| (a) Any individual regulated by the Act shall report
relevant information to the board related to the acts of any certificate,
registration, or permit holder issued under the Act and practicing
in this state if, in the opinion of the person that the certificate,
registration, or permit holder poses a continuing threat to the public
welfare through his or her practice in radiologic technology. The
duty to report under this section shall not be nullified through contract.
(b) Reporting a Continuing Threat to the Public.
(1) Relevant information shall be reported to the board
indicating that an individual who is regulated by the Act 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 an individuals practice of radiologic
technology constitutes a continuing threat to the public welfare shall
be made to the board as soon as possible after the individual involved
reaches that conclusion and is able to assemble the relevant information.
(c) Reporting Professional Liability Claims.
(1) Reporting responsibilities. The reporting form
must be completed and forwarded to the board for each defendant who
is regulated by the Act and 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 the individual. If a nonadmitted insurance carrier does not report
or if the individual has no insurance carrier, reporting shall be
the responsibility of the regulated individual.
(2) Separate reports required and identifying information.
One separate report shall be filed for each defendant 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 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, registration, or permit number
of defendant(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) 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 person subject to the Act 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 individual
subject to the Act invented a device which may have injured a patient
but the individual has had no personal interaction with the specific
patient claiming injury by the device);
(B) antitrust allegations;
(C) allegations involving improper peer review activities;
(D) civil rights violations; or
(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 individual subject to the Act that is reported to the board,
the individual 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 individual's competency;
(C) information on the status of any suit or claim
previously reported to either the board or the medical board.
(d) 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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