38 CFR Part 47 — Policy Regarding Reporting Health Care Professionals to State Licensing Boards

PART 47—POLICY REGARDING REPORTING HEALTH CARE PROFESSIONALS TO STATE LICENSING BOARDS Authority: Pub. L. 99-166, 99 Stat. 941; 38 U.S.C. 501. Source: 58 FR 48455, Sept. 16, 1993, unless otherwise noted. § 47.1 Definitions. (a) Dentist (b) Other health care professional (c) Physician (d) State (e) State Licensing Board (f) Generally accepted standards of clinical practice (g) Separated licensed health care professional (h) Currently employed licensed health care professional (i) On VA rolls (Authority: 38 U.S.C. 501, 7401-7405; Section 204(b) of Pub. L. 99-166, 99 Stat. 952-953; Pub. L. 99-660, 100 Stat. 3743) [58 FR 48455, Sept. 16, 1993, as amended at 63 FR 23665, Apr. 30, 1998] § 47.2 Reporting to State Licensing Boards. It is the policy of VA to report to State Licensing Boards any currently employed licensed health care professional or separated licensed health care professional whose clinical practice during VA employment so significantly failed to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. The following are examples of actions that meet the criteria for reporting: (a) Significant deficiencies in clinical practice such as lack of diagnostic or treatment capability; errors in transcribing, administering or documenting medication; inability to perform clinical procedures considered basic to the performance of one's occupation; performing procedures not included in one's clinical privileges in other than emergency situations; (b) Patient neglect or abandonment; (c) Mental health impairment sufficient to cause the individual to behave inappropriately in the patient care environment; (d) Physical health impairment sufficient to cause the individual to provide unsafe patient care; (e) Substance abuse when it affects the individual's ability to perform appropriately as a health care provider or in the patient care environment; (f) Falsification of credentials; (g) Falsification of medical records or prescriptions; (h) Theft of drugs; (i) Inappropriate dispensing of drugs; (j) Unethical behavior or moral turpitude; (k) Mental, physical, sexual, or verbal abuse of a patient (examples of patient abuse include intentional omission of care, willful violation of a patient's privacy, willful physical injury, intimidation, harassment, or ridicule); and (l) Violation of research ethics. (Authority: 38 U.S.C. 501; 7401-7405; Section 204(b) of Pub. L. 99-166, 99 Stat. 952-953; Pub. L. 99-660, 100 Stat. 3743) [63 FR 23665, Apr. 30, 1998]

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