[§334D-3]  Diversion program.  (a) There is established a diversion program for chemically dependent nurses, whichshall be administered and monitored by a professional association.

(b)  The board shall adopt rules in accordancewith chapter 91 setting forth the requirements for program approval andmaintenance.

(c)  Participation in the diversion programshall be voluntary.

(d)  If a nurse is subject to penalties,including revocation, suspension, or limitation of license and fines, anddesires to effect a compromise settlement, the regulated industries complaintoffice and the nurse may enter into a settlement agreement subject to approvaland order of the board and acceptance by the diversion program.

(e)  The names of nurses who fail to complywith the terms and conditions of the diversion program shall be reported to:

(1)  The executive secretary of the board; and

(2)  The regulated industries complaints office;

within three business days after the failure tocomply becomes known to the individuals monitoring the nurse and the individualdesignated by the professional association to report the failure to comply. [L1993, c 106, pt of §1]