§ 1317. 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 Board, along with supporting information and evidence, any disciplinary action taken by it or its staff that significantly limits the licensee's privilege to practice or leads to suspension or expulsion from the institution, a nonrenewal of medical staff membership, or the restrictions of privileges at a hospital taken in lieu of, or in settlement of, a pending disciplinary case related to unprofessional conduct as defined in sections 1354 and 1398 of this title. The Commissioner of Health shall forward any such information or evidence he or she receives immediately to the Board. The report shall be made within 10 days of the date such disciplinary action was taken, and, in the case of disciplinary action taken against a licensee based on the provision of mental health services, a copy of the report shall also be sent to the Commissioner of Mental Health and the Commissioner of Disabilities, Aging, and Independent Living. This section shall not apply to cases of resignation or separation from service for reasons unrelated to disciplinary action.
(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 the information to the Commissioner of Health and, to the extent the claim relates to the provision of mental health services, to the Commissioner of Mental Health.
(c) Except as provided in section 1368 of this title, information provided to the Department of Health, the Department of Mental Health, or the Department of Disabilities, Aging, and Independent Living under this section shall be confidential unless the Department of Health decides to treat the report as a complaint, in which case, the provisions of section 1318 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 $10,000.00. (Added 2001, No. 132 (Adj. Sess.), § 3, eff. June 13, 2002; amended 2007, No. 15, § 20; 2007, No. 172 (Adj. Sess.), § 7a; 2011, No. 61, § 2, eff. June 2, 2011; 2015, No. 23, § 13.)
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