§ 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.