§334D-5 Records. [Section effective until December 31, 2023. For section effective January 1, 2024, see below.] All records of a nurse participating in a diversion program that are not required by law to be reported to the board or the regulated industries complaints office and do not involve disciplinary action by those entities shall be privileged and shall not be subject to discovery or subpoena by any person or entity other than a law enforcement agency investigating the conduct of the nurse, the board, or the regulated industries complaints office.

For purposes of this section:

"Law enforcement agency" means any county police department, the department of public safety, and any federal, state, or county public body that employs law enforcement officers.

"Law enforcement officer" means any public servant, whether employed by the United States, State, or county, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. [L 1993, c 106, pt of §1; am L 2010, c 54, §4]

§334D-5 Records. [Section effective January 1, 2024. For section effective until December 31, 2023, see above.] All records of a nurse participating in a diversion program that are not required by law to be reported to the board or the regulated industries complaints office and do not involve disciplinary action by those entities shall be privileged and shall not be subject to discovery or subpoena by any person or entity other than a law enforcement agency investigating the conduct of the nurse, the board, or the regulated industries complaints office.

For purposes of this section:

"Law enforcement agency" means any county police department, the department of law enforcement, and any federal, state, or county public body that employs law enforcement officers.