Oregon Approach to Reforming State Licensure Boards and NPDB for Disclosure Movement
What they have done in Oregon is very novel and I actually think cleaner than the original Sorry Works! language of 2012. Moreover, it addresses apology immunity in a very nice way too. In short, Oregon's leaders have proposed establishing a patient safety commission, and this commission will accept voluntary reports of adverse events from doctors, hospitals, or patients/families. Nobody gives up their legal rights, either side can instead choose to go to court. If, however, they go to the commission, the conversations are confidential and never can be used in court, and, moreover, the report to the commission is not considered a written demand for money under Oregon law --- so even if a payment is made it is not reportable to state licensing boards or the NPDB. Once a report is made to the commission, there is a time line...so things don't drag on forever, and, again, people can still go to court at the end of the process. Very novel process. I like it. It encourages people to talk, and will truly make the court house the last option. Lastly, the commission will use the reports for safety improvements, but without naming/shaming providers...which I think is so valuable for encouraging caregivers to talk and improving safety and quality.
Here is the link for the Oregon language, and here also is a letter of support from the Oregon Medical Association.