Board of Nursing
Mandatory Reporting Guidelines
What should be reported: LEVEL I - Always requires reporting to the Board of Nursing
- Conduct that clearly violates expected standards of care and may result in various degrees of harm
- Conduct that demonstrates a pattern of poor judgment or skill
Examples: suspected drug diversion, misappropriation, theft, physical/verbal abuse, sexual abuse or exploitation, falsification of documents, cover-ups, a single serious medication error, repeated medication errors or charting errors, signing out without a physician's order or failing to account for wastage of controlled medication, serious medication errors, arrests, indictments and convictions, intoxication on duty and patient neglect (such as failing to properly assess, treat, monitor, notify or intervene).
LEVEL II - Depending on an analysis of the facts, may require reporting to the Board of Nursing.
- There is no list of what should or should not be reported under this category. It is a matter of judgment for the person(s) making the report, based upon a review of all the relevant factors.
- Conduct that may be indicate of a more serious problem should be reported.
LEVEL III - Does not require reporting to the Board of Nursing.
- Low level infractions that do not involve patient care, professional judgment or wrongdoing.
Examples: co-worker disputes, personality conflicts, absenteeism, tardiness, labor-management or employer-employee disputes, fee or wage disputes, unanticipated adverse outcomes independent of anyone's fault (such as equipment failures or allergic reactions) and minor policy infractions.
Who Should report:
- All licensed nurses have an affirmative obligation to report suspected violations of the Nurse Practice Act and the Uniform Enforcement Act to the Board of Nursing.
- Generally, in the work setting (e.g. licensed health care facility or agency) the highest nursing officer should take responsibility for reporting to the Board (e.g. Director of Nursing Vice President of Patient Care) However, it is also appropriate for the Director of Security, the Director of Human Resources or Risk manager to file a complaint. If the facility or agency's administrators refuse or delay a report, it is appropriate for a staff nurse or nurse manager to take responsibility for reporting to the Board.
- The Board also receives complaints from consumers/patients, families of consumers/patients, the Ombudsman for the Institutionalized Elderly, the Department of Health and Senior Services and the Criminal Authorities.
How Should a report be made:
INITIAL REPORTS TO THE BOARD OF NURSING SHOULD:
- Be in writing (except for emergent matters involving suspected drug diversion/misappropriation or sexual abuse complaints).
- Contain basic information about the "who, what, where, why and how" of the incident
- Contain the name of a contact person and a telephone number and address where he/she can be reached during business hours.
ALL PERSONS MAKING A REPORT TO THE BOARD OF NURSING SHOULD BE PREPARED TO:
- Provide legible copies of all relevant records, materials and information as requested by the Board's representative.
- Speak with the Board's representative by telephone, in writing or in person, as requested.
- Assist the Board's representative in gaining access to all relevant information, witnesses or other persons, as requested.
- Follow through and agree to appear before the Board, if necessary.
For purposes of these guidelines, the Board's representative may include any one of the following individuals: The Board's executive director, paralegal, deputy attorneys general or Enforcement Bureau investigators.
Where Should a report be made to:
All letters of complaint should be made to:
Board of Nursing
P.O. Box 45010
124 Halsey Street, Sixth Floor
Newark, New Jersey 07101
Tel. Number: (973) 504-6457
Emergent complaints of drug diversion or sexual abuse may be made by telephone to the Board of Nursing at (973) 504-6457, or to the Deputy attorney General at (973) 648-7093 or the Enforcement Bureau of the Division of Consumer Affairs at (973) 504-6300.
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