ORS 31.278
Use of information relating to notice of adverse health care incident
(1)
The Oregon Patient Safety Commission may disseminate information relating to a notice of adverse health care incident filed under ORS 31.262 (Notice of adverse health care incident) to the public and to health care providers and health care facilities not involved in the adverse health care incident as necessary to meet the goals described in ORS 31.276 (Duties of Oregon Patient Safety Commission). Information disclosed under this subsection may not identify a health care facility, health care provider or patient involved in the adverse health care incident.(2)
The commission may not disclose any information provided pursuant to a discussion under ORS 31.264 (Discussion of adverse health care incident) to a regulatory agency or licensing board.(3)
The commission may use and disclose information provided pursuant to a discussion under ORS 31.264 (Discussion of adverse health care incident) as necessary to assist a health care facility or health care provider involved in an adverse health care incident in determining the cause of and potential mitigation of the incident. If the commission discloses information under this subsection to a person not involved in the incident, the information may not identify a health care facility, health care provider or patient involved in the incident.(4)
A regulatory agency, licensing board, health care facility, health insurer or credentialing entity may not ask the commission, a health care facility, a health care provider or other person whether a facility or provider has filed a notice of adverse health care incident or use the fact that a notice of adverse health care incident was filed as the basis of disciplinary, regulatory, licensure or credentialing action. This subsection does not prevent a person from using information, if the information is otherwise available, to engage in quality review of patient care or as the basis of imposing a restriction, limitation, loss or denial of privileges on a health care provider or other action against a health care provider based on a finding of medical incompetence, unprofessional conduct, physical incapacity or impairment. [2013 c.5 §10]
Source:
Section 31.278 — Use of information relating to notice of adverse health care incident, https://www.oregonlegislature.gov/bills_laws/ors/ors031.html.
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