Incident-Based or Safe Harbor Peer review is the evaluation of nursing services, the qualifications of a nurse, the quality of patient care rendered by nurses, the merits of a complaint concerning a nurse or nursing care, and a determination or recommendation regarding a complaint including: It is a committee established under the authority of the governing body of a national, state, or local nursing association; a school of nursing; the nursing staff of a hospital, health science center, nursing home, home health agency, temporary nursing service, or other health care facility; or state agency or political subdivision for the purpose of conducting nursing peer review. The nursing peer review process is one of fact-finding, analysis, and study of events by nurses in a climate of collegial problem solving focused on obtaining all relevant information about an event.
The term includes misrepresenting the facts surrounding the events under review, acting out of malice or personal animosity towards the nurse, acting from a conflict of interest, or knowingly or recklessly denying a nurse due process.
Good faith precludes misrepresenting the facts surrounding the events under review, acting out of malice or personal animosity, acting from a conflict of interest, or knowingly or recklessly denying a nurse due process.
Nurses involved in nursing peer review must comply with the NPR Law. Nurses must comply with the NPA. The term also includes the provision of information, advice, and assistance to nurses and other persons relating to the rights and obligations of and protections for nurses who raise care concerns, report under Chapterrequest peer review, and the resolution of workplace and practice Tbon peer review relating to nursing and patient care.
The peer review process is one of fact finding, analysis and study of events by nurses in a climate of collegial problem solving focused on obtaining all relevant information about an event.
Peer review conducted by any entity must comply with NPR Law and with applicable Board rules related to incident-based or safe harbor peer review. Safe Harbor must be invoked prior to engaging in the conduct or assignment for which peer review is requested, and may be invoked at anytime during the work period when the initial assignment changes.
The TOC contains the statutes governing occupations and professions including the health professions. The purpose of this rule is to: Any person or entity that conducts incident-based peer review must comply with the due process requirements of this section even if the person or entity does not utilize the number of nurses described by subsection c of this section.
This requirement does not exclude a person who is administratively responsible over the nurse being Tbon peer review from appearing before the committee to speak as a fact witness; C provide written notice to the nurse in person or by certified mail at the last known address the nurse has on file with the facility that: I the incident-based peer review committee determines an extended time period extending the 45 days by no more than an additional 45 days is necessary in order to consult with a patient safety committee; or II otherwise agreed upon by the nurse and incident-based peer review committee; and iii includes the information required by subparagraph D of this paragraph.
D Include in the notice required by subparagraph C of this paragraph: E provide the nurse the opportunity to review, in person or by attorney, the documents concerning the event under review, at least 15 calendar days prior to appearing before the committee; F provide the nurse the opportunity to: A A nurse shall have a right of representation as set out in this paragraph.
These rights are minimum requirements and a facility may allow the nurse more representation. The incident-based peer review process is not a legal proceeding; therefore, rules governing legal proceedings and admissibility of evidence do not apply and the presence of attorneys is not required.
B The nurse has the right to be accompanied to the hearing by a nurse peer or an attorney. C If either the facility or nurse will have an attorney or representative present at the incident-based peer review hearing in any capacity, the facility or nurse must notify the other at least seven 7 calendar days before the hearing that they will have an attorney or representative attending the hearing and in what capacity.
D Notwithstanding any other provisions of these rules, if an attorney representing the facility or incident-based peer review committee is present at the incident-based peer review hearing in any capacity, including serving as a member of the incident-based peer review committee, the nurse is entitled to "parity of participation of counsel.
A facility may choose to initiate an informal review process utilizing a workgroup of the nursing incident-based peer review committee provided there are written policies for the informal workgroup that require: If the chair person disagrees with a determination of the informal work group, the chair person shall convene the full peer review committee to make a determination regarding the conduct in question; and 7 the chair person communicate any decision of the informal work group to the CNO or nurse administrator.
The minimum due process requirements set out in subsection d of this section do not apply to: A if there is no reasonable factual basis for determining that a practice violation is involved, the nurse shall be reported to: A A record or determination of a patient safety committee, or a communication made to a patient safety committee, is not subject to subpoena or discovery and is not admissible in any civil or administrative proceeding, regardless of whether the information has been provided to a nursing peer review committee.
B The privileges under this subsection may be waived only through a written waiver signed by the chair, vice chair, or secretary of the patient safety committee. D A committee that receives information from another committee shall forward any request to disclose the information to the committee that provided the information.
In accordance with that section, the committee may determine that the nurse: A patient safety committee must report its findings back to the incident-based peer review committee. B An incident-based peer review committee may extend the time line for completing the incident-based peer review process extending the 45 days by no more than an additional 45 days if the committee members believe they need input from a patient safety committee.
The incident-based peer review committee must complete its review of the nurse within this day time frame. The BON does not have regulatory authority over practice settings or civil liability. A state agency that has reason to believe that a nurse has engaged in conduct subject to reporting shall report the nurse in writing to: A nurse who knowingly participates in incident-based peer review in bad faith is subject to disciplinary action by the Board.
A minimum standards of acceptable and prevailing professional practice, for a report made regarding a practitioner; or B statutory, regulatory, or accreditation standards, for a report made regarding an agency or facility.
For purposes of this subsection, an employer or entity includes an employee or agent of the employer or entity.Peer Review Michael J DeVry University Considering the most integral part of one’s paper, the data and information provided has to be well founded. That is why the research portion is the most important part.
Anyone, can form an opinion, in which in the individual’s point of view might drown out the factual evidence. Practice - Peer Review: Incident-Based or Safe Harbor Peer review is the evaluation of nursing services, the qualifications of a nurse, the quality of patient care rendered by nurses, the merits of a complaint concerning a nurse or nursing care, and a determination or recommendation regarding a complaint including.
Rights every nurse should know: Incident-based nursing peer review. BY Mary M. Bearden and Allison Shelton, Brown & Fortunato, P.C. Nurses and the practice of nursing are the focus of this month’s issue of the Houston Medical Journal.
The Enhanced Nurse Licensure Compact is effective as of January 19, The States of Wisconsin, New Mexico, and Colorado are now part of the eNLC. Welcome to the Texas Board of Nursing Website.
We welcome you to the Texas Board of Nursing (BON or Board) website. The BON has been serving the public for more than years since its establishment in by the Legislature to regulate the safe practice of nursing in Texas.
(B) An incident-based peer review committee may extend the time line for completing the incident-based peer review process (extending the 45 days by no more than an additional 45 days) if the committee members believe they need input from a .