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RULE §186.23Third Party Reports to the Advisory Board

(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.

Source Note: The provisions of this §186.23 adopted to be effective April 3, 2017, 42 TexReg 1758

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