N.J. Admin. Code § 8:30-1.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:30-1.5 - Maintenance of records of complaints and disciplinary actions

(a) Unless another applicable law requires retention for a longer period, in which case (d) below shall apply, a health care entity shall maintain and retain, for seven years from the date of the occurrence that triggered the creation of the record, all records of all documented complaints of events related to patient care provided by, and disciplinary proceedings or actions against, a health care professional:

1. Whom the health care entity employs and/or has employed; and/or

2. With whom the health care entity has and/or has had an affiliation.

(b) A health care entity shall make available to the Department, the Division, the board that licenses or otherwise authorizes the health care professional to practice, and the Medical Practitioner Review Panel, as applicable, upon request, records maintained and retained pursuant to (a) above, including any information the health care entity has pertaining to records maintained on a health care professional created prior to January 12, 1990 (the effective date of the Professional Medical Conduct Reform Act of 1989, P.L. 1989, c. 300).

(c) Unless another applicable law requires retention for a longer period, in which case (d) below shall apply, a health care entity shall maintain and retain, for four years from the date of the occurrence that triggered the creation of the record, all records and source data relating to the entity's mortality, morbidity, complication, infection, and readmission rates and shall make the records available to the Department, the Division, the board that licenses or otherwise authorizes the health care professional to practice, and the Medical Practitioner Review Panel, as applicable, upon request, provided:

1. A health care entity shall retain, in accordance with (a) above, records of the nature described in (c) above that relate to a specific health care professional.

(d) If another applicable law requires retention for a longer period than as provided in this section, that law shall control.

N.J. Admin. Code § 8:30-1.5

Adopted by 49 N.J.R. 1214(a), effective 5/15/2017