OAR 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 (Definitions for ORS 30.642 to 30.650).

(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.

Source: Rule 325-035-0005 — Filing a Notice of Adverse Health Care Incident, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=325-035-0005.

Last Updated

Jun. 8, 2021

Rule 325-035-0005’s source at or​.us