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. (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.