Section 54-02-07-03.1 - Reporting violationsProtection of the public is enhanced by reporting of incidents that may be violations of North Dakota statutes or grounds for discipline by the board. Licensees, registrants, applicants, or citizens should use the following process to report any knowledge of acts or omissions of any individual that violate North Dakota Century Code chapter 43-12.1 or these rules:
1.Minor incident. If the act or omission meets the criteria for management of a minor incident, the applicant, licensee, or registrant should be aware of and follow the established policy within the practice setting for minor incidents. The established policy in the licensee's or registrant's practice setting should detect patterns of unsafe behavior that may be considered minor incidents and take corrective action resulting in safe practice. a. A minor incident may be handled in the practice setting with a corrective action process if all the following factors exist:(1) Potential risk of harm to others is low;(2) There is no pattern of recurrence;(3) The licensee or registrant exhibits evidence of remediation and adherence to standards of nursing practice; and(4) The corrective action process results in the licensee or registrant possessing the knowledge, skills, and abilities to practice nursing safely.b. Other factors may be considered in determining the need to report such as the significance of the event in the particular practice setting, the situation in which the event occurred, and the presence of contributing or mitigating circumstances in the nursing care delivery system.c. Nothing in this rule is intended to prevent reporting of a minor incident or potential violation directly to the board.2.Major incident. If the act or omission is a major incident or factors are present that indicate a duty to report, the licensee, applicant, or registrant and the licensee's, applicant's, or registrant's supervisor must report the alleged violation to the board in the manner and form provided by the board. The report should include requested information about the act or omission, the individuals involved, and the action taken within the practice setting.3.Termination of employment. When a licensee, applicant, or registrant terminates from the practice setting, either voluntarily or by request, due to conduct that may be grounds for discipline under the Nurse Practices Act, a report shall be made to the board by the licensee, applicant, or registrant and by the licensee's, applicant's, or registrant's supervisor in the manner and form provided by the board.4.Self-reporting. A licensee, registrant, or applicant shall provide written notice of explanation and a copy of the applicable documents to the board within thirty days from the date of any criminal, malpractice, administrative, civil, or disciplinary action in another jurisdiction or any other action taken against the licensee, registrant, or applicant for any conduct that may affect patient safety or otherwise relates adversely to the practice of nursing.N.D. Admin Code 54-02-07-03.1
Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .General Authority: NDCC 43-12.1-08
Law Implemented: NDCC 43-12.1-11