SCS/SB 710 - Under this act, if the Administrative Hearing Commission finds merit to a complaint against a licensed nurse, documentation will only appear on file if disciplinary action is taken. If such action is taken, upon final case disposition, the documentation will appear on file as closed with merit and no other action shall be taken. Notification to other licensing boards in other states or national registries can be made only if public disciplinary action is taken due to the complaint. If the state Board of Nursing finds no merit to a complaint and no disciplinary action is taken, the case will be closed without merit and the documentation shall be destroyed within six months of final case disposition.
If no disciplinary action was taken on a complaint filed after August 28, 2006, a licensee may request in writing that all documentation regarding the complaint be destroyed. The board must destroy the documentation, notify any other state board or registry if they have been notified of the complaint, and notify the licensee that it has complied with the licensee’s request. Licensees subject to unsubstantiated claims shall not be required to disclose the claim's existence.
This act allows the board to assess a fine, of up to $500, if a claim is substantiated. In assessing such a fine the board must weigh factors that establish the gravity of the misconduct.
The State Board of Nursing may also request an expedited hearing from the Administrative Hearing Commission, if the board concludes the nurse has committed an act constituting clear and present danger to the public health and safety. After 15 days from the complaint, and after a preliminary hearing, the board may immediately restrict or suspend the license. Temporary authority to restrict or suspend the license becomes final if the nurse does not request a full hearing within thirty days. Dismissal of the action does not preclude subsequent action on the same grounds. If the licensee does not inform the board of the licensee's current place of employment and residence, upon a violation of a disciplinary action and, if the licensee does not answer the default notice, the board may impose additional disciplinary actions without a hearing.
The act adds officials of home health agencies and entities that employ or contract with licensed health care professionals to provide services to individuals or to any hospital, home health agency, ambulatory surgical center, or nursing facility to the list of officials that must report disciplinary actions to the proper licensing authority.
CHRIS HOGERTY