Current through Reg. 49, No. 38; September 20, 2024
(a) Any medical peer review committee in this
state, any respiratory care practitioner holding a certificate in this state,
any respiratory care practitioner student, or any physician licensed to
practice medicine or otherwise lawfully practicing medicine in this state shall
report relevant information to the advisory board related to the acts of any
respiratory care practitioner in this state if, in the opinion of the medical
peer review committee, respiratory care practitioner, respiratory care
practitioner student, or a physician, a respiratory care practitioner poses a
continuing threat to the public welfare through his practice as a respiratory
care practitioner. The duty to report under this section shall not be nullified
through contract.
(b) 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 advisory 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 the care of
individual patients; and
(2) the
specific limitations imposed upon the respiratory care practitioner's clinical
privileges, upon membership in the professional society or association, and the
duration of such limitations.
(c) Reporting a Respiratory Care
Practitioner's Continuing Threat to the Public.
(1) Relevant information shall be reported to
the advisory board indicating that a respiratory care practitioner's practice
poses a continuing threat to the public welfare and 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 a respiratory care practitioner's practice constitutes a continuing
threat to the public welfare shall be made to the advisory board as soon as
possible after the peer review committee or the physician involved reaches that
conclusion and is able to assemble the relevant information.
(d) Reporting Professional
Liability Claims.
(1) Reporting
responsibilities. The reporting form must be completed and forwarded to the
advisory board for each defendant respiratory care practitioner 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 a respiratory care practitioner. If a non-admitted insurance
carrier does not report or if the respiratory care practitioner has no
insurance carrier, reporting shall be the responsibility of the respiratory
care practitioner.
(2) Separate
reports required and identifying information. One separate report shall be
filed for each defendant respiratory care practitioner 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) Time frames 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 advisory board's form for data required in Part
II, there must be enough identification data available to staff to match the
closure report to the original file. The data required to accomplish this
include:
(i) name and certificate number of
defendant respiratory care practitioner(s); and
(ii) name of plaintiff.
(B) A court order or a copy of the 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) Definition. For the purposes of this
subsection a professional liability claim or complaint shall be defined as a
cause of action against a respiratory care practitioner 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.
(6) Reporting Form. The reporting form shall
be as follows:
Attached
Graphic
(7)
Professional Liability Suits and Claims. Following receipt of a notice of claim
letter or a complaint filed in court against a certificate holder that is
reported to the advisory board, the certificate holder shall furnish to the
advisory board the following information within 14 days of the date of receipt
of the advisory board's request for said information:
(A) a completed questionnaire to provide
summary information concerning the suit or claim;
(B) a completed questionnaire to provide
information deemed necessary in assessing the certificate holder's competency;
(C) information on the status of
any suit or claim previously reported to either the advisory board or the
Medical Board.
(e) Immunity and Reporting Requirements. A
person, health care entity, medical peer review committee, or other entity that
without malice furnishes records, information, or assistance to the advisory
board is immune from any civil liability arising from such act.
