§ 5-31.1-29 - Privileges and immunities for peer review activities.
SECTION 5-31.1-29
§ 5-31.1-29 Privileges and immunities forpeer review activities. – (a) Neither the proceedings nor the records of peer review boards as defined in§ 5-31.1-1 is subject to discovery or admissible in evidence in any casesave litigation arising out of the imposition of sanctions upon a dentist ordental hygienist. Any imposition or notice of a restriction of privileges or arequirement of supervision imposed on a dentist or dental hygienist forunprofessional conduct as defined in § 5-31.1-10 is subject to discoveryand admissible in any proceeding against that dentist or dental hygienist forperforming or against any dental care facility or dental care provider whichallows the dentist to perform the dental procedures which are the subject ofthe restriction or supervision during the period of the restriction orsupervision or subsequent to that period. Nothing contained in this sectionapplies to records made in the regular course of business by a hospital orother provider of health care information. Documents or records available fromoriginal sources are not to be construed as immune from discovery or use in anycivil proceedings merely because they were presented during the proceedings ofthe 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 by-laws, for any act or proceedingundertaken or performed within the scope of the functions of that board.
(c) There is no monetary liability on the part of, and nocause of action for damage arising against, any person on account of thecommunication of information in the possession of the person to any peer reviewboard or the board of examiners in dentistry when the communication is intendedto aid in the evaluation of the qualifications, fitness, or character of apractitioner of dentistry or dental hygiene and does not represent as true anymatter not reasonably believed to be true.
(d) Any peer review processes authorized by statute andcarried out in good faith has the benefit of the state action exemption to thestate antitrust law.