Ohio Admin. Code 4731-15-02 - Healthcare facility reporting requirement
(A)
The chief
administrator or executive officer of any healthcare facility as defined in
section 3702.51 of the Revised Code,
including a hospital, healthcare facility operated by a health insuring
corporation, ambulatory surgical facility, or similar facility, shall report to
the board any formal disciplinary action against any individual licensed by the
board within sixty days after its completion.
(B)
"Formal
disciplinary action" means any procedure resulting in the revocation,
restriction, reduction, or termination of clinical privileges for violations of
professional ethics, or for reasons of medical incompetence, medical
malpractice, misconduct, or impairment. Clinical privileges mean the
authorization by the healthcare facility to a person licensed by the board for
the provision of health care services.
(C)
Formal
disciplinary actions shall include:
(1)
Summary actions, actions that take effect
notwithstanding any appeal rights that may exist and actions that result in an
individual surrendering clinical privileges while under investigation during
proceedings regarding the action being taken or in return for not being
investigated or having proceedings held, resulting in revocation, restriction,
reduction, or termination of privileges for the violations or reasons set forth
in paragraph (B) of this rule; and
(2)
Actions resulting
in refusal or denial of clinical privileges for the violations or reasons set
forth in paragraph (B) of this rule;
(D)
Formal
disciplinary actions shall not include any action taken for the sole reason of
failure to maintain records on a timely basis, failure to pay dues, or failure
to attend staff, department, or section meetings.
(E)
Formal
disciplinary actions need not be reported if:
(1)
The practitioner
has been referred to the monitoring organization that conducts the confidential
monitoring program for examination by an approved treatment
program;
(2)
The practitioner cooperates with the requirements of
the confidential monitoring program; and
(3)
There is no
reason to believe that the practitioner has violated any laws or rules of the
board.
(F)
Each report shall include:
(1)
The name and
address of the facility reporting;
(2)
The
practitioner's name and license number;
(3)
The action taken
by the facility;
(4)
The date of the action taken by the
facility;
(5)
The effective date of the action taken by the facility;
and
(6)
A summary of the underlying facts leading to the
action.
(G)
A facility's timely filing with the board of a copy of
the national practitioner data bank adverse action report shall satisfy the
reporting requirement of this rule when, upon contact by the board, the
reporting facility verifies that the filing of the report has been approved by
the peer review committee which reviewed the case or by the governing board of
the facility.
(H)
Any request for patient records by the board as
provided under division (A) of section
4730.32 of the Revised Code,
division (A) of section
4731.224 of the Revised Code,
division (A) of section
4760.16 of the Revised Code,
division (A) of section
4762.16 of the Revised Code, or
division (A) of section
4774.16 of the Revised Code
shall be directed to the chief administrator or executive officer of the
facility. Failure to provide the board with the requested certified copies of
patient records within thirty days of receipt of that request shall constitute
a failure to comply with the applicable reporting requirements unless the board
has granted a prior extension in writing.
Replaces: 4731-15-02
Notes
Promulgated Under: 119.03
Statutory Authority: 4730.07, 4731.05, 4759.05, 4760.19, 4761.03, 4762.19, 4774.11, 4778.12
Rule Amplifies: 4730.25, 4730.32, 4731.22, 4731.224, 4731.25, 4731.251, 4759.07, 4759.13, 4760.13, 4760.16, 4761.09, 4761.19, 4762.13, 4762.16, 4774.13, 4774.16, 4778.14, 4778.17
Prior Effective Dates: 09/01/2001, 02/28/2004, 03/31/2010
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