(1) As a condition of licensure and for the purpose of supporting a peer health assistance program for nurses or certified midwives or an alternative to discipline program for nurses or certified midwives, every applicant for an initial license or to reinstate a license and any person renewing a license issued pursuant to this part 1 shall pay to the administering entity designated pursuant to subsection (3)(c) of this section a fee in an amount set by the board, not to exceed twenty-five dollars per year; except that the board may adjust the amount each January 1 to reflect changes in the United States department of labor's bureau of labor statistics consumer price index, or its successor index, for Denver-Aurora-Lakewood for goods paid by urban consumers. (2) (a) No later than June 30, 2008, the board shall transfer any remaining balance in the impaired professional diversion fund, as such fund existed prior to January 1, 2008, to the administering entity chosen by the board pursuant to subsection (3)(c) of this section. (b) Money in the fund shall be used to support a peer health assistance program for nurses and certified midwives or an alternative to discipline program for nurses and certified midwives in providing assistance to licensees needing help in dealing with physical, emotional, psychiatric, or psychological problems or behavioral, mental health, or substance use disorders that may be detrimental to their ability to practice nursing or to practice as a certified midwife. (3) (a) The board shall select one or more recognized peer health assistance organizations or alternative to discipline programs as designated providers. For purposes of selecting designated providers, the board shall use a competitive bidding process that encourages participation from interested vendors. To be eligible for designation by the board pursuant to this section, a peer health assistance organization or alternative to discipline program shall: (I) Offer assistance and education to licensees concerning the recognition, identification, and prevention of physical, emotional, psychiatric, or psychological problems or behavioral, mental health, or substance use disorders and provide for intervention when necessary or under circumstances that may be established in rules promulgated by the board; (II) Evaluate the extent of physical, emotional, psychiatric, or psychological problems or behavioral, mental health, or substance use disorders and refer the licensee for appropriate treatment; (III) Monitor the status of a licensee who has been referred for treatment, including assessing continued public protection; (IV) Provide counseling and support for a licensee and for the family of a licensee referred for treatment; (V) Receive referrals from the board; and (VI) Make services available to all licensees statewide. (b) The board contract with the designated provider or providers selected pursuant to subsection (3)(a) of this section shall include specific deliverables, performance measures, and documentation of results. (c) The board shall designate an administering entity for a program established pursuant to this section. The entity must be a nonprofit private entity that is qualified under 26 U.S.C. sec. 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and be dedicated to providing support for charitable, benevolent, educational, or scientific purposes that are related to nursing or midwifery, nursing or midwifery education, nursing or midwifery research and science, and other nursing or midwifery charitable purposes. (d) The administering entity shall: (I) Collect the required annual payments, directly or through the board; (II) Distribute the moneys collected, less expenses, to the approved designated provider, as directed by the board; (III) Provide an annual accounting to the board of all amounts collected, expenses incurred, and amounts disbursed; and (IV) Post a surety performance bond in an amount specified by the board to secure performance under this section. (e) The administering entity may recover from the fee required by subsection (1) of this section the actual administrative costs incurred in performing its duties under this section. The recovery shall not exceed ten percent of the total amount collected. (f) The board, at its discretion, may collect the required annual payments payable to the administering entity for the benefit of the administering entity and shall transfer the payments to the administering entity. All required annual payments collected or due to the board for each fiscal year shall be deemed custodial funds that are not subject to appropriation by the general assembly, and the funds shall not constitute state fiscal year spending for purposes of section 20 of article X of the state constitution. (4) Notwithstanding sections 12-255-119 and 24-4-104, the board may immediately suspend the license of any licensee who is referred to a peer health assistance program or alternative to discipline program by the board and who fails to attend or to complete the program. If the licensee objects to the suspension, the licensee may submit a written request to the board for a formal hearing on the suspension within ten days after receiving notice of the suspension, and the board shall grant the request. In the hearing, the licensee shall bear the burden of proving that the individual's license should not be suspended. (5) The records of a proceeding pertaining to the rehabilitation of a licensee under a program established pursuant to this section shall be confidential and shall not be subject to subpoena unless the licensee has been referred to the board for disciplinary action. (6) Nothing in this section shall be construed to create any liability of the board, members of the board, or the state of Colorado for the actions of the board in making awards to peer health assistance organizations or alternative to discipline programs or in designating licensees to participate in the programs of such organizations. No civil action may be brought or maintained against the board, its members, or the state for an injury alleged to have been the result of an act or omission of a licensee participating in or referred to a program provided by a peer health assistance organization or to an alternative to discipline program. However, the state remains liable under the provisions of the "Colorado Governmental Immunity Act", article 10 of title 24, if an injury alleged to have been the result of an act or omission of a licensee participating in or referred to a peer health assistance program or alternative to discipline program occurred while such licensee was performing duties as an employee of the state. (7) The board is authorized to promulgate rules necessary to implement this section.
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