Report 2016-046 Recommendation 22 Responses

Report 2016-046: Board of Registered Nursing: Significant Delays and Inadequate Oversight of the Complaint Resolution Process Have Allowed Some Nurses Who May Pose a Risk to Patient Safety to Continue Practicing (Release Date: December 2016)

Recommendation #22 To: Registered Nursing, Board of

BRN should continue working with Justice and Consumer Affairs and finalize its reconciliation, by March 1, 2017, of Justice's fingerprint data with its data in BreEZe to identify any nurses who are missing fingerprint records. Once this reconciliation is performed, BRN must take the steps necessary to immediately obtain fingerprints from those nurses for which Justice has no fingerprint records.

Annual Follow-Up Agency Response From October 2018

The BRN has worked with the Departments of Justice and Consumer Affairs to finalize the reconciliation of fingerprint data between DOJ and BreEZe. BRN has taken steps to obtain fingerprints from nurses who do not have fingerprint records in DOJ's system.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

BRN provided evidence that it finalized its reconciliation of its data and Justice's fingerprint data, and has taken the steps necessary to obtain fingerprints from those nurses for which Justice has no fingerprint records.

1-Year Agency Response

The BRN has worked with the Departments of Justice and Consumer Affairs to finalize the reconciliation of fingerprint data between DOJ and BreEZe. BRN has taken steps to obtain fingerprints from nurses who do not have fingerprint records in DOJ's system.

California State Auditor's Assessment of 1-Year Status: Pending

Although BRN claims it has fully implemented this recommendation, it did not provide evidence demonstrating that it has. Until it does so, we will continue to assess the status of this recommendation as pending.

6-Month Agency Response

All data reconciliation actions with the Department of Justice (DOJ) are complete and BRN is taking steps necessary to immediately obtain fingerprints from those nurses for which neither BRN nor DOJ has fingerprint records.

BRN identified approximately 16,000 current and active RN's missing fingerprint data. From December 2016 to present, BRN has processed approximately 10,100 notification letters to licensees with deficient fingerprint data. There are approximately 5,900 licensees remaining to be contacted. BRN is currently in the process of contacting the remaining individuals not in compliance with the fingerprint requirement.

Approximately 440 current and active licensees who failed to comply with the fingerprint notifications were referred to the Enforcement Division for possible disciplinary action.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

Both BRN and DCA have been in communication with Department of Justice (DOJ) to complete the reconciliation of fingerprint records. To reconcile fingerprint data, the BRN needs DOJ's fingerprint database results in order to compare BRN BreEZe fingerprint records to determine which licensees still require fingerprint results. BRN will continue to work with DCA to identify any fingerprint data not available in BreEZe and that require licensee's to furnish fingerprints to the DOJ as required by law. BRN will also continue to collaborate with DCA to obtain updated fingerprint information from DOJ to reconcile all licensee records.

Using the fingerprint data received from DOJ in May 2016 the BRN is actively seeking fingerprint results for any licensee in BreEZe where records do not exist in an effort to update the data in the BreEZe system. The BRN has taken the following steps to notify licensees about the fingerprint renewal requirement:

- Initial and follow-up letters and e-mails have been mailed out to licensees where no fingerprint results exist in BreEZe or DOJ

- The BRN website has been updated with information regarding this requirement

- Announcements have been made at recent BRN board meetings held in January and February 2017

- A social media campaign has been launched in collaboration with DCA on FaceBook and Twitter regarding the fingerprint renewal requirement

- BRN executive management has met with nursing professional organizations (e.g. Hospital Association, ACNL, CNA, SEIU, UNAC, and ANA-C) who have shared this information with their nursing constituent groups throughout the state

- A telephone hotline and e-mail address were established to respond to the effected licensees

- Nurses who received the notification letters and do not comply with the requirement will be noticed and referred to enforcement for possible disciplinary action

California State Auditor's Assessment of 60-Day Status: Partially Implemented

Although BRN has taken steps to obtain the fingerprints from those nurses for which it knows are lacking fingerprints from the May 2016 Justice data, it still has not finalized its reconciliation of Justice's fingerprint data with its data in BreEZe to identify any nurses who are missing fingerprint records. Until it has done so, this recommendation is not fully implemented.

All Recommendations in 2016-046

Agency responses received are posted verbatim.