| (a) Each department, bureau, and division which surveys the quality of professional nursing care provided in health care facilities or agencies shall report in writing any unsafe nursing care to the Board of Nurse Examiners. This unsafe nursing care involves any registered nurse that the department has reason to believe exposed or is likely to expose patients or other persons unnecessarily to risk of harm because of unprofessional conduct, failure to care adequately for a patient, failure to conform to the minimum standards of acceptable professional nursing practice, or impaired status. (b) The written report to the Board of Nurse Examiners shall be submitted by the surveyor to his or her immediate supervisor within the department. This report shall be subject to the established department internal review procedure. All reports to the Board of Nurse Examiners shall be transmitted from the office of the associate commissioner from which it
originated. (c) The department may opt to report a nurse suspected of or impaired by dependency on chemicals or by mental illness to the peer assistance program (approved by the Board of Nurse Examiners) in lieu of reporting to the Board of Nurse Examiners.
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