleging that he or she caused an injury to an individual while practicing nursing; or

(3) Been arrested for diversion of controlled substances for sale or distribution.

(d) The Committee and the nurse shall enter into a written contract that sets forth the requirements and conditions for the nurse’s participation in the Program.

(e) A nurse who fails to comply with the requirements and conditions of the written contract shall be reported to the Board for disciplinary action. The Board may take such action as described in § 3-1205.14 (revocation, suspension, or denial of license or privilege, civil penalty, reprimand) against a nurse who is expelled from the rehabilitation program for noncompliance. The Board shall not be required to recommend a course of remediation, as described in § 3-1205.14(c)(6), for a nurse who is expelled from a rehabilitation program. The license of a nurse who is expelled from the rehabilitation program for noncompliance may be immediately suspended or restricted as described in § 3-1205.15 (summary action).

(f) Evaluation of a nurse for participation in the Program shall be the responsibility of the Committee.

(g) At the request of the Board, the Committee, in consultation with the treatment providers, may evaluate a nurse with a drug or alcohol abuse problem, or mental illness, for readiness to return to the practice of nursing.

(h) An impaired nurse who is participating in the rehabilitation program may voluntarily limit or surrender any license issued under Chapter 12 of this title in accordance with § 3-1205.18.