TITLE 5

Businesses and Professions

CHAPTER 5-31.1

Dentists and Dental Hygienists

SECTION 5-31.1-29



   § 5-31.1-29  Privileges and immunities for

peer review activities. –

(a) Neither the proceedings nor the records of peer review boards as defined in

§ 5-31.1-1 is subject to discovery or admissible in evidence in any case

save litigation arising out of the imposition of sanctions upon a dentist or

dental hygienist. Any imposition or notice of a restriction of privileges or a

requirement of supervision imposed on a dentist or dental hygienist for

unprofessional conduct as defined in § 5-31.1-10 is subject to discovery

and admissible in any proceeding against that dentist or dental hygienist for

performing or against any dental care facility or dental care provider which

allows the dentist to perform the dental procedures which are the subject of

the restriction or supervision during the period of the restriction or

supervision or subsequent to that period. Nothing contained in this section

applies to records made in the regular course of business by a hospital or

other provider of health care information. Documents or records available from

original sources are not to be construed as immune from discovery or use in any

civil proceedings merely because they were presented during the proceedings of

the committee.



   (b) There is no monetary liability on the part of, and no

cause of action for damages arising against, any member of an appointed peer

review board operated pursuant to written by-laws, for any act or proceeding

undertaken or performed within the scope of the functions of that board.



   (c) There is no monetary liability on the part of, and no

cause of action for damage arising against, any person on account of the

communication of information in the possession of the person to any peer review

board or the board of examiners in dentistry when the communication is intended

to aid in the evaluation of the qualifications, fitness, or character of a

practitioner of dentistry or dental hygiene and does not represent as true any

matter not reasonably believed to be true.



   (d) Any peer review processes authorized by statute and

carried out in good faith has the benefit of the state action exemption to the

state antitrust law.



History of Section.

(P.L. 1987, ch. 358, § 2.)