§ 5-37-9 - Reports relating to professional conduct and capacity – Regulations – Confidentiality – Immunity.
SECTION 5-37-9
§ 5-37-9 Reports relating to professionalconduct and capacity – Regulations – Confidentiality – Immunity.– In addition to the requirements of § 42-14-2.1:
(1) The board, with the approval of the director, may adoptregulations requiring any person, including, but not limited to, corporations,health care facilities, health maintenance organizations, organizations,federal, state, or local governmental agencies, and peer review boards toreport to the board any conviction, determination, or finding that a licensedphysician has committed unprofessional conduct as defined by § 5-37-5.1,or to report information which indicates that a licensed physician may not beable to practice medicine with reasonable skill and safety to patients as theresult of any mental or physical condition. The regulations shall include thereporting requirements of paragraphs (2)(i), (ii) and (iii) of this section.
(2) The following reports, in writing, shall be filed withthe board:
(i) Every insurer providing professional liability insuranceto a physician licensed under the provisions of this chapter shall send acomplete report to the board presenting notice of any civil action filed,settlement of any claim or cause of action, or final judgment rendered in anycause of action for damages for death or personal injury caused by thephysician's negligence, error, or omission in practice, or his or her renderingof unauthorized professional services. This report shall be sent within thirty(30) days after notice of any civil action filed, settlement, judgment, orarbitration award. All of these reports shall present an in-depth factualsummary of the claim in question. Commencing July 1, 1997, all reports of finaljudgments or settlements shall specify the class or category of risk for whichthe physician is insured identified by Insurance Services Organization ("ISO")Code and, in the case of joint and several liability, shall specify the portionof the total award paid by or on behalf of the physician.
(ii) All hospital and licensed health care facilitiesincluding, but not limited to, nursing homes and health maintenanceorganizations and the director of health must report to the board within thirty(30) days of this action, any action, disciplinary or otherwise, taken for anyreason, which limits, suspends or revokes a physician's privilege to practiceor requires supervision of a physician, either through formal action by theinstitution or facility or through any voluntary agreement with the physician.
(iii) Within ten (10) days after a judgment by a court ofthis state that a physician licensed under the provisions of this chapter hasbeen convicted of a crime or is civilly liable for any death or personal injurycaused by his or her negligence, error, or omission in his or her practice, orhis or her rendering unauthorized professional services, the clerk of the courtwhich rendered this judgment shall report the judgment to the board.
(3) The board shall publicly report any change of privilege,of which it is aware, to the board of trustees or other appropriate body of alllicensed hospitals, licensed health care facilities, health maintenanceorganizations, and other parties, as the board deems appropriate, within thirty(30) days. Except as required by § 5-37-9.2 notwithstanding the provisionsof this subdivision, the board may, in instances where the change of privilegeis not related to quality of patient care, elect not to disseminate the reportof change in privilege. This election may be made in executive session and nodecision not to disseminate shall be made except by majority vote of themembers present at the meeting and only upon a finding of fact by the boardafter inquiry that the change of privilege was not related to quality ofpatient care.
(4) Except as provided in § 5-37-9.2, the contents ofany report file shall be confidential and exempt from public disclosure, exceptthat it may be reviewed:
(i) By the licensee involved or his or her counsel orauthorized representative who may submit any additional exculpatory orexplanatory statements or other information, which statements or otherinformation is included in the file, or
(ii) By the chief administrative officer, a representative ofthe board, or investigator of the board, who has been assigned to review theactivities of a licensed physician.
(5) Upon determination that a report is without merit, theboard's records may be purged of information relating to the report.
(6) If any person refuses to furnish a required report, theboard may petition the superior court of any county in which the person residesor is found, and the court shall issue to this person an order to furnish therequired report. Any failure to comply with this order constitutes civilcontempt.
(7) Every individual, medical association, medical society,hospital, health care facility, health maintenance organization, peer reviewboard, medical service bureau, health insurance carrier or agent, professionalstandards review organization, and agency of the federal, state, or localgovernment is immune from civil liability, whether direct or derivative, forproviding information in good faith to the board pursuant to this section orthe regulations outlined in subdivision (1) of this section or requirements ofsubdivision (2) of this section.
(8) Nondisclosure agreements are prohibited in so far as theyforbid parties from making reports regarding competency and/or unprofessionalconduct to the board of medical licensure and discipline.
(9) The board, with the approval of the director, shallpromulgate rules and regulations prescribing standards for hospital or healthmaintenance organization supervision of physicians by peer review committees.These regulations require that each hospital or health maintenance organizationreport annually to the board the activities, findings, studies, anddeterminations of its peer review committees.