Mandatory Employer Reporting
Mandatory Employer & Licensee Reporting
Under West Virginia law, healthcare facilities, nurse managers, and licensed nurses are legally required to report incompetent, unethical, illegal, or impaired practice to the West Virginia Board of Registered Nurses.
Who is Required to Report
Healthcare Facilities & Agencies
Hospitals, nursing homes, clinics, home health agencies, and staffing agencies must report any nurse whose employment is terminated—or who resigns in lieu of termination—due to unsafe nursing practice or professional misconduct.
Nurse Executives & Managers
Chief Nursing Officers (CNOs), directors of nursing, and nurse supervisors are mandated to report known or suspected violations of West Virginia nursing statutes and legislative rules.
Licensed Individuals (Peer Reporting)
Registered Nurses (RNs), APRNs, and Dialysis Technicians are legally mandated to report incompetent, unethical, illegal, or impaired practice observed in peer licensees.
Reportable Conduct vs. General HR Issues
🚨 Mandatory Reportable Conduct
You must submit a formal report to the Board if a nurse engages in any of the following:
- Substance use disorder, chemical impairment, or practicing while impaired
- Drug diversion or falsification of controlled substance inventory records
- Patient abuse, neglect, exploitation, or professional boundary violations
- Gross negligence or significant failure to adhere to minimum practice standards
- Falsification of medical records, patient charts, or licensure documents
- Criminal convictions, arrests, or adverse actions taken by other regulatory bodies
ℹ️ Non-Reportable Employment Issues
The Board regulates professional licensure and patient safety. Internal employment disputes that do not jeopardize patient welfare should be handled internally and do not require a Board report, including:
- Routine tardiness or absenteeism (unrelated to patient abandonment or impairment)
- Interpersonal conflicts between staff members or communication style clashes
- Dress code violations or minor administrative policy infractions
- Refusal to work mandatory overtime (when patient abandonment is not present)
Reporting Timelines & Legal Protections
Reporting Timelines
Employers must submit a written report to the Board within 14 days of taking disciplinary action, terminating employment, or accepting a resignation in lieu of termination. If immediate patient danger or active impairment is identified, the report should be submitted immediately.
Good Faith Immunity Protection
Under West Virginia State Code, any individual, healthcare facility, or organization making a report to the Board in good faith is immune from civil liability. All reporting documents submitted to the Board remain strictly confidential investigative files protected under state law.