Article 3.1 - Intervention Program

California Business and Professions Code — §§ 2770-2770.14

Sections (7)

Amended by Stats. 2015, Ch. 426, Sec. 22. (SB 800) Effective January 1, 2016.

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.

§ 2770.1

Amended by Stats. 2015, Ch. 426, Sec. 23. (SB 800) Effective January 1, 2016.

As used in this article:

(a)“Board” means the Board of Registered Nursing.

(b)“Committee” means an intervention evaluation committee created by this article.

(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.

§ 2770.10

Amended by Stats. 2015, Ch. 426, Sec. 27. (SB 800) Effective January 1, 2016.

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.

§ 2770.11

Amended by Stats. 2023, Ch. 510, Sec. 38. (SB 887) Effective January 1, 2024.

(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)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.

§ 2770.12

Amended by Stats. 2015, Ch. 426, Sec. 29. (SB 800) Effective January 1, 2016.

(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)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)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)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)Files a lawsuit against the board relating to any aspect of the intervention program.

(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.

§ 2770.13

Amended by Stats. 2015, Ch. 426, Sec. 30. (SB 800) Effective January 1, 2016.

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.

§ 2770.14

Amended by Stats. 1999, Ch. 655, Sec. 41. Effective January 1, 2000.

(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)The board shall conduct a periodic cost analysis of the program.