TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1300 NURSE PRACTICE ACT
SECTION 1300.110 MANDATORY REPORTING OF IMPAIRED NURSES
Section 1300.110 Mandatory Reporting of Impaired Nurses
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 licensed practical nurse, registered professional nurse or advanced practice nurse is:
1) impaired due to the use of alcohol or mood altering drugs to the extent that the impairment adversely affects the nurse'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 nurse participates in a course of remedial professional counseling or medical treatment for substance abuse.
b) The administrator need not report the nurse 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 nurse continues to be employed by that hospital, nursing home, health care agency or facility, or nurse agency.
c) However, if the nurse fails to comply with treatment or leaves employment of the institution for any reason, the administrator shall report the nurse 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 nurse, the Division may seek to discipline the nurse pursuant to Section 70-5 of the Act.