HAR Chapter 89B – Nurses Diversion Program

§16-89B-3
HAWAII ADMINISTRATIVE RULES
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 89B
DIVERSION PROGRAM
§16-89B-1 	Purpose
§16-89B-2 	Definitions
§16-89B-3 	Program approval
§16-89B-4 	Program requirements
§16-89B-1 	Purpose. 	The purpose of this chapter is to establish the
requirements for program approval and maintenance of a diversion program for the
chemically dependent nurse who may voluntarily enter into a negotiated settlement
with the regulated industries complaints office subject to approval and order of the
board and acceptance by the diversion program. 	It is the intent of the board to
provide the nurse with the opportunity to enter into a program to be rehabilitated
through a therapeutic, non-punitive, and confidential process. [Eff 8/9/01] (Auth:
HRS §334D-3) (Imp: HRS §334D-3)
§16-89B-2 Definitions. As used in this chapter:
"Board" means the board of nursing; and
"RICO" means the regulated industries complaints office of the department
of commerce and consumer affairs. 	[Eff 8/9/01] (Auth: HRS §§334C-3, 457-5)
(Imp: HRS §§334D-3, 457-12)
§16-89B-3 	Program approval. 	Prior to implementation, all programs must
be approved by the board. 	The request for approval shall be submitted within a
reasonable time to allow the board time to evaluate the program to its satisfaction.
[Eff 	8/9/01] 	(Auth: 	HRS 	§334D-3) 	(Imp: 	HRS 	§334D-3)
89B-1

§16-89B-4
§16-89B-4 Program requirements. (a) The National Council of State Boards
of Nursing Nondisciplinary Alternative Program Model Guidelines (Guidelines) as
amended from time to time, and as adopted by the board pursuant to section (d), shall
be used as the standard by which the board may assess a proposed diversion
program. At the time a request for program approval is submitted to the board, the
current Guidelines shall apply.
(b) 	The sponsor of the program shall submit a comprehensive manual of
all policies and procedures to the board within the time frame designated by the
board. 	The policies and procedures manual shall include, but not be limited to,
criteria relating to:
(1) 	Assessment;
(2) 	Agreement among nurse, board, RICO, and program sponsor prior to
admission into program;
(3) 	Admission
(A) 	Requirements for admission; and
(B) 	Grounds for refusal to admit;
(4) 	Plan of care;
(5) 	Monitoring
(A) 	Frequency;
(B) 	Section of responsible personnel;
(C) 	Timely reporting of program deviation from plan of care;
(D) 	Consequence of breach; and
(E) 	Quarterly progress reports to the board;
(6) 	Timely reporting to the board of deviation from plan of care;
(7) 	Discharge, including prior written notification to board of nurse's
status and intent to charge in a timely manner;
(8) 	Return to work agreement;
(9) 	Timely reporting to RICO and board executive officer of relapse of
nurse;
(10) 	Readmission of nurse in relapse and agreement with the board and
RICO;
(11) 	Annual report, including but not limited to:
(A) 	Nurses under treatment; and
(B) 	Nurses with return to work agreement still in effect;
(12) 	Timely reporting of sponsor's inability to carry out any aspect of
program to the board; and
(13) 	Timely written notification to the board of sponsor intent to terminate
program.
89B-2

§16-89B-4
(c) 	Any sponsor applying for program approval of the board shall justify
any deviation from the Guidelines. 	It shall be within the board's sole discretion
whether to accept or to reject any such deviation.
(d) 	Any amendments or revisions to the Guidelines may be accepted by
the board by majority vote at a duly noticed meeting of the board and shall thereafter
be used by the board in assessing any program. [Eff 8/9/01] (Auth: HRS §334D-3)
(Imp: HRS §334D-3)
89B-3

Chapter 16-89B, Hawaii Administrative Rules, on the Summary Page dated
April 6, 2001, was adopted on April 6, 2001, following a public hearing held on the
same date, after public notice was given in the Hawaii State and County Public
Notices for the City and County of Honolulu and The Honolulu Advertiser for the
City and County of Honolulu, County of Kauai, County of Maui and the County of
Hawaii on March 5, 2001.
These rules shall take effect ten days after filing with the Office of the
Lieutenant Governor.
/s/ Valisa Saunders
VALISA SAUNDERS, Chairperson
Board of Nursing
APPROVED AS TO FORM: 	Date: 	6/15/01
/s/ Shari J. Wong
Deputy Attorney General
APPROVED: 	Date: 	7/25/01
/s/ Kathryn S. Matayoshi
KATHRYN S. MATAYOSHI, Director
Commerce and Consumer Affairs
APPROVED: 	Date: 	7/30/01
/s/ Benjamin J. Cayetano
BENJAMIN J. CAYETANO
Governor
State of Hawaii
July 30, 2001
Filed
89B-5

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Adoption of Chapter 16-89B
Hawaii Administrative Rules
April 6, 2001
SUMMARY
Chapter 16-89B, Hawaii Administrative Rules, entitled "Diversion Program,"
is adopted.
This material can be made available for individuals with special needs. Please call the Program Specialist,
Professional and Vocational Licensing Division, DCCA, at 586-2692, to submit your request.
Effective 8/9/01