Oregon Statutes 742.400 – Duty to report claim of professional negligence to licensing board; contents of report; public disclosure and posting of reports
(1) As used in this section:
Terms Used In Oregon Statutes 742.400
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(a) ‘Claim’ means a written demand for payment from or on behalf of a covered practitioner for an injury alleged to have been caused by professional negligence that is made in a complaint filed with a court of appropriate jurisdiction.
(b) ‘Covered practitioner’ means a chiropractic physician, physician or physician assistant licensed under ORS Chapter 677, nurse practitioner, optometrist, dentist, dental hygienist or naturopath.
(c) ‘Disposition of a claim’ means:
(A) A judgment or award against the covered practitioner by a court, a jury or an arbitrator;
(B) A withdrawal or dismissal of the claim; or
(C) A settlement of the claim.
(d) ‘Reporter’ means:
(A) A primary insurer;
(B) A public body required to defend, save harmless and indemnify an officer, employee or agent of the public body under ORS § 30.260 to 30.300;
(C) An entity that self-insures or indemnifies for claims alleging professional negligence on the part of a covered practitioner; or
(D) A health maintenance organization as defined in ORS § 750.005.
(2) Within 30 days after receiving notice of a claim, a reporter shall report the claim to the appropriate board, as follows:
(a) The Oregon Medical Board if the covered practitioner is a physician or physician assistant licensed under ORS Chapter 677;
(b) The Oregon State Board of Nursing if the covered practitioner is a nurse practitioner;
(c) The Oregon Board of Optometry if the covered practitioner is an optometrist;
(d) The Oregon Board of Dentistry if the covered practitioner is a dentist or dental hygienist;
(e) The Oregon Board of Naturopathic Medicine if the covered practitioner is a naturopath; or
(f) The State Board of Chiropractic Examiners if the covered practitioner is a chiropractic physician.
(3) The report required under subsection (2) of this section shall include:
(a) The name of the covered practitioner;
(b) The name of the person that filed the claim;
(c) The date on which the claim was filed; and
(d) The reason or reasons for the claim, except that the report may not disclose any data that is privileged under ORS § 41.675.
(4) Within 30 days after the date of an action taken in disposition of a claim, a reporter shall notify the appropriate board identified in subsection (2) of this section of the disposition.
(5)(a) A board that receives a report of a claim under this section shall publicly post the report on the board’s website if the claim results in a judicial finding or admission of liability or a money judgment, award or settlement that involves a payment to the claimant. The board may not publicly post information about claims that did not result in a judicial finding or admission of liability or a money judgment, award or settlement that involves a payment to the claimant but shall make the information available to the public upon request.
(b) If a board discloses information about a claim that is the subject of a report received under this section, the board shall indicate in the disclosure whether the claim resulted in a judicial finding or an admission of liability or a money judgment, an award or a settlement that involves a payment to the claimant. A board may not publicly disclose or publish any allegations or factual assertions included in the claim unless the complaint resulted in a judicial finding or an admission of liability or a money judgment, an award or a settlement that involves a payment to the claimant.
(c) For purposes of this subsection, ‘judicial finding’ means a finding of liability by a court, a jury or an arbitrator.
(6) A board that receives a report under this section shall provide copies of the report to each health care facility licensed under ORS § 441.015 to 441.119, 441.525 to 441.595, 441.815, 441.820, 441.990, 441.993, 442.342, 442.344 and 442.400 to 442.463 that employs or grants staff privileges to the covered practitioner.
(7) A person that reports in good faith concerning any matter required to be reported under this section is immune from civil liability by reason of making the report. [Formerly 743.780 and then 743.770; 1991 c.401 § 7; 1997 c.131 § 3; 2007 c.803 § 1; 2009 c.43 § 36; 2009 c.131 § 1; 2009 c.581 § 1; 2013 c.129 § 38]