§ 5-29-20 - Privileges and immunities for peer review activities.
SECTION 5-29-20
§ 5-29-20 Privileges and immunities forpeer review activities. – (a) Neither the proceedings nor the records of peer review boards are subjectto discovery or admissible in evidence in any case except litigation arisingout of the imposition of sanctions upon a podiatrist. Any imposition or noticeof a restriction of privileges or a requirement of supervision imposed on apodiatrist for unprofessional conduct is subject to discovery and admissible inany proceeding against the podiatrist or against any podiatry care facility orpodiatry care provider which allows the podiatrist to perform the podiatryprocedures which are the subject of the restrictions or supervision during theperiod of any imposition or notice of a restriction of privileges or arequirement of supervision, and apply to records made in the regular course ofbusiness by a hospital or other provider of health care information. Documentsor records available from original sources are not to be construed as immunefrom discovery or use in any civil proceedings merely because they werepresented during the proceedings of the committee.
(b) There is no monetary liability on the part of, and nocause of action for damages arising against, any member of an appointed peerreview board operated pursuant to written bylaws, for any act or proceedingundertaken or performed within the scope of the functions of the board.
(c) There is no monetary liability on the part of, and nocause of action for damages arising against, any person on account of thecommunication of information in the possession of that person to any peerreview board or the board of examiners in podiatry when the communication isintended to aid in the evaluation of the qualifications, fitness, or characterof a practitioner of podiatry and does not represent as true any matter notreasonably believed to be true.
(d) Any peer review processes authorized by statute andcarried out in good faith have the benefit of the state action exemption to thestate antitrust law.