(a) The reporting form set out in §176.9 of this chapter must be completed and forwarded to the Texas Medical Board for each defendant licensee against whom a health care liability complaint has been filed or a settlement has been made.
  (1) An insurer shall report this information, as required by TEX. OCC. CODE §160.052(a).
  (2) A licensee is ultimately responsible for assuring that this information is reported to the board, as required by TEX. OCC. CODE §160.052(b). The licensee shall report the required information if:
    (A) the licensee does not carry professional liability insurance as described in Chapter 1901 of the Texas Insurance Code;
    (B) is not covered by professional liability insurance;
    (C) is insured by a nonadmitted carrier;
    (D) is insured by any other entity providing medical liability coverage and the licensee has reason to know that the entity is not timely reporting the required information.
  (3) In addition, as part of the registration process, each licensee shall report:
    (A) the name and address of any entity that provides the licensee coverage for health care liability claims;
    (B) any health care liability lawsuits that have been filed since the last registration, including the date that the licensee was served with the lawsuit, the cause number, court, and county of suit;
    (C) any settlements of health care liability claims or lawsuits that have been made since the last registration, including the date of the settlement, the amount paid by or on behalf of the licensee, and, if a lawsuit had been filed on the claim, the cause number, court, and county of suit.
(b) The failure to report under this section may result in disciplinary action, but shall not be used to deny the licensee's registration permit.

Source Note: The provisions of this §176.2 adopted to be effective January 8, 2004, 29 TexReg 97; amended to be effective September 20, 2007, 32 TexReg 6314