(2) The commission may not disclose any information provided pursuant to a discussion under ORS 31.264 to a regulatory agency or licensing board.
(3) The commission may use and disclose information provided pursuant to a discussion under ORS 31.264 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]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 31.150 - Special motion to strike; when available; burden of proof.
Section 31.152 - Time for filing special motion to strike; discovery; attorney fees.
Section 31.155 - Exempt actions; substantive law not affected.
Section 31.200 - Liability of radio or television station personnel for defamation.
Section 31.210 - When general damages allowed.
Section 31.215 - Publication of correction or retraction upon demand.
Section 31.230 - Wrongful use of civil proceeding; pleading; procedure.
Section 31.260 - Definitions for ORS 31.260 to 31.278.
Section 31.262 - Notice of adverse health care incident.
Section 31.266 - Discussion communications; admissibility; disclosure.
Section 31.270 - Payment and resolution.
Section 31.272 - Statute of limitations; evidence of offers and payments.
Section 31.274 - Patient representatives.
Section 31.276 - Duties of Oregon Patient Safety Commission; rules.
Section 31.278 - Use of information relating to notice of adverse health care incident.
Section 31.280 - Task Force on Resolution of Adverse Health Care Incidents; rules.
Section 31.300 - Pleading requirements for actions against design professionals.
Section 31.350 - Pleading requirements for actions against real estate licensees.
Section 31.555 - Effect of advance payment; payment as satisfaction of judgment.
Section 31.580 - Effect of collateral benefits.
Section 31.605 - Special questions to trier of fact; jury not to be informed of settlement.
Section 31.620 - Doctrines of last clear chance and implied assumption of risk abolished.
Section 31.710 - Limitation on award for noneconomic damages in claim for wrongful death.
Section 31.740 - When award of punitive damages against health practitioner prohibited.
Section 31.760 - Evidence of nonuse of safety belt or harness to mitigate damages.
Section 31.805 - Basis for proportional shares of tortfeasors.