| (a) Any medical peer review committee in this state,
any perfusionist licensed to practice in this state shall report relevant
information to the board related to the acts of any perfusionist in
this state if, in the opinion of the medical peer review committee,
the perfusionist poses a continuing threat to the public welfare through
his practice as a perfusionist. 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 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 perfusionist's
clinical privileges, upon membership in the professional society or
association, and the duration of such limitations.
(c) Reporting a Perfusionist's Continuing Threat to
the Public.
(1) Relevant information shall be reported to the board
indicating that a perfusionist'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 perfusionist's practice constitutes
a continuing threat to the public welfare shall be made to the board
as soon as possible after the peer review committee 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 board for each defendant perfusionist
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 perfusionist. If
a non-admitted insurance carrier does not report or if the perfusionist
has no insurance carrier, reporting shall be the responsibility of
the perfusionist.
(2) In addition, as part of the registration process,
each licensee shall report:
(A) the name and address of any entity that provides
the licensee coverage for health care liability claims;
(B) any health care liability lawsuits that have been
filed since the last registration, including the date that the licensee
was served with the lawsuit, the cause number, court, and county of
suit; and
(C) any settlements of health care liability claims
or lawsuits that have been made since the last registration, including
the date of the settlement, the amount paid by or on behalf of the
licensee, and, if a lawsuit had been filed on the claim, the cause
number, court, and county of suit.
(3) Separate reports required and identifying information.
One separate report shall be filed for each defendant perfusionist
insured. When Part II is filed, it shall be accompanied by the completed
Part I or other identifying information as described in paragraph
(4) of this subsection.
(4) 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 and expert report
must be attached. If the expert report is not filed with the Court
at the time the lawsuit is filed, the expert report shall be filed
with the board, together with an updated Part I of the form, not later
than the 30th day after receipt of the expert report. Part II of the
form, reporting the settlement of a health care liability claim, shall
be filed not later than the 30th day after the date of settlement
of a health care liability claim, whether or not a lawsuit has been
filed.
(5) Penalty. Failure by a licensed insurer to report
under this section shall be referred to the Texas Department of Insurance.
(6) Definition. For the purposes of this subsection
a professional liability claim or complaint shall be defined as a
cause of action against a perfusionist 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 a perfusionist
invented a device which may have injured a patient, but the perfusionist
has had no 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 perfusionist's property, but not involving a breach of duty
to the patient (i.e. slip and fall accidents).
(8) Voluntary Reporting. Claims that are not required
to be reported under this chapter may, however, be voluntarily reported.
(9) Reporting Form. The reporting form shall be as
follows:
Attached Graphic
(10) 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 board, the licensee shall
furnish to the board the following information within 14 days of the
date of receipt of the 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 licensee's competency;
(C) information on the status of any suit or claim
previously reported to the 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 board is immune from any civil liability arising from such
act.
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