30 Miss. Code. R. 2826-1.8 - Program Notification Requirements

A. The monitoring agreement shall provide that the nurse applicant shall:

1) Notify the MnVP staff within forty-eight (48) hours if nurse applicant has a disciplinary meeting or employment counseling with employer.

2) Notify the MnVP staff within forty-eight (48) hours of any changes in residency, contact information and for any termination or resignation from employment.

3) Report within twenty-four (24) hours any crimes committed, criminal arrests, citations, or deferred sentences and conviction including a conviction following a plea of nolo contendere.

4) Notify the MnVP staff if a known complaint is filed with the MSBN against the license of the nurse applicant.

5) Report all alcohol or unauthorized substance use regardless of amount or route of administration.

6) Obtain a re-assessment by a MnVP approved licensed addiction counselor in the event of relapse or suspected relapse.

7) Abide by further recommendations in the event of a relapse or suspected relapse as deemed clinically appropriate.

8) Appear for all routinely scheduled meetings and any additional meetings with reasonable notice given by the MnVP staff unless excused.

9) Inform the MnVP staff verbally and in writing of a pending absence out of the state of Mississippi within five (5) working days.

10) Pay all fees and costs associated with being in the MnVP.

B. By signing the MnVP monitoring agreement the nurse applicant agrees to the following:

1) The nurse applicant has had or is having problems with substance use or have a substance use disorder and/or has a mental health issue.

2) The nurse applicant has violated the Nurse Practice Law and/or Administrative Code and that any violation of the MnVP monitoring agreement is further grounds for referral to the MSBN.

3) Entry into the MnVP is voluntary, there was an opportunity to seek advice of legal counsel or personal representative and there was opportunity to clarify any terms or conditions that were not understood.

4) The nurse applicant has read and will abide by the terms and conditions of the MnVP monitoring agreement as well as any new policies or procedures received in writing throughout participation in the MnVP.

C. By signing the MnVP monitoring agreement, the nurse applicant waives all rights to appeal, grievances, complaints or otherwise contest licensure actions arising out of the MnVP participation, and the right to contest the imposition of discipline arising from a breach of the MnVP monitoring agreement.

D. The identity of nurse applicants and the terms of the monitoring agreement are non-public but may be shared with parties who have an official need to know such as state MSBN members and staff, other state boards, other state's alternative programs and the employers of nurse applicants.

E. The nurse applicant shall give the supervisor a copy of the monitoring agreement and any other necessary forms prior to beginning a new or resuming an existing position and agrees to notify the program immediately of any change in supervision. Failure to comply will result in an immediate cease and desist of all work-related activities from the MnVP.

F. Any noncompliance with the monitoring agreement or unsuccessful termination from the program is unprofessional conduct and is in violation of the rules and laws regarding the practice of nursing and may be used to support any future disciplinary actions.

G. Any violation of a single part or parts of the monitoring agreement by the nurse applicant, unless otherwise declared by the MnVP, does not invalidate the remaining parts of the agreement.

H. Any unauthorized missed drug or alcohol testing, unless otherwise declared by the MnVP, will be considered non-compliance with the program.

I. Any confirmed positive drug screen may be considered noncompliance if the MnVP has not received the proper documentation from the prescribing practitioner as required by 1.6(C).

J. Any confirmed positive drug screen for which the MnVP has not received prior written authorization and confirmation from an approved provider and any drug screen that is confirmed as an adulterated or substituted specimen shall result in the nurse applicant ceasing nursing practice until further evaluation and notification to the nurse applicant's employer. Under such circumstances, receipt of written authorization to return to practice from the MnVP will be required.

K. Any non-compliance with the terms of the monitoring agreement, including, but not limited to noncompliance with drug and alcohol testing, will result in an increased level of testing, a report to the MSBN while nurse applicant remains in monitoring, and the nurse applicant may be discharged from the MnVP.

L. Any non-compliance with any of the terms of the MnVP monitoring agreement in any respect may require the nurse applicant to cease practice, notify the nurse applicant's supervisor and may result in the length and terms of the agreement being extended and modified.

M. If discharged from the MnVP for non-compliance or referred to the MSBN for noncompliance, the MSBN may use any misconduct that may have occurred while enrolled in the MnVP in subsequent disciplinary proceedings, and the MSBN may obtain complete records of participation in the MnVP.

N. The monitoring agreement does not preclude the MnVP staff from initiating or taking appropriate action regarding any other misconduct not covered by the MnVP agreement. Such misconduct will include reporting the offense to the MSBN for appropriate action.

Notes

30 Miss. Code. R. 2826-1.8

Miss. Code Ann. §§ 73-15-17, 73-15-29(2)(5) (1972, as amended).

Adopted 12/22/2022 Amended 10/1/2023 Amended 11/9/2023