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.
