§ 5-31.1-27 Dental peer review. – (a) Notwithstanding other provisions of this chapter, health care providers maymake confidential health care information available to dental peer reviewcommittees without authorization.
(b) Confidential health care information before a dental peerreview committee remains strictly confidential, and any person found guilty ofthe unlawful disclosure of that information is subject to the penaltiesprovided in this chapter.
(c) Except as provided in this section, the proceedings andrecords of dental peer review committees are not subject to discovery orintroduction into evidence. No person who was in attendance at a meeting ofthat committee is permitted or required to testify as to any matters presentedduring the proceedings of the committee or as to any findings, recommendations,evaluations, opinions, or other actions of the committee or any members of thecommittee. Confidential health care information discoverable or admissible fromoriginal sources is not to be construed as immune from discovery or use in anyproceeding merely because that information was presented during proceedingsbefore the committee, or is a member of the committee or other person appearingbefore it to be prevented from testifying as to matters within his or herknowledge and in accordance with the other provisions of this chapter, but thatwitness cannot be questioned about his or her testimony or other proceedingsbefore the dental peer review committee or about opinions formed by him or heras a result of those proceedings.
(d) The provisions of subsection (c) of this section limitingdiscovery and testimony do not apply in any legal action brought by a dentalpeer review committee to restrict or revoke a dentist's hospital staffprivilege, or his or her license to practice dentistry, or to cases where amember of the dental peer review committee or the legal entity which formedthis committee or within which that committee operates is sued for actionstaken by that committee, provided that in this legal action personallyidentifiable confidential health care information may not be used withoutwritten authorization of that person or his or her authorized representative orupon court order.
(e) Nothing in this chapter limits the authority, which maybe provided by law, of the board of examiners in dentistry to require a dentalpeer review committee to report to it any disciplinary actions orrecommendations of the committee, or to transfer to it records of thecommittee's proceedings or actions, including confidential dental information,or restrict or revoke a dentist's license to practice dentistry; provided, thatin that legal action, personally identifiable confidential health careinformation may not be used without written authorization of this person or hisor her authorized representative or upon court order.
(f) No member of a dental peer review committee nor the legalentity which formed or within which that committee operates nor any personproviding information to the committee is criminally or civilly liable for theperformance of any duty, function, or activity of that committee or based uponproviding information to the committee; provided, that the action is withoutmalice and is based upon a reasonable belief that the action is warranted.
§ 5-31.1-27 Dental peer review. – (a) Notwithstanding other provisions of this chapter, health care providers maymake confidential health care information available to dental peer reviewcommittees without authorization.
(b) Confidential health care information before a dental peerreview committee remains strictly confidential, and any person found guilty ofthe unlawful disclosure of that information is subject to the penaltiesprovided in this chapter.
(c) Except as provided in this section, the proceedings andrecords of dental peer review committees are not subject to discovery orintroduction into evidence. No person who was in attendance at a meeting ofthat committee is permitted or required to testify as to any matters presentedduring the proceedings of the committee or as to any findings, recommendations,evaluations, opinions, or other actions of the committee or any members of thecommittee. Confidential health care information discoverable or admissible fromoriginal sources is not to be construed as immune from discovery or use in anyproceeding merely because that information was presented during proceedingsbefore the committee, or is a member of the committee or other person appearingbefore it to be prevented from testifying as to matters within his or herknowledge and in accordance with the other provisions of this chapter, but thatwitness cannot be questioned about his or her testimony or other proceedingsbefore the dental peer review committee or about opinions formed by him or heras a result of those proceedings.
(d) The provisions of subsection (c) of this section limitingdiscovery and testimony do not apply in any legal action brought by a dentalpeer review committee to restrict or revoke a dentist's hospital staffprivilege, or his or her license to practice dentistry, or to cases where amember of the dental peer review committee or the legal entity which formedthis committee or within which that committee operates is sued for actionstaken by that committee, provided that in this legal action personallyidentifiable confidential health care information may not be used withoutwritten authorization of that person or his or her authorized representative orupon court order.
(e) Nothing in this chapter limits the authority, which maybe provided by law, of the board of examiners in dentistry to require a dentalpeer review committee to report to it any disciplinary actions orrecommendations of the committee, or to transfer to it records of thecommittee's proceedings or actions, including confidential dental information,or restrict or revoke a dentist's license to practice dentistry; provided, thatin that legal action, personally identifiable confidential health careinformation may not be used without written authorization of this person or hisor her authorized representative or upon court order.
(f) No member of a dental peer review committee nor the legalentity which formed or within which that committee operates nor any personproviding information to the committee is criminally or civilly liable for theperformance of any duty, function, or activity of that committee or based uponproviding information to the committee; provided, that the action is withoutmalice and is based upon a reasonable belief that the action is warranted.
§ 5-31.1-27 Dental peer review. – (a) Notwithstanding other provisions of this chapter, health care providers maymake confidential health care information available to dental peer reviewcommittees without authorization.
(b) Confidential health care information before a dental peerreview committee remains strictly confidential, and any person found guilty ofthe unlawful disclosure of that information is subject to the penaltiesprovided in this chapter.
(c) Except as provided in this section, the proceedings andrecords of dental peer review committees are not subject to discovery orintroduction into evidence. No person who was in attendance at a meeting ofthat committee is permitted or required to testify as to any matters presentedduring the proceedings of the committee or as to any findings, recommendations,evaluations, opinions, or other actions of the committee or any members of thecommittee. Confidential health care information discoverable or admissible fromoriginal sources is not to be construed as immune from discovery or use in anyproceeding merely because that information was presented during proceedingsbefore the committee, or is a member of the committee or other person appearingbefore it to be prevented from testifying as to matters within his or herknowledge and in accordance with the other provisions of this chapter, but thatwitness cannot be questioned about his or her testimony or other proceedingsbefore the dental peer review committee or about opinions formed by him or heras a result of those proceedings.
(d) The provisions of subsection (c) of this section limitingdiscovery and testimony do not apply in any legal action brought by a dentalpeer review committee to restrict or revoke a dentist's hospital staffprivilege, or his or her license to practice dentistry, or to cases where amember of the dental peer review committee or the legal entity which formedthis committee or within which that committee operates is sued for actionstaken by that committee, provided that in this legal action personallyidentifiable confidential health care information may not be used withoutwritten authorization of that person or his or her authorized representative orupon court order.
(e) Nothing in this chapter limits the authority, which maybe provided by law, of the board of examiners in dentistry to require a dentalpeer review committee to report to it any disciplinary actions orrecommendations of the committee, or to transfer to it records of thecommittee's proceedings or actions, including confidential dental information,or restrict or revoke a dentist's license to practice dentistry; provided, thatin that legal action, personally identifiable confidential health careinformation may not be used without written authorization of this person or hisor her authorized representative or upon court order.
(f) No member of a dental peer review committee nor the legalentity which formed or within which that committee operates nor any personproviding information to the committee is criminally or civilly liable for theperformance of any duty, function, or activity of that committee or based uponproviding information to the committee; provided, that the action is withoutmalice and is based upon a reasonable belief that the action is warranted.
