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BRN executive officer flags need to define how participants 'demonstrate they can practice safely' under Uniform Standard 12
Summary
Executive Officer Laurie Melby reported that 30 intervention program recommendations were reviewed since the board motion; seven were approved and 23 were returned to IECs for reconsideration, prompting staff to recommend potential regulatory clarification of how participants must demonstrate safe practice to complete the program.
The California Board of Registered Nursing’s executive officer, Laurie Melby, told the committee that reviews of Intervention Evaluation Committee (IEC) recommendations show recurring uncertainty about what constitutes the required demonstration that a participant “is able to practice safely” under Uniform Standard 12.
Melby reported that 30 recommendations were submitted for executive‑level review: seven were approved and 23 were referred back to IECs for further consideration or to provide additional evidence. "There have been 23 that have been sent back to an IEC for a rereview," Melby said. "Sometimes they come back with the same recommendation and I've had to send them back for an additional review." Melby said the pattern is prompting discussion about whether the board should initiate a regulatory process to clarify completion standards.
Committee members and staff described the practical tension: some intervention participants have multiple years of verified sobriety but have not worked in direct patient care during that period because of medical limitations, criminal background checks unrelated to nursing practice, or other barriers. IECs must determine case by case whether absence from bedside practice still allows a reliable demonstration of safe nursing practice.
Melby walked committee members through examples heard in reviews: nurses with spinal fusions or pulmonary hypertension who cannot safely return to bedside care, and others who, despite documented years of sobriety, cannot obtain employment because employers learn of convictions or board involvement through channels outside the confidential intervention program. "There is not a specific requirement in statute or regulations that states that an RN must work within their license or must work 20 hours a week for six months," Melby said. "It is an individual basis, case by case determined by the IEC."
Staff recommended the committee consider defining how a demonstration of safe practice may be satisfied in non‑bedside roles, and whether regulatory language is needed to give IECs clearer criteria. Committee members supported placing a discussion item on a future board agenda to consider regulation or clearer standards.
The meeting included public comment from current and former intervention participants describing long delays, confusion about case management contacts and personal hardship. Several commenters urged the board to allow full consideration of out‑of‑state recovery and early completion requests when consistent documentation exists. Staff responded that Premier Health Group, the new intervention vendor, had assumed Maximus’ phone numbers and that the BRN website had been updated with Premier’s contact details. Committee members asked staff to prioritize participants with upcoming IEC hearings for outreach by the new vendor.
No regulatory change was adopted at the meeting; the committee directed staff to return with options and clarified language for the board to consider.
