Authority: IC 25-23-1-7

Affected: IC 16-39; IC 25-23-1-31

Sec. 6. (a) ISNAP shall monitor each nurse's participation in the rehabilitation monitoring program for compliance with the program.

(b) The treatment plan referenced in the RMA must be evidence based.

(c) Monitoring shall include the following, as each applies to the individual nurse's treatment plan:

1. (1) Treatment and therapy:

   1. (A) recommendations; and
   2. (B) participation;
2. including aftercare.
3. (2) Participation in a support group.
4. (3) Professional support group participation.

5. (4) Work activities, including the following:

   1. (A) Return-to-work issues for all participants.
   2. (B) Ongoing monitoring of work performance and compliance with restrictions or limitations imposed by the program contract or the board.
6. (5) Random drug testing.
7. (6) A determination by ISNAP whether or not the nurse shall be terminated from participation in the program for failure to comply with program requirements.

(d) In addition to subsection (a), ISNAP may monitor each nurse for compliance in family treatment and special treatment, including, but not limited to, the following if those treatments are included in the individual nurse's treatment plan:

1. (1) Pain management.
2. (2) Psychiatric treatment.
3. (3) Psychological treatment.

(e) ISNAP:

1. (1) shall report to the board the name and license number of a nurse that has failed to comply with the provisions of the rehabilitation and monitoring program and the circumstances surrounding the failure to comply;

2. (2) may release information to the board or to the consumer protection division of the office of the attorney general, in compliance with:

   1. (A) IC 25-23-1-31; and
   2. (B) all applicable state and federal confidentiality laws and regulations.

(f) ISNAP shall, upon the written request of the nurse, purge participant records provided that no additional occurrences of alcohol or other drug related violations have been reported to the board over a period of seven (7) years from the nurse's last use of alcohol or other drugs, under IC 16-39. ISNAP may purge records after seven (7) years as provided for in IC 16-39.

(g) After a nurse has completed the RMA period, upon the nurse's request, the nurse will be permitted to voluntarily sign a subsequent agreement for an additional period of time. The nurse is directly responsible for the cost of all monitoring conducted by ISNAP. The cost of monitoring of these individuals shall not be assessed to the board.

(Indiana State Board of Nursing; 848 IAC 7-1-6; filed Jan 23, 2006, 8:35 a.m.: 29 IR 1929; readopted filed Nov 9, 2012, 11:23 a.m.: 20121205-IR-848120387RFA; readopted filed Dec 14, 2018, 2:43 p.m.: 20190109-IR-848180373RFA; filed Mar 6, 2023, 9:05 a.m.: 20230405-IR-848220111FRA; readopted filed Jul 31, 2024, 1:06 p.m.: 20240828-IR-848230831RFA)