DOH Adopts Rules Implementing Health Care Professional Responsibility and Reporting Enhancement Act

The New Jersey Department of Health (DOH) recently adopted rules implementing portions of the Health Care Professional Responsibility and Reporting Enhancement Act. The law created a Health Care Professional Information Clearinghouse. The law also requires New Jersey licensed health care entities to report health care professionals employed by, under contract with or having clinical privileges with that entity to notify the Clearinghouse Coordinator regarding the professional’s conduct relating to impairment, incompetence or professional misconduct which relates to patient safety. Further, the law requires the entity to notify the Clearinghouse coordinator of the actions the entity has taken against the offending professional. The new DOH rules are in addition to the rules regarding the law previously adopted by the New Jersey Division of Consumer Affairs (DCA).

Under the new rules, a health care facility must comply with the DCA rules on reporting to the Clearinghouse Coordinator, and must use the form of report adopted in the DCA regulations. A facility inquiring about a health care professional must use the inquiry form adopted in the new rules. Also, the new rules specify how facilities must respond to an inquiry. In addition, the new rules require health care facilities to maintain a record of all reportable events for a minimum of seven years. Finally, a facility may be subject to fines ranging between $250 and $1,000 for violations of the new rules.