| (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.
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