N.D. Admin. Code 54-10-01-02

Current through Supplement No. 395, January, 2025

Section 54-10-01-02 - Elgibility and participation

1. Referrals can be made for participation in the program by:

a. The licensed nurse themselves;

b. A friend or family member;

c. The employer;

d. The board of nursing; or

e. An alternative to discipline program or board of nursing from another state.

2. Participation in the program may not be required if the nurse remains in compliance with the nurse's contract. To ensure public safety and to facilitate monitoring unless otherwise prohibited by law, the program contract authorizes the program to communicate directly with:

a. Current and prospective employers;

b. Health, mental health, and treatment providers;

c. Probation departments;

d. Drug court agencies;

e. Disciplinary, nondisciplinary, and regulatory agencies;

f. Recovery community programs and support individuals;

g. Drug test collection sites; and

h. Third-party monitoring and drug testing services.

3. Participants shall:

a. Be actively licensed as a nurse in North Dakota or be a nurse currently enrolled in an alternative to discipline program who is requesting endorsement from another state;

b. Have a physical, mental, or chemical dependency condition that is affecting, or may affect their nursing practice;

c. Agree to enter the program and provide consent voluntarily for appropriate medical, chemical dependency, or mental health evaluations;

d. Follow all recommendations of the evaluator; and

e. Agree to the terms set forth in the agreement.

4. Participants shall acknowledge that North Dakota is their home state for purposes of the nurse licensure compact and that during the term of the agreement their multistate licensure privilege to practice in all other party states will be deactivated until the contract is complete.

5. Participants may not practice nursing in any other state without prior written authorization from the North Dakota alternative to discipline program and the board of nursing and alternative to discipline program in the state in which the participant intends to practice.

N.D. Admin Code 54-10-01-02

Adopted by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 43-12.1

Law Implemented: NDCC 43-12.1-08