197.152. Protection for reporting infection control concerns, reporting required--authority of infection control officers, review of orders--good faith reporting of infection control concerns protecte
Protection for reporting infection control concerns, reportingrequired--authority of infection control officers, review oforders--good faith reporting of infection control concernsprotected.
197.152. 1. Infection control officers as defined in federalregulation and other hospital and ambulatory surgical center employeesshall be protected against retaliation by the hospital or ambulatorysurgical center for reporting infection control concerns pursuant tosection 197.285 and shall be entitled to the full benefits of that section.Such infection control officers shall report any interference in theperformance of their duties by their supervisors to the hospital orambulatory surgical center compliance officer established by and empoweredto act pursuant to section 197.285.
2. Infection control officers as defined in federal regulation shallalso have the authority to order the cessation of a practice that fallsoutside accepted practices as defined by appropriate state and federalregulatory agencies, accreditation organizations, or the standards adoptedby the Centers for Disease Control and Prevention or the Association ofProfessionals in Infection Control and Epidemiology. The hospital orambulatory surgical center may require that such a cessation order of aninfection control officer be endorsed by the hospital or ambulatorysurgical center chief executive officer or his or her designee beforetaking effect. The hospital or ambulatory surgical center infectioncontrol committee shall convene as soon as possible to review suchcessation order and may overrule or sustain the directive of the infectioncontrol officer. The department shall promulgate rules governingdocumentation of such events.
3. Members of the medical staff who report in good faith infectioncontrol concerns to the hospital or ambulatory surgical centeradministration or medical staff leadership shall not be subject toretaliation or discrimination for doing so. Nothing in this section shallprevent or shield medical staff members from being subject to professionalreview actions for substandard care or breach of standards established inhospital policy, rules, or medical staff bylaws.
(L. 2004 S.B. 1279)