Nebraska News: Mandatory Reporting

July 1, 2006 2:18 pm Topics: Mandatory reporting

Published in the July 2006 Nebraska Board of Pharmacy Newsletter

Every pharmacist should be aware of the regulations that govern the Mandatory Reporting by health care professionals.
The Unicameral in 1994 passed LB 1223, the Mandatory Reporting Statute, in hopes that this law and the rules and regulations that would follow would offer greater protection to the public from incompetent, unethical, or impaired practitioners.

Mandatory reporting even requires self-reporting. This means that you as a pharmacist must report certain occurrences to the Nebraska Department of Health and Human Services (HHS) Regulation and Licensure. This is a listing of some occurrences that must be self-reported.

1. Actions that affect your practice privileges in a facility.
2. Actions that result in the loss of your employment or membership in a professional organization due to alleged incompetence; negligence; unethical or unprofessional conduct; or physical, mental, or chemical impairment.
3. Actions based on a professional liability claim against you, such as an adverse judgment or settlement, a refusal to issue or renew coverage, or a cancellation of coverage.
4. Actions resulting in the loss of your authorization to practice by any state or jurisdiction.
5. Conviction of any misdemeanor or felony in this or any other state, territory, or jurisdiction.

What kinds of actions are we to report? We are to report an individual in the pharmacy profession if we have first hand knowledge that he or she has committed acts indicative of gross incompetence, a pattern of negligent conduct, unprofessional conduct, practicing while impaired by alcohol, controlled substances (CS), narcotic drugs, or physical, mental, or emotional disability, or other violations of laws or regulations governing the practice of the profession. It should be noted that credentialed pharmacist interns are not required to mandatory report, but are encouraged to report if they observe any of the above instances that would harm the public we all serve. We are also to report an individual in another profession if we have first hand knowledge that he or she has committed acts indicative of gross incompetence or may be practicing while impaired by alcohol; CS; narcotic drugs; or physical, mental, or emotional disability.

Can a licensee be disciplined if he or she does not report? Yes. It would be considered unprofessional conduct to violate the Mandatory Reporting rules and regulations.

This law was not enacted in order to create a Gestapo-like atmosphere in the health professions. The intent was to ensure that incompetent, impaired individuals do not continue to harm the public year after year while their colleagues look the other way, telling themselves “it is not my business.” Mandatory reporting makes public protection everyone’s business.

By Curt Barr, RP, Chairman, Nebraska Board of Pharmacy