§ 33-26-409 — Health care entity reports required; malpractice

(a) Each health care entity shall report:
(i) Any action it takes against a licensee on the
grounds that the licensee is impaired, or has engaged in conduct
constituting a ground for disciplinary action in W.S. 33-26-402;
(ii) Any action that:
(A) Adversely affects the clinical privileges of
a licensee for a period exceeding thirty (30) days;
(B) Accepts the surrender of a physician's
clinical privilege:
(I) While the licensee is under
investigation by the entity for possible incompetence or
improper professional conduct; or
(II) In return for not conducting an
investigation as specified in this subparagraph; or
(C) In the case of an entity which is a
professional society, takes a professional review action which
adversely affects the membership of a licensee in the society.
(b) Each licensee shall report to the board any personal
injury or wrongful death claim made because of any alleged act,
error or omission of the licensee. Failure to report the claim
shall be grounds for disciplinary action by the board. As used
in this subsection, "claim" means a properly filed complaint
with the district court which names the licensee as defendant or
a third party defendant and alleges that damages sustained by
the plaintiff are due to an alleged act, error or omission of
the licensee while engaged in the practice of medicine.
(c) Each insurer providing health care professional
liability insurance in this state shall report to the board all
claims for which a reserve has been established against a
licensee. Reports required by this subsection shall be made
within sixty (60) days of the time the claim comes to the
attention of the insurer.
(d) Other reports required by this section shall be made
within ninety (90) days of the time the claim comes to the
attention of the person responsible for reporting. Reports shall
be in the form and contain information required by the board.
Any entity or person subject to the reporting requirements of
this section shall be subject to a fine up to one hundred
dollars ($100.00) for each violation of this section. Each day
that a requirement of this section is not met shall constitute a
separate violation. In the event that the board is required to
bring a civil action to enforce this section, the violating
party shall additionally be liable to the board for all
reasonable attorney’s fees and costs incurred by the board in
prosecuting the action.