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Reporting by Non-Licensing Board Agencies

Are actions taken by agencies not designated by the state as a licensing board against unlicensed providers reportable?

In some states, an agency other than the licensing boards (such as a state department of health) may be responsible for taking actions against unlicensed providers. Are these other agencies required to report the actions they take?

Yes. Even if they are not specifically designated as a "licensing board", the regulations define a Board as "a body or subdivision of such body which is designated by a state for the purpose of licensing, monitoring, and disciplining physicians or dentists." In addition, the regulations indicate (emphasis added) that a state licensing or certification agency "includes, but is not limited to, any authority of a state...responsible for the licensing or certification of health care practitioners... [e]xamples of such state agencies include Departments of Professional Regulation, Health..." For example, in one state, the Department of Health is granted the authority to take action against unlicensed practitioners. The Department of Health would be included in the definition cited above and would be required to report actions taken, even if they are not designated by the state as a "licensing board." This requirement would apply to actions taken against licensed health care professionals as well, if the state agency is granted the authority to take such actions.

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