Health Security Act Reporting

Mandated Reporting

There are certain situations when licensed practitioners and/or healthcare entities are mandated to file reports with the Board of Nursing

Mandated reporting is required when:

Title 24 M.R.S. §2506 mandates that any health care provider or health care entity or carrier report to the Board in writing within 60 days the following information:

The name of any nurse employed by or privileged by the health care provider or health care entity when:

1. The nurse's employment, including employment through a 3rd party, or privileges have been revoked, suspended, limited or terminated for reasons related to clinical competence or unprofessional conduct; or
2. The nurse resigned while under investigation or to avoid investigation for reasons related to clinical competence or unprofessional conduct, together with pertinent information relating to that action.

Pertinent information related to the action taken by the health care provider or health care entity, including:

1. a description of the adverse action;
2. the name of the practitioner involved;
3. the date, the location and a description of the event or events giving rise to the adverse action; and
4. identification of the complainant giving rise to the adverse action.

Upon written request, the following information must be released to the board or authority within 20 days of receipt of the request:

1. the names of the patients whose care by the disciplined practitioner gave rise to the adverse action;
2. medical records relating to the event or events giving rise to the adverse action;
3. written statements signed or prepared by any witness or complainant to the event; and
4. related correspondence between the practitioner and the provider or entity.

Any reversal, modification or change of action reported pursuant to this section must be reported immediately to the practitioner's board or authority, together with a brief statement of the reasons for that reversal, modification or change.

Carriers providing managed care plans are subject to the reporting requirements of this section when they take adverse actions against a practitioner's credentials or employment for reasons related to clinical competence or unprofessional conduct that may adversely affect the health or welfare of the patient.

The failure of any health care provider or health care entity to report as required is a civil violation for which a fine of not more than $5,000 may be adjudged. [2013, c. 355, §3 (AMD).]

Please contact the Board's Executive Director at (207) 287-1148 if you have any questions about reporting.