Mandatory Reporting for Employers

Mandatory Reporting Form for Employers

MANDATORY REPORTING REFERENCE CODES

Business and Profession Code Section 3758
REPORT OF SUSPENDED OR TERMINATED EMPLOYEES

1. (a) Any employer of a respiratory care practitioner shall report to the Respiratory Care Board the suspension or termination for cause of any practitioner in their employ. The reporting required herein shall not act as a waiver of confidentiality of medical records. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800, and shall not be subject to discovery in civil cases.
2. (b) For purposes of the section, §suspension of termination for cause§ is defined to mean suspension or termination from employment for any of the following reasons:
3. (1) Use of controlled substances or alcohol to such an extent that it impairs the ability to safely practice respiratory care.
4. (2) Unlawful sale of controlled substances or other prescription items.
5. (3) Patient neglect, physical harm to a patient, or sexual contact with a patient.
6. (4) Falsification of medical records.
7. (5) Gross incompetence or negligence.
8. (6) Theft from patients, other employees, or the employer.
9. (c) Failure of an employer to make a report required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation.

Business and Profession Code Section 3758.6
ADDITIONAL REPORTING REQUIREMENTS

In addition to the reporting required under Section 3758, an employer shall also report to the board the name, professional licensure type and number, and title of the person supervising the licensee who has been suspended or terminated for cause, as defined in subdivision (b) of Section 3758. If the supervisor is a licensee under this chapter, the board shall investigate whether due care was exercised by that supervisor in accordance with this chapter. If the supervisor is a health professional, licensed by another licensing board under this division, the employer shall report the name of that supervisor and any and all information pertaining to the suspension or termination for cause of the person licensed under this chapter to the appropriate licensing board.

Business and Professions Code Section 3759
REPORTING IMMUNITY

Pursuant to Section 43.8 of the Civil Code, no person shall incur any civil penalty as a result of making any report required by this chapter.

Business and Profession Code Section 3717
INSPECTION OF FACILITIES, SERVICES, REQUIRED REPORTS

1. (a) The board, or any licensed respiratory care practitioner, enforcement staff, or investigative unit appointed by the board, may inspect, or require reports from, a general or specialized hospital or any other facility or corporation providing respiratory care, treatment, or services and the respiratory care staff thereof, with respect to the respiratory care, treatment, services, or facilities provided therein, or the employment of staff providing the respiratory care, treatment, or services, and may inspect and copy respiratory care patient records with respect to that care, treatment, services, or facilities. The authority to make inspections and to require reports as provided by this section is subject to the restrictions against disclosure contained in Section 2225. Those persons may also inspect and copy employment records relevant to an official investigation provided that the written request to inspect the records specifies the portion of the records to be inspected.
2. (b) The failure of an employer to provide documents as required by this section is punishable by an administrative fine not to exceed ten thousand dollars ($10,000) per violation. This penalty shall be in addition to, and not in lieu of, any other civil or criminal remedies.

California Code of Regulations Section §1399.385
EMPLOYER REPORTING

Information required to be disclosed by any employer of a respiratory care practitioner as provided in Sections 3758 and 3758.6 of the B&PC shall be disclosed to the board within 10 calendar days from the date of suspension or termination, whichever occurs first.

California Code of Regulations Section §1399.388
FINES-EMPLOYER

1. (a) Failure of an employer to provide reports or records or allow inspections as required by Section 3717 of the B&PC shall be punishable by an administrative fine ranging from $250 to $2,500.
2. (b) Failure of an employer to make a report required by Section 3758 of the B&PC shall be punishable by an administrative fine ranging from $2,500 to $10,000.
3. (c) Failure of an employer to make a report as required by Section 3758.6 of the B&PC shall be punishable by an administrative fine ranging from $500 to $2,500.
4. (d) Administrative fines collected pursuant to this section shall be deposited into the board's special fund.

You can access the complete language for the sections cited above as well as all of California law, by visiting the Official California Legislative Information web site at www.leginfo.ca.gov.