PURPOSE: This rule establishes a procedure and guidelines regarding reports required from hospitals or ambulatory surgical centers by section 383.133, RSMo concerning any final disciplinary action against a nurse licensed under Chapter 335, RSMo or the voluntary resignation of any such nurse.

1. (1) The Missouri State Board of Nursing shall receive and process any report from a hospital or ambulatory surgical center concerning any disciplinary action against a nurse licensed under Chapter 335, RSMo or the voluntary resignation of any such nurse against whom any complaints or reports have been made which might have led to disciplinary action.

2. (2) Reports to the board shall be in writing and shall comply with the minimum requirements as set forth in section 383.133.2, RSMo and this rule. The Board of Nursing will assume that all reports received from hospitals or ambulatory surgical centers will be treated as under section 383.133, RSMo. The information shall be submitted within fifteen (15) days of the final disciplinary action, and shall contain, but need not be limited to—

   1. (A) The name, address and telephone number of the person making the report;
   2. (B) The name, address and telephone number of the person who is the subject of the report;
   3. (C) A brief description of the facts which gave rise to the issuance of the report, including the dates of occurrence deemed to necessitate the filing of the report;
   4. (D) If court action is involved and known to the reporting agent, the identity of the court, including the date of filing and the docket number of the action; and
   5. (E) A statement as to what final action was taken by the institution.
3. (3) Any activity that is construed to be a cause for disciplinary action according to section 335.066, RSMo shall be deemed reportable to the board. Nothing in this rule shall be construed as limiting or prohibiting any person from reporting a violation of the Nursing Practice Act directly to the Missouri State Board of Nursing.

4. (4) In response to a written or verbal inquiry on a specific nurse from a hospital or ambulatory surgical center regarding reports received by the board under the provisions of section 383.133, RSMo, and this rule, the board may provide the following information:

   1. (A) Whether any reports have been received;
   2. (B) A brief description of the facts that gave rise to the issuance of the report, including the dates of occurrence deemed to necessitate the filing of the reports;
   3. (C) The nature of the final action taken by the hospital or ambulatory surgical center; and
   4. (D) Disciplinary action that the board took on each report.
5. (5) In cases where a nurse voluntarily submits to an employee assistance program or to a rehabilitation program for alcohol or drug impairment and no disciplinary action is taken by the facility, the facility is not mandated to report but may report. If the nurse is subsequently disciplined by the facility for violating provisions of the employee assistance program or rehabilitation program or voluntarily resigns in lieu of discipline, the facility must report to the board under the above provision. AUTHORITY: sections 335.036, RSMo Supp. 1999 and 383.133, RSMo 1994.* This rule originally filed as 4 CSR 200-4.040. Original rule filed Aug. 5, 1987, effective Nov. 12, 1987. Amended: Filed Jan. 8, 1988, effective April 28, 1988. Amended: Filed April 19, 1996, effective Nov. 30, 1996. Amended: Filed July 11, 2000, effective Jan. 30, 2001. Moved to 20 CSR 2200-4.040, effective Aug. 28, 2006.

*Original authority: 335.036, RSMo 1975, amended 1981, 1985, 1993, 1995, 1999 and 383.133, RSMo 1986.