[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR47.2]

[Page 819]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 47--POLICY REGARDING REPORTING HEALTH CARE PROFESSIONALS TO STATE 
LICENSING BOARDS--Table of Contents
 
Sec. 47.2  Reporting to State Licensing Boards.

    It is the policy of VA to report to State Licensing Boards any 
currently employed licensed health care professional or separated 
licensed health care professional whose clinical practice during VA 
employment so significantly failed to meet generally accepted standards 
of clinical practice as to raise reasonable concern for the safety of 
patients. The following are examples of actions that meet the criteria 
for reporting:
    (a) Significant deficiencies in clinical practice such as lack of 
diagnostic or treatment capability; errors in transcribing, 
administering or documenting medication; inability to perform clinical 
procedures considered basic to the performance of one's occupation; 
performing procedures not included in one's clinical privileges in other 
than emergency situations;
    (b) Patient neglect or abandonment;
    (c) Mental health impairment sufficient to cause the individual to 
behave inappropriately in the patient care environment;
    (d) Physical health impairment sufficient to cause the individual to 
provide unsafe patient care;
    (e) Substance abuse when it affects the individual's ability to 
perform appropriately as a health care provider or in the patient care 
environment;
    (f) Falsification of credentials;
    (g) Falsification of medical records or prescriptions;
    (h) Theft of drugs;
    (i) Inappropriate dispensing of drugs;
    (j) Unethical behavior or moral turpitude;
    (k) Mental, physical, sexual, or verbal abuse of a patient (examples 
of patient abuse include intentional omission of care, willful violation 
of a patient's privacy, willful physical injury, intimidation, 
harassment, or ridicule); and
    (l) Violation of research ethics.

(Authority: 38 U.S.C. 501; 7401-7405; Section 204(b) of Pub. L. 99-166, 
99 Stat. 952-953; Pub. L. 99-660, 100 Stat. 3743)

[63 FR 23665, Apr. 30, 1998]