§ 17-87-801. Title
This subchapter shall be known and may be cited as the “Alternative to Discipline Act”.
§ 17-87-802. Purpose
The purpose of this subchapter is to: (1) Provide for the identification and treatment of nurses licensed by the Arkansas State Board of Nursing who suffer from impairments; (2) Promote public health and safety; and (3) Ensure the continued availability of the skills of highly trained nursing professionals for the benefit of the public.
§ 17-87-803. Definitions
As used in this subchapter: (1) “Alternative to discipline program” means a plan approved by the Arkansas State Board of Nursing for intervention, treatment, and rehabilitation of an impaired nurse; (2) “Impairment” means the inability or significant potential for inability to practice with reasonable safety and skill as a result of a diagnosed substance use […]
§ 17-87-804. Alternative to discipline program — Program coordinator duties — Board review
(a) The Arkansas State Board of Nursing shall create an alternative to discipline program which shall: (1) Serve as a diversion program to which the board may refer licensees when appropriate in lieu of or in addition to other disciplinary action; and (2) Be a source of referral for nurses who, on a strictly voluntary […]
§ 17-87-805. Reporting procedure
The Arkansas State Board of Nursing shall develop rules and procedures for: (1) Reporting to the board: (A) The names and results of any contact or investigation regarding an impaired nurse who is believed to be an imminent danger to the public or to himself or herself; (B) An impaired nurse who: (i) Fails or […]
§ 17-87-806. Program requirements
(a) (1) Eligibility to participate in the alternative to discipline program is at the sole discretion of the Arkansas State Board of Nursing. (2) A person is not entitled to participate in the alternative to discipline program. (b) To establish eligibility, a nurse shall: (1) Have a license issued or an application for licensure in […]
§ 17-87-807. Failure to comply
(a) Participation in the alternative to discipline program under this subchapter is not a defense to any disciplinary action that may be taken by the Arkansas State Board of Nursing. (b) This subchapter does not preclude the board from commencing disciplinary action against a nurse who is terminated from or fails to comply with the […]
§ 17-87-808. Liability
(a) A person acting on behalf of the Arkansas State Board of Nursing in the alternative to discipline program under this section is considered an officer or employee of the State of Arkansas for purposes of: (1) Immunity from civil liability under § 19-10-301 et seq.; and (2) Payment of actual damages on behalf of […]