Duty to report claim of professional negligence to licensing board
- • contents of report
- • public disclosure and posting of reports
(1) As used in this section:
(a) "Claim" means a written demand for payment from or on behalf of a covered practitioner for an injury alleged to have been caused by professional negligence that is made in a complaint filed with a court of appropriate jurisdiction.
(b) "Covered practitioner" means a physician, podiatric physician and surgeon, physician assistant, nurse practitioner, optometrist, dentist, dental hygienist or naturopath.
(c) "Disposition of a claim" means:
(A) A judgment or award against the covered practitioner by a court, a jury or an arbitrator;
(B) A withdrawal or dismissal of the claim; or
(C) A settlement of the claim.
(d) "Reporter" means:
(A) A primary insurer;
(B) A public body required to defend, save harmless and indemnify an officer, employee or agent of the public body under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive);
(C) An entity that self-insures or indemnifies for claims alleging professional negligence on the part of a covered practitioner; or
(D) A health maintenance organization as defined in ORS 750.005 (Definitions).
(2) Within 30 days after receiving notice of a claim, a reporter shall report the claim to the appropriate board, as follows:
(a) The Oregon Medical Board if the covered practitioner is a physician, podiatric physician and surgeon or physician assistant;
(b) The Oregon State Board of Nursing if the covered practitioner is a nurse practitioner;
(c) The Oregon Board of Optometry if the covered practitioner is an optometrist;
(d) The Oregon Board of Dentistry if the covered practitioner is a dentist or dental hygienist; or
(e) The Board of Naturopathic Examiners if the covered practitioner is a naturopath.
(3) The report required under subsection (2) of this section shall include:
(a) The name of the covered practitioner;
(b) The name of the person that filed the claim;
(c) The date on which the claim was filed; and
(d) The reason or reasons for the claim, except that the report may not disclose any data that is privileged under ORS 41.675 (Inadmissibility of certain data provided to peer review body of health care providers and health care groups).
(4) Within 30 days after the date of an action taken in disposition of a claim, a reporter shall notify the appropriate board identified in subsection (2) of this section of the disposition.
(5)(a) A board that receives a report of a claim under this section shall publicly post the report on the board’s website if the claim results in a judicial finding or admission of liability or a money judgment, award or settlement that involves a payment to the claimant. The board may not publicly post information about claims that did not result in a judicial finding or admission of liability or a money judgment, award or settlement that involves a payment to the claimant but shall make the information available to the public upon request. The board shall remove from the board’s website any record based on a reported claim against a covered practitioner if the board does not receive another report of a claim against the practitioner within four years after the date reported under subsection (3)(c) of this section.
(b) If a board discloses information about a claim that is the subject of a report received under this section, the board shall indicate in the disclosure whether the claim resulted in a judicial finding or an admission of liability or a money judgment, an award or a settlement that involves a payment to the claimant. A board may not publicly disclose or publish any allegations or factual assertions included in the claim unless the complaint resulted in a judicial finding or an admission of liability or a money judgment, an award or a settlement that involves a payment to the claimant.
(c) For purposes of this subsection, "judicial finding" means a finding of liability by a court, a jury or an arbitrator.
(6) A board that receives a report under this section shall provide copies of the report to each health care facility licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility), 441.525 (Definitions for ORS 441.525 to 441.595) to 441.595 (Construction of ORS 441.525 to 441.595), 441.815 (Smoking of tobacco in certain hospital rooms prohibited), 441.820 (Procedure for termination of physician's privilege to practice medicine at health care facility), 441.990 (Criminal penalties), 442.342 (Waiver of requirements), 442.344 (Exemptions from requirements) and 442.400 ("Health care facility" defined) to 442.463 (Annual utilization report) that employs or grants staff privileges to the covered practitioner.
(7) A person that reports in good faith concerning any matter required to be reported under this section is immune from civil liability by reason of making the report. [Formerly 743.780 and then 743.770; 1991 c.401 §7; 1997 c.131 §3; 2007 c.803 §1]
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