TITLE 23
Health and Safety
CHAPTER 23-4.1
Emergency Medical Transportation Services
SECTION 23-4.1-18
§ 23-4.1-18 Peer review boards
Definition, activities and immunities.
(a) For the purposes of this chapter, "peer review board" means any committee
of a state or local professional association or society, or any committee
authorized by the director of the department of health, or a committee of any
licensed emergency medical service employing practicing licensed emergency
medical personnel, organized for the purpose of furnishing emergency medical
services, the function of which, or one of the functions of which, is to
evaluate and improve the quality of health care rendered by providers of health
care service or to determine that health care services rendered were
professionally indicated or were performed in compliance with the applicable
standard of care or that the cost of health care rendered was considered
reasonable by the providers of professional health care services in the area.
(b) The proceedings and associated records of peer review
boards shall not be subject to discovery or be admissible in evidence in any
case except litigation arising out of the imposition of sanctions upon an
emergency medical technician. However, any imposition or notice of a
restriction of privileges, or a requirement of supervision imposed on an
emergency medical technician for failure to comply with the provisions or
standards of this chapter, and any regulations promulgated pursuant to §
23-4.1-10, shall be subject to discovery and be admissible in any proceeding
against the emergency medical technician for performing, or against any
licensed emergency medical service which allows the emergency medical
technician to perform, the 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 an emergency medical service
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 use in any civil proceedings merely because they were presented
during the proceedings of the committee.
(c) 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 bylaws, for any act or
proceeding undertaken or performed within the scope of the functions of any
peer review board.
(d) There shall be no monetary liability on the part of, and
no cause of action for damages shall arise against, any person on account of
the communication of information to any peer review board or the department of
health or the ambulance service advisory board, when the communication is
intended to aid in the evaluation of the qualifications, fitness, or character
of an emergency medical technician, and does not represent as true any matter
not reasonably believed to be true.
(e) 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. 2005, ch. 242, § 1; P.L. 2005, ch. 245, § 1.)