§ 5-37.3-7 Medical peer review boards.– (a) Notwithstanding other provisions of this chapter, health care providers maymake confidential health care information available to medical peer reviewboards without authorization.
(b) Confidential health care information before a medicalpeer review board shall remain strictly confidential, and any person foundguilty of the unlawful disclosure of that information shall be subject to thepenalties provided in this chapter.
(c) Except as provided in this section, the proceedings andrecords of medical peer review boards shall not be subject to discovery orintroduction into evidence. No person who was in attendance at a meeting ofthat board shall be permitted or required to testify as to any matterspresented during the proceedings of that board or as to any findings,recommendations, evaluations, opinions, or other actions of that board or anymembers of the board. Confidential health care information discoverable oradmissible from original sources shall not be construed as immune fromdiscovery or use in any proceeding merely because that information waspresented during proceedings before that board, nor is a member of that boardor other person appearing before it to be prevented from testifying as tomatters within his or her knowledge and in accordance with the other provisionsof this chapter, but that witness cannot be questioned about his or hertestimony or other proceedings before that medical peer review board or aboutopinions formed by him or her as a result of those proceedings.
(d) The provisions of subsection (c) of this section limitingdiscovery and testimony shall not apply in any legal action brought by amedical peer review board to restrict or revoke a physician's hospital staffprivilege, or his or her license to practice medicine, or to cases where amember of the medical peer review board or the legal entity which formed thisboard or within which that board operates is sued for actions taken by thatboard; provided, that in this legal action personally identifiable confidentialhealth care information shall not be used without written authorization of theperson or his or her authorized representative or upon court order.
(e) Nothing in this chapter shall limit the authority, whichmay be provided by law, of the board of medical licensure and discipline torequire a medical peer review board to report to it any disciplinary actions orrecommendations of that board, or to transfer to it records of that board'sproceedings or actions, including confidential medical information, or restrictor revoke a physician's license to practice medicine; provided, that in thislegal action, personally identifiable confidential health care informationshall not be used without written authorization of the person or his or herauthorized representative or upon court order.
(f) No member of a medical peer review board, nor the legalentity which formed or within which that board operates nor any personproviding information to that board, shall be criminally or civilly liable forthe performance of any duty, function, or activity of that board or based uponproviding information to that board, provided this action is without malice andis based upon a reasonable belief that the action is warranted.
§ 5-37.3-7 Medical peer review boards.– (a) Notwithstanding other provisions of this chapter, health care providers maymake confidential health care information available to medical peer reviewboards without authorization.
(b) Confidential health care information before a medicalpeer review board shall remain strictly confidential, and any person foundguilty of the unlawful disclosure of that information shall be subject to thepenalties provided in this chapter.
(c) Except as provided in this section, the proceedings andrecords of medical peer review boards shall not be subject to discovery orintroduction into evidence. No person who was in attendance at a meeting ofthat board shall be permitted or required to testify as to any matterspresented during the proceedings of that board or as to any findings,recommendations, evaluations, opinions, or other actions of that board or anymembers of the board. Confidential health care information discoverable oradmissible from original sources shall not be construed as immune fromdiscovery or use in any proceeding merely because that information waspresented during proceedings before that board, nor is a member of that boardor other person appearing before it to be prevented from testifying as tomatters within his or her knowledge and in accordance with the other provisionsof this chapter, but that witness cannot be questioned about his or hertestimony or other proceedings before that medical peer review board or aboutopinions formed by him or her as a result of those proceedings.
(d) The provisions of subsection (c) of this section limitingdiscovery and testimony shall not apply in any legal action brought by amedical peer review board to restrict or revoke a physician's hospital staffprivilege, or his or her license to practice medicine, or to cases where amember of the medical peer review board or the legal entity which formed thisboard or within which that board operates is sued for actions taken by thatboard; provided, that in this legal action personally identifiable confidentialhealth care information shall not be used without written authorization of theperson or his or her authorized representative or upon court order.
(e) Nothing in this chapter shall limit the authority, whichmay be provided by law, of the board of medical licensure and discipline torequire a medical peer review board to report to it any disciplinary actions orrecommendations of that board, or to transfer to it records of that board'sproceedings or actions, including confidential medical information, or restrictor revoke a physician's license to practice medicine; provided, that in thislegal action, personally identifiable confidential health care informationshall not be used without written authorization of the person or his or herauthorized representative or upon court order.
(f) No member of a medical peer review board, nor the legalentity which formed or within which that board operates nor any personproviding information to that board, shall be criminally or civilly liable forthe performance of any duty, function, or activity of that board or based uponproviding information to that board, provided this action is without malice andis based upon a reasonable belief that the action is warranted.
§ 5-37.3-7 Medical peer review boards.– (a) Notwithstanding other provisions of this chapter, health care providers maymake confidential health care information available to medical peer reviewboards without authorization.
(b) Confidential health care information before a medicalpeer review board shall remain strictly confidential, and any person foundguilty of the unlawful disclosure of that information shall be subject to thepenalties provided in this chapter.
(c) Except as provided in this section, the proceedings andrecords of medical peer review boards shall not be subject to discovery orintroduction into evidence. No person who was in attendance at a meeting ofthat board shall be permitted or required to testify as to any matterspresented during the proceedings of that board or as to any findings,recommendations, evaluations, opinions, or other actions of that board or anymembers of the board. Confidential health care information discoverable oradmissible from original sources shall not be construed as immune fromdiscovery or use in any proceeding merely because that information waspresented during proceedings before that board, nor is a member of that boardor other person appearing before it to be prevented from testifying as tomatters within his or her knowledge and in accordance with the other provisionsof this chapter, but that witness cannot be questioned about his or hertestimony or other proceedings before that medical peer review board or aboutopinions formed by him or her as a result of those proceedings.
(d) The provisions of subsection (c) of this section limitingdiscovery and testimony shall not apply in any legal action brought by amedical peer review board to restrict or revoke a physician's hospital staffprivilege, or his or her license to practice medicine, or to cases where amember of the medical peer review board or the legal entity which formed thisboard or within which that board operates is sued for actions taken by thatboard; provided, that in this legal action personally identifiable confidentialhealth care information shall not be used without written authorization of theperson or his or her authorized representative or upon court order.
(e) Nothing in this chapter shall limit the authority, whichmay be provided by law, of the board of medical licensure and discipline torequire a medical peer review board to report to it any disciplinary actions orrecommendations of that board, or to transfer to it records of that board'sproceedings or actions, including confidential medical information, or restrictor revoke a physician's license to practice medicine; provided, that in thislegal action, personally identifiable confidential health care informationshall not be used without written authorization of the person or his or herauthorized representative or upon court order.
(f) No member of a medical peer review board, nor the legalentity which formed or within which that board operates nor any personproviding information to that board, shall be criminally or civilly liable forthe performance of any duty, function, or activity of that board or based uponproviding information to that board, provided this action is without malice andis based upon a reasonable belief that the action is warranted.
