The Board's Investigations Division receives allegations of potential violations of Mississippi's Nurse Practice Act. Those allegations come from a variety of sources, including self-reports, coworkers, supervisors, patients and patients' families, law enforcement, other regulatory agencies, other state boards of nursing, and anonymous reporters. The Investigations Division receives approximately 1500 allegations per year with approximately 1200 of those allegations proceeding to investigation.
The Investigations Division reviews each allegation to determine whether the Board has jurisdiction and whether there is sufficient evidence to support an investigation. The investigation includes interviews of the alleged violator and any witnesses and reviews of medical records, court documents, and facility investigation reports along with document requests made through the Board's power to issue subpoenas.
Upon conclusion of each investigation, the investigator presents the evidence collected during the investigation at a case review conference where Board staff, including representatives from the Licensure and Legal divisions and the Recovering Nurse Program. The members of the case review conference review the evidence and may take one of several options: (1) close the case due to insufficient evidence to support the allegation or if there is no violation of the Nurse Practice Act; (2) refer the case to the Recovering Nurse Program or Mississippi Alternative Program if there is evidence that the accused nurse has a potential substance abuse problem or mental, physical, or emotional condition that prevents the safe practice of nursing; or (3) refer the case to the Legal Division for the filing of formal charges.
Investigation Files Are Confidential
Pursuant to Mississippi Code Annotated 73-15-31(3), all records of any Board investigation are confidential and are not subject to discovery or subpoena.
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