Section 1300.110 Mandatory Reporting of Impaired Licensees

Section 1300.110  Mandatory Reporting of Impaired Licensees

a)

Any

nurse who is an administrator or officer in any hospital, nursing home, other

health care agency or facility, or nurse agency and has knowledge of any action

or condition which reasonably indicates that a

licensee under the Act:

1)

is

impaired due to the use of alcohol or mood altering drugs to the extent that

the impairment adversely affects the

licensee's

professional performance;

or

2)

unlawfully

possesses, uses, distributes or converts mood altering drugs

(Section 70-10(a)

of the Act) shall report the individual to the Division or designee of the

Division unless the licensee participates in a course of remedial professional

counseling or medical treatment for substance abuse.

b)         The

administrator need not report the licensee in question so long as the nurse

actively pursues treatment under monitoring by the administrator or officer or

by the hospital, nursing home, health care agency or facility, or nurse agency

and the licensee continues to be employed by that hospital, nursing home,

health care agency or facility, or nurse agency.

c)         However,

if the licensee fails to comply with treatment or leaves employment of the

institution for any reason, the administrator shall report the licensee to the

Division.

d)         Notwithstanding

any other Section or provisions of the Nurse Practice Act, if the Division

verifies habitual intoxication or drug addiction that adversely affects

professional performance or the unlawful possession, use, distribution or

conversion of habit forming drugs by the reported licensee, the Division may

seek to discipline the licensee pursuant to Section 70-5 of the Act.