§ 128 - Unprofessional conduct to be reported to board
§ 128. Unprofessional conduct to be reported to board TITLE 3ExecutivePART IGenerallyCHAPTER 5. SECRETARY OF STATESubchapter III. Professional Regulation
§ 128. Unprofessional conduct to be reported to board
(a) Any hospital, clinic, community mental health center or other health care institution in which a licensee performs professional services shall report to the appropriate board, along with supporting information and evidence, any disciplinary action taken by it or its staff, after an initial investigation or hearing in which the licensee has been afforded the opportunity to participate, which limits or conditions the licensee's privilege to practice or leads to suspension or expulsion from the institution. The report shall be made within ten days of the date such disciplinary action was taken, regardless of whether the action is the subject of a pending appeal, and in the case of a licensee who is employed by, or under contract with, a community mental health center, a copy of the report shall also be sent to the commissioner of mental health and mental retardation. This section shall not apply to cases of resignation, separation from service, or changes in privileges which are unrelated to:
(1) a disciplinary or adverse action;
(2) an adverse action report to the National Practitioner Data Bank;
(3) an unexpected adverse outcome in the care or treatment of a patient;
(4) misconduct or allegations of misconduct;
(5) the initiation or process of an action to limit, condition, or suspend a licensee's privilege to practice in an institution;
(6) an action to expel the licensee from an institution; or
(7) any other action which could lead to an outcome described in subdivisions (1) through (6) of this subsection.
(b) Within 30 days of any judgment or settlements involving a claim of professional negligence by a licensee, any insurer of the licensee shall report such information to the appropriate board, regardless of whether the action is the subject of a pending appeal.
(c) Information provided to a board under this section shall be confidential unless the board decides to treat the report as a complaint in which case the provisions of section 131 of this title shall apply.
(d) A person who acts in good faith in accord with the provisions of this section shall not be liable for damages in any civil action.
(e) A person who violates this section shall be subject to a civil penalty of not more than $1,000.00. (Added 1989, No. 250 (Adj. Sess.), § 1; 1995, No. 126 (Adj. Sess.), § 1; amended 2001, No. 129 (Adj. Sess.), § 1, eff. June 13, 2002.)