§ 71-6736 — Alleged incompetence; reports required; confidential; immunity

(1) Any
facility or person using the services of a medication aide shall report to
the department, in the manner specified by the department by rule and regulation,
any facts known to him, her, or it, including, but not limited to, the identity
of the medication aide and the recipient, when it takes action adversely affecting
a medication aide due to alleged incompetence. The report shall be made within
thirty days after the date of the action or event.
(2) Any person may report to the department any facts known
to him or her concerning any alleged incompetence of a medication aide.
(3) A report made to the department under this section shall
be confidential. The facility, organization, association, or person making
such report shall be immune from criminal or civil liability of any nature,
whether direct or derivative, for filing a report or for disclosure of documents,
records, or other information to the department under this section. The reports
and information shall be subject to the investigatory and enforcement provisions
of the regulatory provisions listed in the Medication Aide Act. This subsection
does not require production of records protected by the Health Care Quality Improvement Act or section 25-12,123 or
patient safety work product under the Patient Safety Improvement Act except
as otherwise provided in either of such acts
or such section.

Legislative History

Source: Laws 1998, LB 1354, § 26; Laws 2005, LB 361, § 34; Laws 2011, LB431, § 14. Cross References: Health Care Quality Improvement Act, see section 71-7904. Patient Safety Improvement Act, see section 71-8701.