PURPOSE: This rule establishes the duties of the MNIT Board of Directors and contractor.

1. (1) The Missouri Nurse Intervention and Treatment (MNIT) Program Board of Directors/contractor shall provide a written and/or oral report to the State Board of Nursing at each quarterly State Board of Nursing meeting or upon request of the State Board of FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION

Nursing. The report shall outline the status of each nurse in treatment referred to the MNIT Board of Directors by the State Board of Nursing in such detail as requested by the State Board of Nursing. The identity of the nurses who voluntarily submit to the MNIT Board of Directors/contractor shall remain anonymous for purposes of these reports.

1. (2) The MNIT Board of Directors/contractor shall provide written and/or oral reports to the State Board of Nursing, including quarterly income and expense reports. These reports must be itemized and account for all income from any and every source and each expense to any and every vendor that relates to the Missouri Nurse Intervention and Treatment Program in any way.

2. (3) The MNIT Board of Directors/contractor shall enter into written contracts with each nurse in treatment. The contract between the MNIT Board of Directors/contractor and the nurse shall include, but not be limited to, the following:

   1. (A) Each contract shall be a minimum of five (5) years in duration;
   2. (B) Each nurse in treatment will abstain from the possession or consumption of controlled substances except as prescribed by a treating physician;
   3. (C) Each nurse in treatment shall abstain from the possession or consumption of alcohol or illegal drugs;
   4. (D) Each nurse in treatment shall submit to random drug testing unless otherwise specified by the State Board of Nursing;
   5. (E) Each nurse in treatment shall report all relapses to the MNIT Board of Directors;
   6. (F) Upon request of the MNIT Board of Directors, each nurse in treatment shall report to the MNIT Board of Directors;
   7. (G) Each nurse in treatment shall attend support meetings as requested by the MNIT Board of Directors or treatment providers;
   8. (H) Each nurse in treatment referred to the Missouri Nurse Intervention and Treatment Program by the State Board of Nursing shall authorize the MNIT Board of Directors to release any and all information regarding the nurse in treatment to the State Board of Nursing;
   9. (I) Each nurse in treatment voluntarily enrolled in the Missouri Nurse Intervention and Treatment Program shall authorize the MNIT Board of Directors to release any and all information regarding the nurse in treatment to the State Board of Nursing upon a violation of Chapter 335, RSMo or the rules promulgated pursuant thereto or the contract with the MNIT Board of Directors;
   10. (J) Each nurse in treatment shall be financially responsible for all drug screens and any other professional or administrative service rendered on behalf of the nurse in treatment; and

   11. (K) The following paragraph shall be contained in each written agreement:

       1. 1. In consideration of my being allowed

to participate in the Missouri Nurse Intervention and Treatment Program, I expressly release the contractor, the MNIT administrator, the MNIT Board of Directors and the State Board of Nursing and all of their employees, board members, agents and independent contractors from any and all claims, whether now existing or hereafter arising, related to or arising from my participation in the Missouri Nurse Intervention and Treatment Program or any services provided to me hereunder, including but not limited to claims that I might hereafter assert that the contractor, the MNIT administrator, the MNIT Board of Directors or State Board of Nursing, any of the agents or independent contractors, board members or employees were negligent or that any of said persons or entities committed any acts of omission or commission that I claim are or were negligent or that I claim were acts of professional malpractice, it being the intent hereof that I will be forever barred from asserting any such claims hereafter. In the event I hereafter assert any such claim, I agree that such assertion will disqualify me from further participation in the Missouri Nurse Intervention and Treatment Program and that the MNIT Board of Directors will be absolutely entitled to discharge me from said program.

1. (4) The MNIT Board of Directors/contractor shall provide services when appropriate to nurses in treatment which include, but are not limited to, the following:

   1. (A) Monitoring compliance of the contract between the MNIT Board of Directors and the nurse in treatment;
   2. (B) Administering drug screens;
   3. (C) Assisting the nurse in treatment in obtaining evaluation and treatment; and
   4. (D) Requiring evaluators to provide written reports which address whether a member of the Missouri Nurse Intervention and Treatment Program suffers from an impairment, identifies the impairment, provides recommendations for treatment of the impairment and whether the member’s practice of nursing should be restricted due to the impairment.
2. (5) The MNIT Board of Directors/contractor shall report, in writing, to the State Board of Nursing all violations of State Board of Nursing disciplinary orders or the Nursing Practice Act which occur after the date of the disciplinary order or the date of the nurse entering the Missouri Nurse Intervention and Treatment Program, whichever occurs first. All violations shall be reported promptly but no later than ten (10) days after obtaining knowledge of the violation.
3. (6) The MNIT Board of Directors/contractor shall assist the State Board of Nursing in carrying out the terms of any disciplinary order pertaining to a nurse in treatment.
4. (7) The MNIT Board of Directors/contractor shall obtain a written release from all nurses referred to the Missouri Nurse Intervention and Treatment Program by the State Board of Nursing. The release shall authorize the MNIT Board of Directors/contractor to release all information and documents pertaining to the nurse to the State Board of Nursing and MNIT Board of Directors and to communicate all information regarding the nurse in treatment to the State Board of Nursing and MNIT Board of Directors.
5. (8) The MNIT Board of Directors/contractor shall provide the State Board of Nursing access to all information and documents pertaining to the nurse in treatment referred to the Missouri Nurse Intervention and Treatment Program by the State Board of Nursing.
6. (9) The contractor shall require the administrator to supply information and documentation with regard to the identification, intervention, treatment and rehabilitation of all nurses who participate or are assisted by the Missouri Nurse Intervention and Treatment Program to the MNIT Board of Directors as directed by the MNIT Board of Directors.
7. (10) The contractor shall require the MNIT administrator to supply all reports provided to the State Board of Nursing to the MNIT Board of Directors. The information and documentation as described herein shall only be released to the State Board of Nursing pursuant to Chapter 335, RSMo and the rules promulgated thereto.
8. (11) The contractor shall require the MNIT administrator to provide the MNIT Board of Directors with all information on nurses participating in or assisted by the contractor as directed by the MNIT Board of Directors.
9. (12) The MNIT Board of Directors/contractor shall prepare and implement an action plan and budget as directed by and approved by the State Board of Nursing. The MNIT Board of Directors/contractor shall report on progress with regard to preparing and implementing the action plan and budget as directed by the State Board of Nursing and MNIT Board of Directors.
10. (13) The MNIT Board of Directors/contractor shall require the MNIT administrator to submit progress and performance reports to the MNIT Board of Directors and the State Board of Nursing as requested by the MNIT Board of Directors or the State Board of Nursing. Reports of those voluntarily participating in the program shall be for statistical purposes only.
11. (14) The contractor shall coordinate activities of the MNIT Board of Directors, oversee and manage the daily operations of the MNIT Board of Directors and assist with the administrative duties of the MNIT Board of Directors.

AUTHORITY: sections 335.036 and 335.067, RSMo Supp. 2007. Original rule filed Feb. 11, 2008, effective Aug. 30, 2008. *Original authority: 335.036, RSMo 1975, amended 1981, 1985, 1993, 1995, 1999, 2007 and 335.067, RSMo 2007.