D.C. Mun. Regs. tit. 22, r. 22-B4905

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 22-B4905 - COMPLAINT, INCIDENT, AND DISCIPLINARY REPORTING PROCEDURES
4905.1

Each nurse staffing agency must develop and implement policies and procedures for:

(a) Receiving, recording, and investigating complaints;
(b) Recording, reporting, and investigating incidents; and
(c) Reporting to the Board of Nursing or to the Department, as required by the Act and by this Chapter, information that may be grounds for disciplinary action under the Health Occupations Revision Act or the Certified Nurse Aide regulations.
4905.2

Each agency's policies and procedures must provide that a complaint may be presented orally or in writing.

4905.3

Each agency must respond to each complaint received by it within fourteen (14) calendar days of receipt of the complaint, must investigate the complaint as soon as reasonably possible, and must, upon completion of the investigation, provide the complainant with the results of the investigation.

4905.4

Each agency must report any incident, as further defined in this Chapter, to the Department, if that incident is related to the operation of the nurse staffing agency or to the services provided by the agency's employees and if that incident results in injury, illness, harm, or the potential for significant harm to any patient or client receiving services from the agency.

4905.5

Each agency must report each incident described in subsection 4905.4, above, to the Department no later than twenty-four (24) hours after the agency learns of the incident, must investigate the incident as soon as reasonably possible, and must provide the Department with the results of the investigation upon completion of the investigation.

4905.6

Each agency must report any action taken by, or any condition affecting the fitness to practice of, a Licensed Practical Nurse or a Registered Nurse that might be grounds for enforcement or disciplinary action under the Health Occupations Revision Act to the Board of Nursing within (5) business days of the nurse staffing agency's receipt or development of the information.

4905.7

Each agency must report any action taken by a Certified Nurse Aide that might be grounds for listing that individual on the Nurse Aide Abuse Registry to the Department within five (5) business days of the nurse staffing agency's receipt or development of the information.

4905.8

Each agency must develop and implement a system of recording complaints and incidents, which must reflect all complaint, incident, and investigative activity for each calendar year, and which must include, for each complaint or incident:

(a) The name, address and phone number of the complainant, if known;
(b) If the complaint is anonymous, a statement so indicating;
(c) The date on which the complaint is received;
(d) The date and time the incident occurred;
(e) The date and time the incident is reported to the Department;
(f) A description of the complaint or incident;
(g) The date on which the complaint or incident investigation is completed;
(h) Whether the complaint is substantiated; and
(i) Any subsequent action taken as a result of the complaint or incident, and the date on which that action is taken.
4905.9

The information required pursuant to subsection 4905.8, above, must be maintained by each agency for at least three (3) years after the date on which the complaint is received or on which the agency learns of the incident.

4905.10

All records related to incidents and complaints must be made accessible to the Department at all times, and must be furnished to the Department immediately upon request.

D.C. Mun. Regs. tit. 22, r. 22-B4905

Final Rulemaking published at 51 DCR 10633 (November 19, 2004)