Section 114-03-01-03 - Reporting violationsLicensees, applicants, or citizens may use the following process to report any knowledge of acts or omissions by an individual that may violate North Dakota Century Code chapter 43-62 or this title:
1. Minor incident: a. If the act or omission meets the criteria for management of a minor incident, the applicant or licensee, should be aware of and follow the established policy within the practice setting for minor incidents. The established policy in the licensee's practice setting should detect patterns of unsafe behavior that may be considered minor incidents and take corrective action resulting in safe practice.b. May be handled in the practice setting with a corrective action process if all the following factors exist: (1) Potential risk of harm to others is low;(2) There is no pattern of recurrence;(3) The licensee exhibits evidence of remediation and adherence to standards of practice; and(4) The corrective action process results in the licensee possessing the knowledge, skills, and abilities to practice safely.c. Other factors may be considered in determining the need to report the incident, such as the significance of the event in the particular practice setting, the situation in which the event occurred, and the presence of contributing or mitigating circumstances in the system.d. Nothing in this rule is intended to prevent reporting of a minor incident or potential violation directly to the board.2. Major incident. If the act or omission is a major incident or factors are present which indicate a duty to report the licensee or applicant, the licensee's or applicant's supervisor or employer shall report the alleged violation to the board in the manner and form provided by the board. The report should include requested information about the act or omission, the individuals involved, and the action taken within the practice setting.3. Termination of employment. When a licensee or applicant terminates from the practice setting, either voluntarily or by request, due to conduct that may be grounds for discipline under the medical imaging and radiation therapy practices act or this title, a report must be made to the board by the licensee or applicant, and may be reported by the employer or supervisor in the manner and form provided by the board.4. Self-reporting. A licensee or applicant shall provide written notice of explanation and a copy of the applicable documents to the board within thirty days from the date of any criminal, malpractice, administrative, civil, or disciplinary action in this or any other jurisdiction, or a certification organization, or any other action taken against the licensee or applicant for any conduct that may affect patient safety or otherwise relates adversely to the practice of medical imaging and radiation therapy. This includes failure to complete applicable continuing education requirements or other applicable certification organization requirements for maintenance of the licensee's or applicant's registration and certification.N.D. Admin Code 114-03-01-03
Adopted by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 43-62
Law Implemented: NDCC 43-62-09(7)(8), 43-62-19(15)