§ 5-29-19 - Podiatry peer review.
SECTION 5-29-19
§ 5-29-19 Podiatry peer review. – (a) Notwithstanding other provisions of this chapter, health care providers maymake confidential health care information available to podiatry peer reviewcommittees without authorization.
(b) Confidential health care information before a podiatrypeer review committee remains strictly confidential, and any person foundguilty of the unlawful disclosure of that information is subject to thepenalties provided in this chapter.
(c) Except as provided in this section, the proceedings andrecords of podiatry peer review committees are not subject to discovery orintroduction into evidence. No person who was in attendance at a meeting of thecommittee is permitted or required to testify as to any matters presentedduring the proceedings of the committee or as to any finding, recommendations,evaluations, opinions, or other actions of the committee or any members of thecommittee. Confidential health care information was presented duringproceedings before that committee, or is a member of that committee or otherperson appearing before it to be prevented from testifying as to matters withinhis or her knowledge and in accordance with the other provisions of thischapter, but the witness cannot be questioned about his or her testimony orother proceedings before the podiatry peer review committee or about opinionsformed by him or her as a result of those proceedings.
(d) The provisions of subsection (c) of this section limitingdiscovery and testimony do not apply in any legal action brought by a podiatrypeer review committee to restrict or revoke a podiatrist's hospital staffprivilege, or his or her license to practice podiatry, or to cases where amember of the podiatry peer review committee or the legal entity which formedthat committee or within which that committee operates is sued for actionstaken by the committee; provided, that in that legal action personallyidentifiable confidential health care information shall not be used withoutwritten authorization of the person or his or her authorized representative orupon court order.
(e) Nothing in this chapter shall limit the authority, whichmay be provided by law, of the board of examiners in podiatry to require apodiatry peer review committee to report to it any disciplinary actions orrecommendations of the committee, or to transfer to it records of thecommittee's proceedings or actions, including confidential podiatryinformation, or restrict or revoke a podiatrist's license to practice podiatry;provided, that in the legal action, personally identifiable confidential healthcare information shall not be used without written authorization of the personor his or her authorized representative or upon court order.
(f) No member of a podiatry review committee nor the legalentity which formed or within which the committee operates nor any personproviding information to the committee is criminally or civilly liable for theperformance of any duty, function, or activity of the committee or based uponproviding information to the committee; provided, that the action is withoutmalice and is based upon a reasonable belief that the action is warranted.