BRN committee backs reestablishing intervention evaluation committees and creates subcommittee charter

The Board of Registered Nursing’s Enforcement and Intervention Committee voted to recommend that the full board reestablish up to five Intervention Evaluation Committees and approved a charter to form an intervention program subcommittee to review IEC applications and program processes. Committee Chair Tricia Winn made the motion to reestablish IECs; Committee Member David Lawler seconded the motion, which the committee approved by roll call. The committee later approved the charter, again by roll call.

Committee leaders said the changes aim to make it easier for program participants to be seen by their IECs quarterly, shorten long meeting days and allow more time for case discussion. “Each of our IECs come together each quarter,” Shannon Johnson, enforcement division chief, told the committee during the discussion of reestablishing IECs. “We think it is necessary for these participants to be able to be seen on a quarterly basis by their IECs.”

The committee’s action responds to months of public comment from participants and data staff presented showing delays in participant reviews and uneven access to IEC hearings. EO Lori Melby said the board reduced IECs in prior years and is proposing to reopen some previously closed panels so participants can be redistributed and seen more frequently. “Having a lower amount of participants being seen in a day will allow the IEC to be able to have more of a discussion, a robust discussion on each case,” Melby said.

Staff and committee members described the vote as a staged approach: the committee approved authority to reestablish up to five IECs but said staff would open them as needed. “We may not open all five at first,” Johnson said. “We want that option and the flexibility.” Committee Member Allison Cormack said she supported the change but flagged a staffing constraint: recruiting sufficient IEC members to fill panels.

The committee also approved a charter to form a subcommittee that will review IEC applications and recommend appointments. Committee members asked staff to clarify language in the charter that now reads the subcommittee will “interview applicants if appropriate.” Cormack asked that the committee narrow that language so that applicants who meet minimum qualifications and are being forwarded for appointment will receive an interview; staff said they would revise the wording before the item goes to the full board.

Public commenters who participate in the BRN intervention program addressed the committee during the discussion. One participant identified as Nurse 117 described being removed from work and carrying costly monitoring requirements after enrolling in the program, saying the restrictions made employment “impossible” despite compliance. Another commenter, identified in the transcript as DJH, requested more timely contact from the board’s new vendor before an upcoming IEC meeting. A father who has documented sobriety asked the committee to consider earlier program completion so he could remain with a preterm infant; EO Melby said such requests are handled case by case and forwarded to the IECs for review.

Committee members and staff discussed the broader policy question that emerged from many hearings and reviews: what constitutes demonstration that a participant “is able to practice safely” under Uniform Standard Number 12. That standard is used to determine whether participants can successfully complete the BRN’s alternative-to-discipline program. Melby told the committee that IEC decisions on completion have resulted in many cases being sent back for re-review by IECs and that the board may need formal regulatory guidance if the committee wants a specific work or practice requirement as evidence of safely practicing.

“We may look at defining how that can be done in the future,” Melby said, noting that other boards vary: some require participants to be off work for program duration; others require a specified period of supervised RN practice. The committee agreed to agenda the broader discussion of defining “practice safely” for a future meeting.

Votes at a glance - Approve EIIC minutes (Oct. 17, 2024): Motion by Allison Cormack; second by David Lawler; roll-call vote recorded as Tricia Winn — yes; David Lawler — yes; Allison Cormack — yes. Outcome: approved. - Reestablish up to five Intervention Evaluation Committees: Motion by Tricia Winn; second by David Lawler; roll-call votes Tricia Winn — yes; Allison Cormack — yes; David Lawler — yes. Outcome: recommended to full board for approval. - Accept intervention program subcommittee charter (with discussed revisions): Motion by Tricia Winn; second by Allison Cormack; roll-call votes Tricia Winn — yes; Allison Cormack — yes; David Lawler — yes. Outcome: recommended to full board for approval.

Why it matters: Staff and committee members said redistributing participants across more IECs should increase the frequency of participant review, shorten long meeting days for volunteer IEC members and allow more time for case-level discussion. The committee also opened a path to clarify—via a subcommittee and possible future rulemaking—how participants should demonstrate they can “practice safely” before successful program completion, a change that could affect monitoring, workplace conditions and completion timelines for nurses enrolled in BRN diversion programs.

Ending note: Committee leaders said they will bring the recommended reestablishment of IECs and the charter to the full board for ratification and will return to committee discussion on defining “practice safely” in a future meeting. Staff said they will refine charter language and continue outreach to participants during the vendor transition.