Mandatory Reporting Rule

PURPOSE: This rule establishes a procedure and guidelines regarding reports required from hospitals, ambulatory surgical centers, or temporary nursing staffing agencies by section 383.133, RSMo concerning any final disciplinary action against a nurse licensed under Chapter 335, RSMo or the voluntary resignation of any such nurse. (1) The State Board of Nursing will receive and process any report from a hospital, ambulatory surgical center, as such terms are defined in Chapter 197, RSMo, temporary nursing staffing agency, nursing home, any nursing facility as such term is defined in Chapter 198, RSMo, or any entity that employs or contracts with nurses to provide health care services to individuals concerning any disciplinary action against a nurse licensed under Chapter 335, RSMo, or the voluntary resignation of any such nurse against whom any complaints or reports have been made which might have led to disciplinary action. Disciplinary action is defined in section 383.130, RSMo as any final action taken by the board of trustees or similarly empowered officials of a hospital or ambulatory surgical center, or owner or operator of a temporary nursing staffing agency, to reprimand, discipline, or restrict the practice of a health care professional. Only such reprimands, discipline, or restrictions in response to activities which are also grounds for disciplinary actions, according to the professional licensing law for that health care professional, shall be considered disciplinary actions for purposes of this definition. (2) The Board of Nursing will assume that all reports received from hospitals, ambulatory surgical centers, as such terms are defined in Chapter 197, RSMo, temporary nursing staffing agencies, nursing homes, any nursing facilities as such term is defined in Chapter 198, RSMo, or any entities that employs or contracts with nurses to provide health care services to individuals will be treated as provided under section 383.133, RSMo. The information shall be submitted within fifteen (15) days of the final disciplinary action, and should contain, but need not be limited to— (A) The name, address and telephone number of the person making the report; (B) The name, address and telephone number of the person who is the subject of the report; (C) A description of the facts, including as much detail and information as possible, which gave rise to the issuance of the report, including the dates of occurrence deemed to necessitate the filing of the report. Whenever possible, the report should include: 1. The date of each alleged incident; 2. The name of the patient involved; 3. If the incident involves medication, the name of the medication; 4. Very specific details describing the events; 5. List witnesses to the incident(s) and their contact information; and 6. If you conducted an internal investigation, provide a copy of the report; (D) If court action is involved and known to the reporting agent, the identity of the court, including the date of filing and the docket number of the action; and (E) A statement as to what final action was taken by the institution. (3) Reports made to the board under the mandated reporting requirements as defined in Chapter 383, RSMo shall not be deemed a violation of the federal Health Insurance Portability and Accountability Act (HIPAA) and the privacy rules located in the Act because the Missouri State Board of Nursing qualifies as a health oversight agency as defined in the HIPAA privacy rules. (4) Any activity that is construed to be a cause for disciplinary action according to section 335.066, RSMo is reportable to the board. Nothing in this rule shall be construed as limiting or prohibiting any person from reporting a violation of the Nursing Practice Act directly to the State Board of Nursing. (5) In cases where a nurse voluntarily submits to an employee assistance program or to a rehabilitation program for alcohol or drug impairment and no disciplinary action is taken by the facility, the facility is not mandated to report but may report. If the nurse is subsequently disciplined by the facility for violating AND INSURANCE provisions of the employee assistance program or rehabilitation program or voluntarily resigns in lieu of discipline, the facility must report to the board under the above provision. AUTHORITY: sections 335.036 and 383.133, RSMo 2016.* This rule originally filed as 4 CSR 200-4.040. Original rule filed Aug. 5, 1987, effective Nov. 12, 1987. Amended: Filed Jan. 8, 1988, effective April 28, 1988. Amended: Filed April 19, 1996, effective Nov. 30, 1996. Amended: Filed July 11, 2000, effective Jan. 30, 2001. Moved to 20 CSR 2200-4.040, effective Aug. 28, 2006. Amended: Filed May 27, 2008, effective Nov. 30, 2008. Amended: Filed June 22, 2018, effective Dec. 30, 2018. *Original authority: 335.036, RSMo 1975, amended 1981, 1985, 1993, 1995, 1999, 2007 and 383.133, RSMo 1986, amended 2007, 2010.