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RULE §188.19Third Party Reports to the Board

(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.

Source Note: The provisions of this §188.19 adopted to be effective July 7, 2016, 41 TexReg 4828

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