California Business and Professions Code 2770.12 – (a) After the committee and the program manager in their …
(a) After the committee and the program manager in their discretion have determined that a registered nurse has successfully completed the intervention program, all records pertaining to the registered nurse’s participation in the intervention program shall be purged.
(b) All board and committee records and records of a proceeding pertaining to the participation of a registered nurse in the intervention program shall be kept confidential and are not subject to discovery or subpoena, except as specified in subdivision (b) of Section 2770.11 and subdivision (c).
Terms Used In California Business and Professions Code 2770.12
- Board: means the Board of Registered Nursing. See California Business and Professions Code 2770.1
- Committee: means an intervention evaluation committee created by this article. See California Business and Professions Code 2770.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Program manager: means the staff manager of the intervention program, as designated by the executive officer of the board. See California Business and Professions Code 2770.1
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
- Subpoena: A command to a witness to appear and give testimony.
(c) A registered nurse shall be deemed to have waived any rights granted by any laws and regulations relating to confidentiality of the intervention program, if he or she does any of the following:
(1) Presents information relating to any aspect of the intervention program during any stage of the disciplinary process subsequent to the filing of an accusation, statement of issues, or petition to compel an examination pursuant to Article 12.5 (commencing with Section 820) of Chapter 1. The waiver shall be limited to information necessary to verify or refute any information disclosed by the registered nurse.
(2) Files a lawsuit against the board relating to any aspect of the intervention program.
(3) Claims in defense to a disciplinary action, based on a complaint that led to the registered nurse’s participation in the intervention program, that he or she was prejudiced by the length of time that passed between the alleged violation and the filing of the accusation. The waiver shall be limited to information necessary to document the length of time the registered nurse participated in the intervention program.
(Amended by Stats. 2015, Ch. 426, Sec. 29. (SB 800) Effective January 1, 2016.)