2011 Wyoming Statutes
TITLE 35 - PUBLIC HEALTH AND SAFETY
CHAPTER 2 - HOSPITALS, HEALTH CARE FACILITIES AND HEALTH SERVICES
35-2-912. Mandatory reporting of safety events.

(a) For purposes of this section, "safety event" means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including those events identified by rule and regulation of the department using a standard taxonomy generally accepted in the health care industry as indicated by endorsement of the national quality forum or similar health care quality control organization.

(i) Repealed by Laws 2008, Ch. 5, 2.

(ii) Repealed By Laws 2008, Ch. 5, 2.

(iii) Repealed By Laws 2008, Ch. 5, 2.

(iv) Repealed By Laws 2008, Ch. 5, 2.

(v) Repealed By Laws 2008, Ch. 5, 2.

(vi) Repealed By Laws 2008, Ch. 5, 2.

(b) Each licensed health care facility located within this state shall designate a patient safety officer and shall provide the department with the officer's name and contact information. The department shall compile information received from a licensed health care facility under this section within any of its divisions at its discretion, except it shall not compile the information within, nor provide the information to, the office of health care licensing and survey or its successor within the department. Through the patient safety officer, each facility shall report to the department the occurrence of any safety event occurring after June 30, 2005 and described in subsection (a) of this section in the following manner:

(i) A person who is employed by a health care facility shall, within twenty-four (24) hours after becoming aware of a safety event at the health care facility, notify the patient safety officer of the facility of the safety event. The patient safety officer shall, within fifteen (15) days after receiving notification, report the safety event;

(ii) If the patient safety officer of a health care facility personally discovers or becomes aware, in the absence of notification by another employee, of a safety event at the health care facility, the patient safety officer shall, within fifteen (15) days after discovering or becoming aware of the safety event, report the safety event.

(c) Safety event reports shall be filed in a format specified by the department and shall identify the facility but shall not include any identifying information for any of the health care professionals, facility employees or patients involved. The department may consult with experts and organizations familiar with patient safety when developing the format for reporting and in further defining events in order to be consistent with industry standards. The department may design the reporting system so that a facility may file by electronic means the reports required under this section. The department shall encourage a facility to use the electronic filing option when that option is feasible for the facility.

(d) In fulfilling the reporting requirements specified under this section, the department shall use, when practical, information already being generated by the health care facility as a result of the reporting requirements of other health care programs.

(e) Any notice, report, document and any other information compiled or disseminated pursuant to the provisions of this section is confidential, is not discoverable or admissible in evidence in any administrative or legal proceeding conducted in this state and is not a public record. No contractor, employee or other member of the department who receives any notice, report, document or any other information compiled or disseminated pursuant to the provisions of this section shall be permitted or required to testify in any civil action as to any evidence or any other matters presented to the department or as to any findings, recommendations, evaluations, opinions or other actions of the department or any contractors, employees or other members thereof. However, information, documents or other records otherwise available from original sources are not to be construed as immune from discovery or use in any civil action merely because they were submitted to the department, nor shall any person who provides information to the department under this section be prevented from testifying as to matters within his knowledge, but that person shall not be asked about his testimony or communications with the department.

(f) The department shall collect and maintain reports received pursuant to this section and shall have the authority to adopt rules and regulations to implement reporting procedures and standards required by this section. On or before December 31 of each year beginning in 2006, the department shall prepare and publish a report and analysis of all reported safety events for the previous year, including a trend analysis and recommendations for systemic improvements that are likely to enhance patient safety and health care. The department may convene a panel of health care experts to review the data and compile the report. The report shall be made available to the public and copies forwarded to the governor, the health care commission and the joint labor, health and social services interim committee. In its annual report and any other public document, the department shall ensure that all referenced information is aggregated so as not to reveal the identity of any specific person or health care facility.

(g) Any act authorized or required by this section shall be subject to the confidentiality, immunity and whistle blowing provisions of W.S. 35-2-910(a) and (b).

(h) Nothing in this section shall be construed to limit or reduce any other reporting requirements for health care facilities under any state or federal law, or limit or reduce the department's authority over health care facilities under any state or federal law.

(j) The state of Wyoming elects to be covered as of April 1, 2005, by the immunity granted by the Health Care Quality Improvement Act of 1986, P.L. 99-660, Title IV adopted by Congress in 1986, to the extent authorized, for the department with respect to its duties and responsibilities under this section.

(k) This section is repealed effective June 30, 2010.