TITLE 23
Health and Safety
CHAPTER 23-17
Licensing of Health Care Facilities
SECTION 23-17-25
§ 23-17-25 Privileges and immunities for
peer review activities.
(a) Neither the proceedings nor the records of peer review boards as defined in
§ 5-37-1 shall be subject to discovery or be admissible in evidence in any
case save litigation arising out of the imposition of sanctions upon a
physician. However, any imposition or notice of a restriction of privileges or
a requirement of supervision imposed on a physician for unprofessional conduct
as defined in § 5-37-5.1 shall be subject to discovery and be admissible
in any proceeding against the physician for performing, or against any health
care facility or health care provider which allows the physician to perform the
medical 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 shall apply to records made in the
regular course of business by a hospital or other provider of health care
information. Documents or records otherwise available from original sources are
not to be construed as immune from discovery or used in any civil proceedings
merely because they were presented during the proceedings of the committee.
(b) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any member of a duly
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 any
peer review board.
(c) There shall be no monetary liability on the part of, and
no cause of action for damage shall arise 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 medical licensure and discipline, when the communication
is intended to aid in the evaluation of the qualifications, fitness, or
character of a practitioner of the healing arts, 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 shall have the benefit of the state action exemption
to the state antitrust law.
History of Section.
(P.L. 1976, ch. 244, § 5; G.L. 1956, § 23-16-23; P.L. 1979, ch. 39,
§ 1; G.L. 1956, § 23-17-25; P.L. 1986, ch. 350, § 12.)