An 805 report in California is the mechanism used by peer review bodies, such as those in hospitals, to report information regarding licensees to the Medical Board of California. Many actions can trigger the need to file an 805 report, which helps to keep physicians and nurses accountable.
California Nurse Practitioner Laws and 805 Reporting Requirements
Under California law, an 805 report must be filed by peer review bodies in a number of instances. One of these is if the same body rejects a licensee’s application for staffing privileges or membership for a disciplinary reason or if existing privileges are revoked for the same reason.
Peer review bodies must also file 805 reports if any restrictions are placed on the licensee’s staff privileges for 30 days or more within any 12-month period. The reason must also be disciplinary in nature.
A report will be necessary if a leave of absence, resignation, abandonment, or withdrawal of privilege applications occurs after receiving notice that there is a pending investigation. It’s also required if there is a complete suspension of privileges or employment for more than 14 days.
In all of these cases, there must be a medical disciplinary cause of reason. This means that the professional conduct or competence of the nurse practitioner has been brought into question. The conduct must be reasonably likely to cause harm to patient safety or endanger the delivery of patient care.
The report must be signed by a chief executive officer, the chief of staff, or the medical director of any peer review body. It must include a detailed description of the reason for reporting and list the name of the licensee and their license number.
How Peer Review Reporting Laws Increase Accountability
In the past, it was much easier for hospitals and peer review groups to avoid letting the Medical Board know about any disciplinary actions taken. That’s no longer the case since any process that impacts privileges must be reported. Facilities that fail to follow the law can face up to $50,000 in fines, with intentional or wilful failure hiking the fees up to $100,000.
The report must be submitted rapidly. This ensures that patients remain safe from potential harm and that issues and false accusations are addressed and resolved as quickly as possible. In most cases, the report has to be filed within 15 days of the action to reject or deny an application or other actions that require the filing of the report in the first place.
Having an 805 report filed is too high a risk, especially for nurse practitioners. It could mean losing their license, and that can end their career.
Although an 805 report won’t be available to the public, certain healthcare facilities can request information for credentialing purposes. This could prevent nurses from working anywhere else in the state. If disciplinary action is taken, then their professional profile will display this fact, further increasing their professional liability and harming their future prospects.
All of this means that nurses will be more likely to avoid conduct that could lead them to receive any type of disciplinary action, reinforcing accountability within the profession.
Legal Defense for Nurse Practitioners Facing an 805 Report
If the worst occurs and you receive notice that an 805 report has been filed against you, or you learn that there’s an ongoing investigation, avoid the knee-jerk reaction to resign or accept reportable discipline without fighting it. Pursuing a strong nursing license defense can protect your career.
To start, you must hire a professional license defense lawyer to help you. They will gather all of the necessary information about the accusation made against you and begin a thorough investigation into what happened. If you do receive a formal Accusation or Citation, your lawyer will get you the hearing to which you’re entitled.
Protect Your Nursing License With Help From S J Harris Law
If you’re worried about having an 805 report filed on you, or you fear that it has already happened, your next step should be to contact a nursing license defense lawyer. Reporting laws and legislative requirements surrounding 805 reports can raise significant legal and professional challenges, making it important to act quickly.
At S J Harris Law, our team of dedicated attorneys can fight to clear your name and help you retain your license and your livelihood. We understand how these reporting laws impact nurse practitioners and other health professionals, and we know how to form a strong defense that relies on facts and addresses all of the concerns the Board may have
Don’t wait to start protecting your license and reputation. Contact our team at S J Harris Law to schedule a consultation.
