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SB 710 - Under this act, if the Administrative Hearing Commission finds merit to a complaint against a licensed nurse, documentation will only appear on file if disciplinary action is taken. If such action is taken, upon final case disposition, the documentation will appear on file as closed with merit and no other action shall be taken. Notification to other licensing boards in other states or national registries can be made only if public disciplinary action is taken due to the complaint. If the board finds no merit to a complaint and no disciplinary action is taken, the case will be closed without merit and the documentation shall be destroyed within six months of final case disposition. If no disciplinary action was taken on a complaint filed before August 28, 2006, a licensee may request in writing that all documentation regarding the complaint be destroyed. The board must destroy the documentation, notify any other state board or registry if they have been notified of the complaint, and notify the licensee that it has complied with the licensee’s request. Licensees subject to unsubstantiated claims shall not be required to disclose the claim's existence. This act also allows the board to assess a fine, of up to $500, if a claim is substantiated. In assessing such a fine the board must weigh factors that establish the gravity of the misconduct. CHRIS HOGERTY
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