Or. Admin. R. 325-035-0005

Current through Register Vol. 63, No. 6, June 1, 2024

Section 325-035-0005 - Filing a Notice of Adverse Health Care Incident

When an adverse health care incident occurs in a health care facility, a location operated by a health care facility, or outside a health care facility and the incident involves a health care provider, the health care facility, health care provider or employer of the health care provider, or a patient, may file a notice with the Commission in accordance with this rule. The filing of a notice enables the parties to engage in Early Discussion and Resolution.

(1) A notice may be filed with the Commission electronically, by telephone, or by submitting a written form prescribed by the Commission that contains the information described in sections (3) or (5) of this rule.

(2) A notice should not be filed with the Commission if:

(a) The incident does not meet the definition of an adverse health care incident;

(b) The adverse health care incident occurred before July 1, 2014;

(c) The adverse health care incident occurred outside of Oregon;

(d) The adverse health care incident did not involve at least one health care facility, location operated by a health care facility, or health care provider; or

(e) The filer is an inmate as defined in ORS 30.642.

(3) A notice filed by a health care facility, a health care provider, or an employer of a health care provider must include, but is not limited to:

(a) Incident date (this may be an approximation);

(b) Incident location; and

(c) Incident description.

(4) A notice filed by a health care facility or an employer of a health care provider shall not include the name of a health care provider.

(5) A notice filed by a patient must include, but is not limited to:

(a) Patient name;

(b) Patient date of birth;

(c) Incident date (this may be an approximation);

(d) Incident description;

(e) Incident location; and

(f) Adequate contact information for any health care facility or health care provider involved in the incident so the Commission may notify the facility or provider that a notice has been filed.

Or. Admin. R. 325-035-0005

PSC 2-2014, f. 6-12-14, cert. ef. 7-1-14

Stat. Auth.: Oregon Law 2013, Ch. 5, Secs. 2, 9

Stats. Implemented: Oregon Law 2013, Ch. 5, Secs. 2, 9