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Mandatory reporting news is posted in this section.
Mandatory Reporting News from the States
Idaho Board of Medicine - February 2004
In 2003 the Idaho Board of Medicine met with representatives of the Idaho Hospital Association, and the Idaho Medical Association to address the issue of peer review and reporting requirements of Idaho Code 39-1393.
While there were varying issues on the table, the agreement of all parties involved was that the peer review process was vital to patient safety. To protect the peer review process and assure participating physicians of the sanctity of the process, the participants agreed to make dialogues/records and participant identity in the peer review process immune from the reporting process.
To assure the public safety beyond the facility walls, the participants agreed that providing information to the Board of Medicine regarding professional review actions was equally important and criteria for report content and information provided to the Board was agreed upon.
In the 2003 legislative session, Senate Bill 1102a was passed by the legislature and the agreed changes were made to Idaho Code 39-1393
Source: Virginia Board of Medicine BOARD BRIEFS - Newsletter #65 - December 2003
I. NEW LAWS AFFECTING YOUR PRACTICE
(Effective July 1, 2003 unless otherwise noted)
You are encouraged to read the full bills/new laws by going to http://leg1.state.va.us/031/bil.htm
HB 1441; SB920 & SB 1334 Health regulatory boards; disciplinary procedures; reporting requirements.
These bills constitute landmark legislation for the Board and accomplish several different things. The first is the change in the threshold for taking action against a license. Since 1934, the Board has had the standard of gross carelessness, gross ignorance, gross malpractice or conducting one’s practice in a manner to be a danger to patients or the public. The new standard that will apply to acts occurring on or after July 1, 2020 is “intentional or negligent conduct in the practice of any branch of the healing arts that causes or is likely to cause injury to a patient or patients.” With this change in the standard, it is anticipated that cases that would not have risen to the level of a violation of law or regulation in the past will now do so. The second change of note is the enhanced reporting requirements for those entities and individuals who have the statutory obligation to report unprofessional conduct. Maximum penalties for failure to report for hospitals have been set at $25,000 and for individual licensees at $5,000. A third change states that revocation of a license is for a three year minimum before the licensee can apply for reinstatement. And a fourth provision is the Confidential Consent Agreement (“CCA”). This is a new tool to resolve matters before the Board that involve minor misconduct, result in little or no patient harm and are not likely to be repeated. The Board has voted to offer confidential consent agreements in some cases of profiling, continuing education and advertising. The law allows the Board the option of utilizing CCA’s in standard of care cases, as long as all of the statutory criteria are met.
If you are the Chief of Staff or Chief Executive Officer of a hospital or healthcare institution, you are required to report to the Department of Health Professions within 30 days if you have knowledge that a licensee 1) may be impaired, 2) may be engaging in unethical, fraudulent or unprofessional conduct, 3) has an action taken against him by a hospital or healthcare institution, or 4) voluntarily resigns from the staff while under investigation. If you learn that a healthcare provider is committed or admitted for inpatient psychiatric or substance abuse treatment, you must report within 5 days.
For additional information regarding this new law, see the article “Virginia's New Rules for Health Care Practitioner Disciplinary Proceedings” at http://www.dhp.state.va.us/medicine/default.htm For information regarding reporting obligations of hospitals and other health care institutions, see Guidance Document on Hospitals & Other Health Care Institutions Reporting Under HB 1441 at www.dhp.state.va.us
EXCERPT - Source: Federation of State Medical Boards
Date: Friday, September 12, 2003
Oregon Board Sees Gains in Hospital Reporting
Legislation requiring hospitals to report actions against physicians has not become law yet, but the Oregon Board of Medical Examiners is already seeing positive results.
The legislation states that hospitals must report any restriction, limitation or denial of a physician's privileges to the state medical board. If a licensee resigns voluntarily from a facility while under investigation for possible unprofessional conduct or medical incompetence, the resignation must be reported to the board.
Kathleen Haley, J.D., the board's executive director, said the board worked with the state hospital association to reach an agreement on reporting requirements. Legislation was passed during this year's session and goes into effect in January 2004. With all of the attention the bill garnered, the board has noted an increase in the number of reports it receives.
"We have seen an increase in reporting from all over the state," Haley said.
In the past the board had difficulty obtaining any hospital reports. Hospitals were already required to report actions against physicians, but the bill refined existing reporting requirements. Hospitals are now given 10 days to report any official action or incident. However, there is no penalty for failure to report.
EXCERPT - Source: Federation of State Medical Boards
Date: Friday, July 25, 2020
Wyoming Board Amends Medical Practice Act
Members of the Wyoming Legislature adopted several amendments to the state's medical practice act that went into effect this month... Hospital reporting requirements were also added to the act. The board can fine health facilities up to $100 per day for failure to report actions against licensees affecting clinical privileges.
Update as of January 30, 2021
The Board has not promulgated regulations as yet but plans to over the Summer and to have the reporting requirements in place and enforceable in early 2005.
Update - California Reporting Law - Failure to Report - Fines
Reference: California Business & Professions Code, Section 805. There have been a few minor changes since 2000, and one notable one, the increase to $50,000 of the fine for failure to report and can go to $100,000 for intentional failure.