65-4923. Reporting requirements.
65-4923
65-4923. Reporting requirements.(a) If a health care provider, or a medical care facility agent or employeewho is directly involved in the delivery of health care services, hasknowledge that a health care provider has committed a reportable incident,such health care provider, agent or employee shall report such knowledge as follows:
(1) If the reportable incident did not occur in a medical care facility,the report shall be made to the appropriate state or county professionalsociety or organization, which shall refer the matter to a professionalpractices review committee duly constituted pursuant to the society's ororganization's bylaws. The committee shall investigate all such reports andtake appropriate action. The committee shall have the duty to report to theappropriate state licensing agency any finding by the committee that ahealth care provider acted below the applicable standard of care whichaction had a reasonable probability of causing injury to a patient, or in amanner which may be grounds for disciplinary action by the appropriatelicensing agency, so that the agency may take appropriate disciplinary measures.
(2) If the reportable incident occurred within a medical care facility,the report shall be made to the chief of the medical staff, chiefadministrative officer or risk manager of the facility. The chief of themedical staff, chief administrative officer or risk manager shall refer thereport to the appropriate executive committee or professional practicespeer review committee which is duly constituted pursuant to the bylaws ofthe facility. The committee shall investigate all such reports and takeappropriate action, including recommendation of a restriction of privilegesat the appropriate medical care facility. In making its investigation, thecommittee may also consider treatment rendered by the health careprovider outside the facility. The committee shall have the duty to reportto the appropriate state licensing agency any finding by the committee thata health care provider acted below the applicable standard of care whichaction had a reasonable probability of causing injury to a patient, or in amanner which may be grounds for disciplinary action by the appropriatelicensing agency, so that the agency may take appropriate disciplinary measures.
(3) If the health care provider involved in the reportable incident is amedical care facility, the report shall be made to the chief of the medicalstaff, chief administrative officer or risk manager of the facility. Thechief of the medical staff, chief administrative officer or risk managershall refer the report to the appropriate executive committee which is dulyconstituted pursuant to the bylaws of the facility. The executive committeeshall investigate all such reports and take appropriate action. Thecommittee shall have the duty to report to the department of health andenvironment any finding that the facility acted in a manner which is belowthe applicable standard of care and which has a reasonable probability ofcausing injury to a patient, so that appropriate disciplinary measures may be taken.
(4) As used in this subsection (a), "knowledge" means familiaritybecause of direct involvement or observation of the incident.
(5) This subsection (a) shall not be construed to modify or negate thephysician-patient privilege, the psychologist-client privilege or thesocial worker-client privilege as codified by Kansas statutes.
(b) If a reportable incident is reported to a state agency which licenseshealth care providers, the agency may investigate the report or may referthe report to a review or executive committee to which the report couldhave been made under subsection (a) for investigation by such committee.
(c) When a report is made under this section, the person making thereport shall not be required to report the reportable incident pursuant toK.S.A. 65-28,122 or 65-4216, and amendments to such sections. When a reportmade under this section is investigated pursuant to the procedure set forthunder this section, the person or entity to which the report is made shallnot be required to report the reportable incident pursuant to K.S.A.65-28,121, 65-28,122 or 65-4216, and amendments to such sections.
(d) Each review and executive committee referred to in subsection (a)shall submit to the secretary of health and environment, on a formpromulgated by such agency, at least once every three months, a reportsummarizing the reports received pursuant to subsections (a)(2) and (a)(3)of this section. The report shall include the number of reportableincidents reported, whether an investigation was conducted and any action taken.
(e) If a state agency that licenses health care providers determinesthat a review or executive committee referred to in subsection (a) is notfulfilling its duties under this section, the agency, upon notice and anopportunity to be heard, may require all reports pursuant to this sectionto be made directly to the agency.
(f) The provisions of this section shall not apply to a health careprovider acting solely as a consultant or providing review at the requestof any person or party.
History: L. 1986, ch. 229, § 4; L. 1987, ch. 176, § 10; L. 1988, ch.236, § 3; July 1.