Liability

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  1. (a) A person acting on behalf of the Arkansas State Board of Nursing in the alternative to discipline program under this section is considered an officer or employee of the State of Arkansas for purposes of:

    1. (1) Immunity from civil liability under § 19-10-301 et seq.; and

    2. (2) Payment of actual damages on behalf of state officers or employees under § 21-9-201 et seq.

  2. (b)

    1. (1) Except as provided in subdivision (b)(3) of this section, all participant records shall be confidential and shall not be subject to public inspection except under an order of a court of competent jurisdiction.

    2. (2) However, the records may be introduced as evidence in any relevant proceedings before the board and shall be produced upon board request.

    3. (3) The records regarding an impaired nurse or a participant of the alternative to discipline program shall be available to:

      1. (A) The board;

      2. (B) The staff of the board;

      3. (C) An employer;

      4. (D) A treating healthcare provider;

      5. (E) Nursing education programs; and

      6. (F) Other states' nursing boards.


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