§ 23-4.1-18 Peer review boards –Definition, activities and immunities. – (a) For the purposes of this chapter, "peer review board" means any committeeof a state or local professional association or society, or any committeeauthorized by the director of the department of health, or a committee of anylicensed emergency medical service employing practicing licensed emergencymedical personnel, organized for the purpose of furnishing emergency medicalservices, the function of which, or one of the functions of which, is toevaluate and improve the quality of health care rendered by providers of healthcare service or to determine that health care services rendered wereprofessionally indicated or were performed in compliance with the applicablestandard of care or that the cost of health care rendered was consideredreasonable by the providers of professional health care services in the area.
(b) The proceedings and associated records of peer reviewboards shall not be subject to discovery or be admissible in evidence in anycase except litigation arising out of the imposition of sanctions upon anemergency medical technician. However, any imposition or notice of arestriction of privileges, or a requirement of supervision imposed on anemergency medical technician for failure to comply with the provisions orstandards of this chapter, and any regulations promulgated pursuant to §23-4.1-10, shall be subject to discovery and be admissible in any proceedingagainst the emergency medical technician for performing, or against anylicensed emergency medical service which allows the emergency medicaltechnician to perform, the procedures which are the subject of the restrictionor supervision during the period of the restriction or supervision, orsubsequent to that period. Nothing contained in this section shall apply torecords made in the regular course of business by an emergency medical serviceor other provider of health care information. Documents or records otherwiseavailable from original sources are not to be construed as immune fromdiscovery or use in any civil proceedings merely because they were presentedduring the proceedings of the committee.
(c) There shall be no monetary liability on the part of, andno cause of action for damages shall arise, against any member of a dulyappointed peer review board operated pursuant to written bylaws, for any act orproceeding undertaken or performed within the scope of the functions of anypeer review board.
(d) There shall be no monetary liability on the part of, andno cause of action for damages shall arise against, any person on account ofthe communication of information to any peer review board or the department ofhealth or the ambulance service advisory board, when the communication isintended to aid in the evaluation of the qualifications, fitness, or characterof an emergency medical technician, and does not represent as true any matternot reasonably believed to be true.
(e) Any peer review processes authorized by statute andcarried out in good faith shall have the benefit of the state action exemptionto the state antitrust law.
§ 23-4.1-18 Peer review boards –Definition, activities and immunities. – (a) For the purposes of this chapter, "peer review board" means any committeeof a state or local professional association or society, or any committeeauthorized by the director of the department of health, or a committee of anylicensed emergency medical service employing practicing licensed emergencymedical personnel, organized for the purpose of furnishing emergency medicalservices, the function of which, or one of the functions of which, is toevaluate and improve the quality of health care rendered by providers of healthcare service or to determine that health care services rendered wereprofessionally indicated or were performed in compliance with the applicablestandard of care or that the cost of health care rendered was consideredreasonable by the providers of professional health care services in the area.
(b) The proceedings and associated records of peer reviewboards shall not be subject to discovery or be admissible in evidence in anycase except litigation arising out of the imposition of sanctions upon anemergency medical technician. However, any imposition or notice of arestriction of privileges, or a requirement of supervision imposed on anemergency medical technician for failure to comply with the provisions orstandards of this chapter, and any regulations promulgated pursuant to §23-4.1-10, shall be subject to discovery and be admissible in any proceedingagainst the emergency medical technician for performing, or against anylicensed emergency medical service which allows the emergency medicaltechnician to perform, the procedures which are the subject of the restrictionor supervision during the period of the restriction or supervision, orsubsequent to that period. Nothing contained in this section shall apply torecords made in the regular course of business by an emergency medical serviceor other provider of health care information. Documents or records otherwiseavailable from original sources are not to be construed as immune fromdiscovery or use in any civil proceedings merely because they were presentedduring the proceedings of the committee.
(c) There shall be no monetary liability on the part of, andno cause of action for damages shall arise, against any member of a dulyappointed peer review board operated pursuant to written bylaws, for any act orproceeding undertaken or performed within the scope of the functions of anypeer review board.
(d) There shall be no monetary liability on the part of, andno cause of action for damages shall arise against, any person on account ofthe communication of information to any peer review board or the department ofhealth or the ambulance service advisory board, when the communication isintended to aid in the evaluation of the qualifications, fitness, or characterof an emergency medical technician, and does not represent as true any matternot reasonably believed to be true.
(e) Any peer review processes authorized by statute andcarried out in good faith shall have the benefit of the state action exemptionto the state antitrust law.
§ 23-4.1-18 Peer review boards –Definition, activities and immunities. – (a) For the purposes of this chapter, "peer review board" means any committeeof a state or local professional association or society, or any committeeauthorized by the director of the department of health, or a committee of anylicensed emergency medical service employing practicing licensed emergencymedical personnel, organized for the purpose of furnishing emergency medicalservices, the function of which, or one of the functions of which, is toevaluate and improve the quality of health care rendered by providers of healthcare service or to determine that health care services rendered wereprofessionally indicated or were performed in compliance with the applicablestandard of care or that the cost of health care rendered was consideredreasonable by the providers of professional health care services in the area.
(b) The proceedings and associated records of peer reviewboards shall not be subject to discovery or be admissible in evidence in anycase except litigation arising out of the imposition of sanctions upon anemergency medical technician. However, any imposition or notice of arestriction of privileges, or a requirement of supervision imposed on anemergency medical technician for failure to comply with the provisions orstandards of this chapter, and any regulations promulgated pursuant to §23-4.1-10, shall be subject to discovery and be admissible in any proceedingagainst the emergency medical technician for performing, or against anylicensed emergency medical service which allows the emergency medicaltechnician to perform, the procedures which are the subject of the restrictionor supervision during the period of the restriction or supervision, orsubsequent to that period. Nothing contained in this section shall apply torecords made in the regular course of business by an emergency medical serviceor other provider of health care information. Documents or records otherwiseavailable from original sources are not to be construed as immune fromdiscovery or use in any civil proceedings merely because they were presentedduring the proceedings of the committee.
(c) There shall be no monetary liability on the part of, andno cause of action for damages shall arise, against any member of a dulyappointed peer review board operated pursuant to written bylaws, for any act orproceeding undertaken or performed within the scope of the functions of anypeer review board.
(d) There shall be no monetary liability on the part of, andno cause of action for damages shall arise against, any person on account ofthe communication of information to any peer review board or the department ofhealth or the ambulance service advisory board, when the communication isintended to aid in the evaluation of the qualifications, fitness, or characterof an emergency medical technician, and does not represent as true any matternot reasonably believed to be true.
(e) Any peer review processes authorized by statute andcarried out in good faith shall have the benefit of the state action exemptionto the state antitrust law.
