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December  23, 2009

Norman, Hanson & DeTroy Provides Pro Bono Legal Analysis of a Program Designed by Maine’s Nursing and Healthcare Leaders to Treat Impaired Nurses


In 2008, the Organization of Maine Nurse Executives (OMNE) and the Maine Society of Healthcare Human Resources Administration (MSHHRA) organized a steering committee to address the needs of chemically dependent professional nurses. Research demonstrates that approximately 10% of nurses have impairment issues related to drug or alcohol abuse. The number is higher for nurses practicing in specialty areas such as emergency departments, intensive care units, and anesthesia. Alternative to Discipline programs for physicians have demonstrated a better than 80% successful re-entry into professional practice when there is a well-defined program. Given that the United States is experiencing a significant nursing shortage, we cannot afford to discard nurses, often star performers, without first offering assistance through programs that also serve to protect patients. As required by law, the Maine Legislature, in passing LD 94, authorized the Maine Board of Nursing to promulgate rules to provide nurses with an opportunity to seek treatment and continue practicing while protecting the public’s health, safety, and welfare. 
 
A steering committee co-chair, Nicole Morin-Scribner, SPHR, Director of Human Resources for St. Mary’s Health System solicited the assistance of health law attorney Kenneth Albert, Esq., formerly a practicing Registered Nurse, to conduct a legal analysis of the draft publication intended for release by the steering committee. Understanding the importance of such an initiative, the firm’s leadership agreed to provide legal services for the project free of charge. Professional alternative to discipline programs involving workplace drug diversion requires an analysis of Maine’s employment laws, state and federal discrimination laws, state and federal mandatory reporting laws, professional licensing board regulations, and other legal and policy considerations. Norman, Hanson & DeTroy wishes to congratulate the steering committee and everyone involved in this project for recognizing that impaired professional nurses can be successfully rehabilitated while at the same time protecting the welfare of Maine citizens.

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