Section 6510-C. Nurse peer assistance programs

1. As used in this section:
    a. "Drug-related problem" means a problem or problems that are related
  to the use, misuse or addiction to drugs or alcohol.
    b.  "Participant" means an individual licensed pursuant to article one
  hundred thirty-nine of this title who has or  may  have  a  drug-related
  problem.
    c.  "Approved  nurse peer assistance program" means a program operated
  by the New York State Nurses Association  or  a  statewide  professional
  association  of nurses which has experience in providing peer assistance
  services to nurses who have drug-related problems which are designed  to
  help a participant or a licensee's employer and has been approved by the
  department in accordance with criteria established in regulations of the
  commissioner.
    d.  "Peer  assistance  services"  includes  assessing  the  needs of a
  participant, including early identification  of  drug-related  problems,
  and  providing  information,  support,  and  advice  as  requested  by a
  participant.
    2. a. The department shall provide funds, including but not limited to
  a portion of the funds made available pursuant to the provisions of this
  section, for services provided by  an  approved  nurse  peer  assistance
  program.  Funds  used  to  provide  services  shall  not be used for the
  treatment of participants. Funded services shall  include,  but  not  be
  limited to:
    (1)  providing  peer  assistance services for nurses with drug-related
  problems;
    (2) maintaining a toll-free telephone information line  for  anonymous
  nurses,  their  employers,  and  others  to  provide  assistance  in the
  identification of services  and  information  for  nurses  dealing  with
  drug-related problems;
    3. training monitors for the professional assistance program;
    4.  arranging  for  mental health consultants to assess nurses for the
  professional assistance program, as needed; and
    5. preparing written assessments of nurses who have been referred from
  the professional assistance program.
    b. An additional fee of fifteen dollars shall be paid at the  time  of
  application  for licensure and first registration and every registration
  by those licensed pursuant to article one hundred  thirty-nine  of  this
  title  for  the  purpose  of  implementing  this program. The funds made
  available under this provision shall  be  deposited  in  the  office  of
  professions  special  revenue  account  for its purposes in implementing
  this section. The department may use a portion of this  amount  for  its
  administrative expenses incurred in implementing this program including,
  but  not limited to, employment of personnel, the costs of approving and
  contracting with a peer assistance program as required by  this  section
  and outreach activities to promote this program.
    3.  No approved nurse peer assistance program or individual who serves
  in an approved nurse peer assistance program shall be liable in  damages
  to  any person for any action taken or not taken or recommendations made
  unless, based on the facts disclosed by a participant,  the  conduct  of
  the  program  or  person  with respect to the person asserting liability
  constituted negligence, gross negligence, or intentional misconduct.
    4. All information concerning a participant gathered by  the  approved
  nurse peer assistance program shall be strictly confidential and may not
  be   released  to  any  person  or  body  without  the  consent  of  the
  participant, except upon the order of a court in  a  pending  action  or
  proceeding.  Aggregate data may be released to the committee on drug and
  alcohol abuse.