2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 031 - Tort Actions
Section 31.262 - Notice of adverse health care incident.
(1)(a) When an adverse health care incident occurs in a health care facility or a location operated by a health care facility, the health care facility may file a notice of adverse health care incident with the Oregon Patient Safety Commission in the form and manner provided by the commission by rule.
(b) If a health care facility files a notice of adverse health care incident under this subsection, the health care facility shall provide a copy of the notice to the patient.
(c) A notice filed under this subsection may not include the name of a health care provider, but the health care facility filing the notice shall notify any health care providers involved in the adverse health care incident of the notice.
(2)(a) When an adverse health care incident occurs outside of a health care facility or a location operated by a health care facility, the health care provider treating the patient or the employer of the health care provider may file a notice of adverse health care incident with the commission in the form and manner provided by the commission by rule.
(b) If a health care provider or employer files a notice of adverse health care incident under this subsection, the health care provider or employer shall provide a copy of the notice to the patient.
(c) If an employer files the notice under this subsection, the notice may not include the name of the health care provider, but the employer shall notify each health care provider involved in the adverse health care incident of the notice.
(3) A patient may file a notice of adverse health care incident with the commission in the form and manner provided by the commission by rule. When the commission receives a notice of adverse health care incident from a patient under this subsection, the commission shall notify all health care facilities and health care providers named in the notice within seven days after receiving the notice.
(4) A notice of adverse health care incident filed under this section is not:
(a) A written claim or demand for payment.
(b) A claim for purposes of ORS 742.400.
(5) The filing of a notice of adverse health care incident as provided in this section satisfies the notice requirements of ORS 30.275.
(6) An adult in custody as defined in ORS 30.642 may not file a notice of adverse health care incident under this section. [2013 c.5 §2; 2019 c.213 §116]
