067-00-17 Ark. Code R. § 8

Current through Register Vol. 49, No. 6, June, 2024

Rule 067.00.17-008 - Chapter 10: Alternative to Discipline

SECTION IQUALIFICATIONS FOR ADMISSION

In order to be eligible for admission to the ATD program the licensee or applicant for licensure shall:

A. Hold an Arkansas nursing license or be eligible for licensure;

B. Otherwise be eligible for continued licensure under the Arkansas Nurse Practice Act;

C. Admit in writing to a Substance Use Disorder (SUD) including alcohol; and

D. Voluntarily request participation in the ATD program.

E. A participant may transfer from another state's alternative program if it is substantively similar and approved by the ATD program director.

SECTION IIDENIAL TO PROGRAM

Licensees or applicants for licensure will be denied participation in the ATD program if they:

A. Do not meet the qualifications listed in Section I;

B. Diverted controlled substances for reasons other than self-administration;

C. Engaged in behaviors resulting in patient harm;

D. Have prior discipline by any board of nursing for substance abuse or diversion; or

E. Demonstrated unsuccessful participation resulting in termination from the Arkansas ATD program or similar program offered in another jurisdiction.

SECTION IIIREQUIREMENTS FOR PARTICIPATION

The participant shall:

A. Agree to immediately place licensure on inactive status;

B. Complete an in-depth psychological and addictive evaluation by a Board approved evaluator;

C. Agree to complete all treatment recommendations, if any, of the evaluator;

D. Admit, in writing, to violation of the Arkansas Nurse Practice Act;

E. Enter into an ATD program contract;

F. Execute any release necessary to give the ATD program director access to records, including but not limited to medical, employment and criminal records; and

G. Agree to not practice nursing without written authorization from the ATD program director.

SECTION IVSTANDARDS FOR APPROVED EVAULATORS AND TREATMENT PROVIDERS

A. Board approved evaluators shall meet the following standards:

1. Be a physician, psychiatrist, psychologist, or mental health certified Advanced Practice Registered Nurse who is engaged in the treatment of substance use disorder, including alcohol;

2. Demonstrate the ability to perform an examination to include a detailed history with the appropriate testing i.e. drug screens and other psychological testing as indicated;

3. Cooperate and communicate with the ATD program director; and

4. Submit evaluation reports according to Board approved criteria.

B. Board approved treatment providers shall meet the following standards:

1. Provide outpatient and/or inpatient treatment;

2. Cooperate and communicate with the ATD program director;

3. Submit individualized written plan of care to include, but not limited to, assessment, diagnosis, treatment goals, discharge criteria, and recommendations for continuing recovery; and

4. Meet all regulatory requirements in their respective state.

SECTION VDISCHARGE FROM PROGRAM

A. A participant shall be discharged from the ATD program upon:

1. Successful completion of all terms and conditions of the ATD program contract; or

2. Demonstration of noncompliance with the terms and conditions of the contract.

B. If discharged from the ATD program for noncompliance, the licensee shall immediately surrender their licensure, accept a consent agreement, or be scheduled for a Board hearing.

C. Participation in the ATD program does not preclude the Board from commencing any disciplinary action against a participant who is discharged from the ATD program or receives additional complaint(s).

D. A participant may transfer to another state's alternative program if it is substantively similar and approved by the Arkansas ATD program director.

E. If the participant voluntarily withdraws from the program, he/she shall immediately surrender his/her nursing licensure.

SECTION VIREPORTING TO THE BOARD

The ATD program director shall make the following information available to the board:

A. Names and results of any contact or investigation regarding an impaired nurse who is believed to be a danger to the public;

B. Names of participants who:

1. Fail to comply with the terms and conditions of the contract;

2. Refuse to cooperate with the ATD program director; or

3. Voluntarily withdraw or involuntarily discharge from the program;

C. An annual evaluation of the program; and

D. Other information and data as requested by the Board.

067.00.17 Ark. Code R. § 008

12/19/2017