Current through Reg. 49, No. 12; March 22, 2024
(a)
Confidentiality. All complaints, adverse reports, investigation files, other
investigation reports, and other investigative information in the possession
of, received, or gathered by the board shall be confidential and no employee,
agent, or member of the board may disclose information contained in such files
except in the following circumstances:
(1) to
the appropriate licensing authorities in other states, the District of
Columbia, or a territory or country in which the acupuncturist is
licensed;
(2) to appropriate law
enforcement agencies if the investigative information indicates a crime may
have been committed;
(3) to a
health care entity upon receipt of written request. Disclosures by the board to
a health care entity shall include only information about a complaint filed
against an acupuncturist that was resolved after investigation by a
disciplinary order of the board or by an agreed settlement, and the basis of
and current status of any complaint under active investigation; and
(4) to other persons if required during the
conduct of the investigation.
(b) Request for Information and Records.
(1) Patient records. Upon the request of the
board or board representatives, a licensee shall furnish to the board legible
copies of patient records in English or the original records within 14 days of
the date of the request.
(2)
Renewal of licenses. A licensee shall furnish a written explanation of his or
her answer to any question asked on the application for license renewal, if
requested by the medical board or acupuncture board. This explanation shall
include all details as the medical board or acupuncture board may request and
shall be furnished within 14 days of the date of the medical or acupuncture
board's request.
(c)
Professional Liability Suits and Claims. Following receipt of a notice of claim
letter or a complaint filed in court against a licensee that is reported to the
acupuncture board, the licensee shall furnish to the medical or acupuncture
board the following information within 14 days of the date of receipt of the
medical or acupuncture board's request for said information:
(1) a completed questionnaire to provide
summary information concerning the suit or claim;
(2) a completed questionnaire to provide
information deemed necessary in assessing the licensee's competency;
(3) true, legible, and complete copies of the
licensee's office patient records and hospital records, if applicable,
concerning the patient on whose behalf damages are sought; and
(4) current information on the status of any
suit or claim previously reported to either board.
(d) Investigation of Professional Review
Actions. A written report of a professional review action taken by a peer
review committee or a health care entity provided to the acupuncture board must
contain the results and circumstances of the professional review action. Such
results and circumstances shall include:
(1)
the specific basis for the professional review action, whether or not such
action was directly related to care of individual patients; and
(2) the specific limitations imposed upon the
acupuncturist's clinical privileges, upon membership in the professional
society or association, and the duration of such limitations.
(e) Other Reports.
(1) Relevant information shall be reported to
the acupuncture board indicating that an acupuncturist's practice poses a
continuing threat to the public welfare shall include a narrative statement
describing the time, date, and place of the acts or omissions on which the
report is based.
(2) A report that
an acupuncturist's practice constitutes a continuing threat to the public
welfare shall be made to the acupuncture board as soon as possible after the
peer review committee, licensed acupuncturist or acupuncture student involved
reaches that conclusion and is able to assemble the relevant
information.
(f)
Reporting Professional Liability Claims.
(1)
Reporting responsibilities. The reporting form must be completed and forwarded
to the acupuncture board for each defendant acupuncturist against whom a
professional liability claim or complaint has been filed. The information is to
be reported by insurers or other entities providing professional liability
insurance for an acupuncturist. If a nonadmitted insurance carrier does not
report or if the acupuncturist has no insurance carrier, reporting shall be the
responsibility of the acupuncturist.
(2) Separate reports required and identifying
information. One separate report shall be filed for each defendant
acupuncturist insured. When Part II is filed, it shall be accompanied by the
completed Part I or other identifying information as described in paragraph
(4)(A) of this subsection.
(3)
Timeframes and attachments. The information in Part I of the form must be
provided within 30 days of receipt of the claim or suit. A copy of the claim
letter or petition must be attached. The information in Part II must be
reported within 105 days after disposition of the claim. Disposed claims shall
be defined as those claims where a court order has been entered, a settlement
agreement has been reached, or the complaint has been dropped or
dismissed.
(4) Alternate reporting
formats. The information may be reported either on the form provided or in any
other legible format which contains at least the requested data.
(A) If the reporter elects to use a reporting
format other than the acupuncture board's form for data required in Part II,
there must be enough identification data available to board staff to match the
closure report to the original file. The data required to accomplish this
include:
(i) name and license number of
defendant acupuncturist(s); and
(ii) name of plaintiff.
(B) A court order or settlement agreement is
an acceptable alternative submission for Part II. An order or settlement
agreement should contain the necessary information to match the closure
information to the original file. If the order or agreement is lacking some of
the required data, the additional information may be legibly written on the
order or agreement.
(5)
Penalty. Failure by a licensed insurer to report under this section shall be
referred to the State Board of Insurance. Sanctions under the Insurance Code,
Article 1.10, section 7, may be imposed for failure to report.
(6) Definition. For the purposes of this
subsection a professional liability claim or complaint shall be defined as a
cause of action against an acupuncturist for treatment, lack of treatment, or
other claimed departure from accepted standards of health care or safety which
proximately results in injury to or death of the patient, whether the patient's
claim or cause of action sounds in tort or contract.
(7) Claims not required to be reported.
Examples of claims that are not required to be reported under this chapter but
which may be reported include, but are not limited to, the following:
(A) product liability claims (i.e. where an
acupuncturist invented a device which may have injured a patient but the
acupuncturist has had no personal acupuncturist-patient relationship with the
specific patient claiming injury by the device);
(B) antitrust allegations;
(C) allegations involving improper peer
review activities;
(D) civil rights
violations; or
(E) allegations of
liability for injuries occurring on an acupuncturist's property, but not
involving a breach of duty to the patient (i.e. slip and fall
accidents).
(8) Claims
that are not required to be reported under this chapter may, however, be
voluntarily reported.
(9) The
reporting form shall be as follows:
Attached
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