Federal Register / Vol. 62, No. 195 / Wednesday, October 8, 1997 / Proposed Rules 52519

person will be required to sign in and

may be required to present a picture

identification to gain entry to the

workshops.

Dated: October 2, 1997.

R. Dale Fazio,

Acting Associate Director for Royalty

Management.

[FR Doc. 97–26570 Filed 10–7–97; 8:45 am]

BILLING CODE 4310–MR–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 47

RIN 2900–AI78

Reporting Health Care Professionals to

State Licensing Boards

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: It continues to be the policy

of the Department of Veterans Affairs

(VA) to report to State Licensing Boards

any separated physician, dentist, or

other licensed health care professional

(one who no longer is on VA rolls)

whose clinical practice so significantly

failed to meet generally accepted

standards of clinical practice as to raise

reasonable concern for the safety of

patients. This document proposes that,

in addition, VA would report to State

Licensing Boards any currently

employed physician, dentist, or other

licensed health care professional (one

who is on VA rolls) whose clinical

practice so significantly failed to meet

generally accepted standards of clinical

practice during VA employment as to

raise reasonable concern for the safety of

patients. Some health care professionals

who are VA employees also provide

health care outside VA’s jurisdiction.

Accordingly, the reporting of currently

employed licensed health care

professionals who meet the standard for

reporting appears to be necessary so that

State Licensing Boards can take action

as appropriate to protect the public.

Examples of actions that meet the

criteria for reporting are set forth in the

text portion of this rulemaking. Also,

this document proposes to clarify that to

be ‘‘on VA rolls’’ means on VA rolls

regardless of the status of the health care

professional, including full-time, parttime, contract service, fee-basis, or

without compensation. This would

identify more clearly those health care

professionals who would be subject to

the reporting policy. Further,

nonsubstantive changes are made for

purposes of clarity.

DATES: Comments must be received on

or before December 8, 1997.

ADDRESSES: Mail or hand deliver written

comments to: Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Avenue, NW, Room 1154,

Washington, DC 20420. Comments

should indicate that they are submitted

in response to ‘‘RIN 2900-AI16.’’ All

written comments received will be

available for public inspection at the

above address in the Office of

Regulations Management, Room 1158,

between the hours of 8:00 a.m. and 4:30

p.m., Monday through Friday (except

holidays).

FOR FURTHER INFORMATION CONTACT:

Ruth-Ann Phelps, Ph.D., Veterans

Health Administration, Patient Care

Services (11B), 810 Vermont Ave., NW.,

Washington, DC 20420, at (202) 273–

8473 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This proposed rule has been reviewed

by OMB under Executive Order 12866.

Regulatory Flexibility Act

The Secretary hereby certifies that

this final rule will not have a significant

economic impact on a substantial

number of small entities as they are

defined in the Regulatory Flexibility

Act, 5 U.S.C. 601–612. The rule will

affect only individuals and will not

directly affect any small entities.

Therefore, pursuant to 5 U.S.C. 605(b),

this rule is exempt from the initial and

final regulatory flexibility analyses

requirements of sections 603 and 604.

There are no applicable Catalog of

Federal Domestic Assistance program

numbers.

List of Subjects in 38 CFR Part 47

Health professions.

Approved: September 5, 1997.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 47 is proposed to

be amended as follows:

PART 47—POLICY REGARDING

REPORTING HEALTH CARE

PROFESSIONALS TO STATE

LICENSING BOARDS

1. The authority citation for part 47

continues to read as follows:

Authority: Pub. L. 99–166, 99 Stat. 941; 38

U.S.C. 501.

2. The part heading for part 47 is

revised to read as shown above.

3. In part 47, subpart A and subpart

B headings are removed.

4. In § 47.1, paragraph (a) is removed;

paragraphs (b) through (h) are

redesignated as paragraphs (a) through

(g), respectively; new paragraphs (h) and

(i) are added, and the authority citation

is revised, to read as follows:

§ 47.1 Definitions.

* * * * *

(h) Currently employed licensed

health care professional means a

licensed health care professional who is

on VA rolls.

(i) On VA rolls means on VA rolls,

regardless of the status of the

professional, such as full-time, parttime, contract service, fee-basis, or

without compensation.

(Authority: 38 U.S.C. 501, 7401–7405;

Section 204(b) of Pub. L. 99–166, 99 Stat.

952–953; Pub. L. 99–660, 100 Stat. 3743)

§ 47.2 [Removed]

5. Section 47.2 is removed.

§ 47.3 [Redesignated as § 47.2]

6. Section 47.3 is redesignated as

§ 47.2.

7. The newly redesignated § 47.2 is

revised to read as follows:

§ 47.2 Reporting to State licensing boards.

It is the policy of VA to report to State

Licensing Boards any currently

employed licensed health care

professional or separated licensed

health care professional whose clinical

practice during VA employment so

significantly failed to meet generally

accepted standards of clinical practice

as to raise reasonable concern for the

safety of patients. The following are

examples of actions that meet the

criteria for reporting:

(a) Significant deficiencies in clinical

practice such as lack of diagnostic or

treatment capability; errors in

transcribing, administering or

documenting medication; inability to

perform clinical procedures considered

basic to the performance of one’s

occupation; performing procedures not

included in one’s clinical privileges in

other than emergency situations;

(b) Patient neglect or abandonment;

(c) Mental health impairment

sufficient to cause the individual to

behave inappropriately in the patient

care environment;

(d) Physical health impairment

sufficient to cause the individual to

provide unsafe patient care;

(e) Substance abuse when it affects

the individual’s ability to perform

appropriately as a health care provider

or in the patient care environment;

(f) Falsification of credentials;

(g) Falsification of medical records or

prescriptions;
52520 Federal Register / Vol. 62, No. 195 / Wednesday, October 8, 1997 / Proposed Rules

(h) Theft of drugs;

(i) Inappropriate dispensing of drugs;

(j) Unethical behavior or moral

turpitude;

(k) Mental, physical, sexual, or verbal

abuse of a patient (examples of patient

abuse include intentional omission of

care, willful violation of a patient’s

privacy, willful physical injury,

intimidation, harassment, or ridicule);

and

(l) Violation of research ethics.

(Authority: 38 U.S.C. 501, 7401–7405;

Section 204(b) of Pub. L. 99–166, 99 Stat.

952–953; Pub. L. 99–660, 100 Stat. 3743)

[FR Doc. 97–26612 Filed 10–7–97; 8:45 am]

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