Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 2200 - State Board of Nursing
Chapter 4 - General Rules
Section 20 CSR 2200-4.040 - Mandatory Reporting Rule

(1) The State Board of Nursing will receive and process any report from a hospital, ambulatory surgical center, as such terms are defined in Chapter 197, RSMo, temporary nursing staffing agency, nursing home, any nursing facility as such term is defined in Chapter 198, RSMo, or any entity that employs or contracts with nurses to provide health care services to individuals 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. Disciplinary action is defined in section 383.130, RSMo as any final action taken by the board of trustees or similarly empowered officials of a hospital or ambulatory surgical center, or owner or operator of a temporary nursing staffing agency, to reprimand, discipline, or restrict the practice of a health care professional. Only such reprimands, discipline, or restrictions in response to activities which are also grounds for disciplinary actions according to the professional licensing law for that health care professional shall be considered disciplinary actions for purposes of this definition.

(2) The Board of Nursing will assume that all reports received from hospitals, ambulatory surgical centers, as such terms are defined in Chapter 197, RSMo, temporary nursing staffing agencies, nursing homes, any nursing facilities as such term is defined in Chapter 198, RSMo, or any entities that employs or contracts with nurses to provide health care services to individuals will be treated as provided under section 383.133, RSMo. The information shall be submitted within fifteen (15) days of the final disciplinary action, and should contain, but need not be limited to-

(3) Reports made to the board under the mandated reporting requirements as defined in Chapter 383, RSMo shall not be deemed a violation of the federal Health Insurance Portability and Accountability Act (HIPAA) and the privacy rules located in the Act because the Missouri State Board of Nursing qualifies as a health oversight agency as defined in the HIPAA privacy rules.

(4) Any activity that is construed to be a cause for disciplinary action according to section 335.066, RSMo is 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 State Board of Nursing.

(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.