2006 Nebraska Revised Statutes - § 71-168.02 — Health care facility, peer review organization, or professional association; violations; duty to report; confidentiality; immunity.

Section 71-168.02
Health care facility, peer review organization, or professional association; violations; duty to report; confidentiality; immunity.

(1) A health care facility licensed under the Health Care Facility Licensure Act or a peer review organization or professional association of a health care profession regulated under the Advanced Practice Registered Nurse Licensure Act, the Certified Registered Nurse Anesthetist Act, the Clinical Nurse Specialist Practice Act, the Emergency Medical Services Act, the Licensed Practical Nurse-Certified Act, the Nebraska Certified Nurse Midwifery Practice Act, the Nebraska Cosmetology Act, the Nurse Practice Act, the Nurse Practitioner Act, the Occupational Therapy Practice Act, the Uniform Controlled Substances Act, the Uniform Licensing Law, the Wholesale Drug Distributor Licensing Act, or sections 71-3702 to 71-3715, 71-4701 to 71-4719, or 71-6053 to 71-6068 shall report to the department, on a form and in the manner specified by the department by rule and regulation, any facts known to them, including, but not limited to, the identity of the practitioner and patient, when the facility, organization, or association:

(a) Has made payment due to adverse judgment, settlement, or award of a professional liability claim against it or a licensee, certificate holder, or registrant, including settlements made prior to suit, arising out of the acts or omissions of the licensee, certificate holder, or registrant; or

(b) Takes action adversely affecting the privileges or membership of a licensee, certificate holder, or registrant in such facility, organization, or association due to alleged incompetence, professional negligence, unprofessional conduct, or physical, mental, or chemical impairment.

The report shall be made within thirty days after the date of the action or event.

(2) A report made to the department under this section shall be confidential and treated in the same manner as complaints and investigative files under subsection (7) of section 71-168.01. The facility, organization, association, or person making such report shall be completely immune from criminal or civil liability of any nature, whether direct or derivative, for filing a report or for disclosure of documents, records, or other information to the department under this section. The reports and information shall be subject to the investigatory and enforcement provisions of the regulatory provisions listed in subsection (1) of this section. Nothing in this subsection shall be construed to require production of records protected by section 25-12,123, 71-2048, or 71-7903 or patient safety work product under the Patient Safety Improvement Act except as otherwise provided in any of such sections or such act.

(3) For purposes of this section, the department shall accept reports made to it under the Nebraska Hospital-Medical Liability Act or in accordance with national practitioner data bank requirements of the federal Health Care Quality Improvement Act of 1986, as amended, and may require a supplemental report to the extent such reports do not contain the information required by rules and regulations of the department.

Source:

Laws 1994, LB 1223, § 12

Laws 1995, LB 563, § 3

Laws 1996, LB 414, § 2

Laws 1997, LB 138, § 43

Laws 1997, LB 222, § 5

Laws 2000, LB 819, § 84

Laws 2000, LB 1115, § 13

Laws 2005, LB 256, § 22

Laws 2005, LB 361, § 33

Cross References:

Advanced Practice Registered Nurse Licensure Act,see section 71-17,131.

Certified Registered Nurse Anesthetist Act,see section 71-1728.

Clinical Nurse Specialist Practice Act,see section 71-17,117.

Emergency Medical Services Act,see section 71-5172.

Health Care Facility Licensure Act,see section 71-401.

Licensed Practical Nurse-Certified Act,see section 71-1772.

Nebraska Certified Nurse Midwifery Practice Act,see section 71-1738.

Nebraska Cosmetology Act,see section 71-340.

Nebraska Hospital-Medical Liability Act,see section 44-2855.

Nurse Practice Act,see section 71-1,132.01.

Nurse Practitioner Act,see section 71-1704.

Occupational Therapy Practice Act,see section 71-6101.

Patient Safety Improvement Act,see section 71-8701.

Uniform Controlled Substances Act,see section 28-401.01.

Wholesale Drug Distributor Licensing Act,see section 71-7401.

~Revised Statutes Supplement, 2006