Board directs staff to clarify that intervention completion need not require working as an RN; plans IEC expansions and subcommittee

SACRAMENTO — Facing repeated public comment about intervention‑program participants stuck in multi‑year review loops, the Board of Registered Nursing on Feb. 27 directed staff to provide clearer guidance to Intervention Evaluation Committees about how to apply Uniform Standard 12 and approved measures to expand and oversee the IEC process.

'The board voted to direct the executive officer to work with the intervention evaluation committees to provide guidance on the application of Uniform Standard 12,' Board counsel Reza Pejuhesh summarized after the motion passed unanimously. The motion, carried by roll call, said criteria 4 of Uniform Standard 12 — that a participant must “demonstrate that he or she is able to practice safely” — does not necessarily require that a participant return to work as a registered nurse in order to complete the program; however, IECs retain discretion to require supervised work in particular cases.

Why it matters: Participants in BRN’s intervention (alternative‑to‑discipline) program and advocacy groups have reported participants being held in the program for long periods because some IEC panels sought evidence that the person had worked in direct patient care before completing. Board staff and DCA leadership said the uniform standards are intended to focus on recovery and sustained sobriety; staff reported other boards interpret the standard as measuring recovery and relapse risk rather than imposing a blanket work requirement.

What board members said: Vice President Nilu Patel moved for action after several public speakers described being caught in “a loop” while otherwise meeting testing, treatment and meeting requirements. Board Member David Lawler urged consideration of alternatives for participants who do not intend to return to bedside practice, such as roles that do not involve narcotics access or clinical bedside duties. Board President Dolores Trujillo and executive staff emphasized that IECs may still require supervised work in specific high‑risk cases (for example, matters involving diversion), but that staff should reeducate IECs so the default interpretation is recovery‑focused.

Public comment: Several intervention participants said the program had become more structured under new vendor Premier Health and praised improvements in timeliness for some participants. One participant said a recent IEC appearance was “a completely different experience…a positive experience” and credited the new vendor case manager for better scheduling and preparation. Other commenters asked the board to ensure that disabled participants and those who do not plan to return to bedside work have a clear path to successful program completion.

Operational changes approved by the board: - Direct staff to provide written guidance and training for IEC members clarifying Uniform Standard 12’s application and emphasizing recovery‑focused criteria for demonstrating safety to practice; - Reestablish up to five IEC panels to reduce per‑panel caseload and allow more frequent meetings so participants can be reviewed closer to key sobriety dates; the board approved authority to start with one or two new panels and expand as needed; - Adopt an Intervention Program Subcommittee charter to screen and advance IEC member applications; the board approved the charter and appointed a subcommittee (vice president Patel and President Trujillo will chair the panel) to interview and vet IEC applicants.

Board and staff next steps: Executive Officer Loretta Melby said staff will provide the written guidance and training and will work with the new vendor, Premier Health, to implement timely scheduling that reduces the delays participants described. The motion passed unanimously on roll call. Members asked staff to return if rulemaking is needed to make a permanent change; staff and counsel noted that a formal regulation defining the criterion would require Administrative Procedure Act rulemaking.

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