Businesses and Professions
§ 5-29-20 Privileges and immunities for
peer review activities.
(a) Neither the proceedings nor the records of peer review boards are subject
to discovery or admissible in evidence in any case except litigation arising
out of the imposition of sanctions upon a podiatrist. Any imposition or notice
of a restriction of privileges or a requirement of supervision imposed on a
podiatrist for unprofessional conduct is subject to discovery and admissible in
any proceeding against the podiatrist or against any podiatry care facility or
podiatry care provider which allows the podiatrist to perform the podiatry
procedures which are the subject of the restrictions or supervision during the
period of any imposition or notice of a restriction of privileges or a
requirement of supervision, and apply 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 bylaws, for any act or proceeding
undertaken or performed within the scope of the functions of the board.
(c) There is no monetary liability on the part of, and no
cause of action for damages arising against, any person on account of the
communication of information in the possession of that person to any peer
review board or the board of examiners in podiatry when the communication is
intended to aid in the evaluation of the qualifications, fitness, or character
of a practitioner of podiatry 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 have the benefit of the state action exemption to the
state antitrust law.
History of Section.
(P.L. 1988, ch. 274, § 2.)