58-13-5 - Information relating to adequacy and quality of medical care -- Immunity from liability.
58-13-5. Information relating to adequacy and quality of medical care -- Immunityfrom liability.
(1) As used in this section, "health care provider" has the same meaning as defined inSection 78B-3-403.
(2) (a) The division, and the boards within the division that act regarding the health careproviders defined in this section, shall adopt rules to establish procedures to obtain informationconcerning the quality and adequacy of health care rendered to patients by those health careproviders.
(b) It is the duty of an individual licensed under Title 58, Occupations and Professions,as a health care provider to furnish information known to him with respect to health carerendered to patients by any health care provider licensed under Title 58, Occupations andProfessions, as the division or a board may request during the course of the performance of itsduties.
(3) A health care facility as defined in Section 26-21-2 which employs, grants privilegesto, or otherwise permits a licensed health care provider to engage in licensed practice within thehealth care facility, and any professional society of licensed health care providers, shall reportany of the following events in writing to the division within 60 days after the event occursregarding the licensed health care provider:
(a) terminating employment of an employee for cause related to the employee's practiceas a licensed health care provider;
(b) terminating or restricting privileges for cause to engage in any act or practice relatedto practice as a licensed health care provider;
(c) terminating, suspending, or restricting membership or privileges associated withmembership in a professional association for acts of unprofessional, unlawful, incompetent, ornegligent conduct related to practice as a licensed health care provider;
(d) subjecting a licensed health care provider to disciplinary action for a period of morethan 30 days;
(e) a finding that a licensed health care provider has violated professional standards orethics;
(f) a finding of incompetence in practice as a licensed health care provider;
(g) a finding of acts of moral turpitude by a licensed health care provider; or
(h) a finding that a licensed health care provider is engaged in abuse of alcohol or drugs.
(4) This section does not prohibit any action by a health care facility, or professionalsociety comprised primarily of licensed health care providers to suspend, restrict, or revoke theemployment, privileges, or membership of a health care provider.
(5) The data and information obtained in accordance with this section is classified as a"protected" record under Title 63G, Chapter 2, Government Records Access and ManagementAct.
(6) (a) Any person or organization furnishing information in accordance with this sectionin response to the request of the division or a board, or voluntarily, is immune from liability withrespect to information provided in good faith and without malice, which good faith and lack ofmalice is presumed to exist absent clear and convincing evidence to the contrary.
(b) The members of the board are immune from liability for any decisions made oractions taken in response to information acquired by the board if those decisions or actions aremade in good faith and without malice, which good faith and lack of malice is presumed to exist
absent clear and convincing evidence to the contrary.
(7) An individual who is a member of a hospital administration, board, committee,department, medical staff, or professional organization of health care providers is, and anyhospital, other health care entity, or professional organization conducting or sponsoring thereview, immune from liability arising from participation in a review of a health care provider'sprofessional ethics, medical competence, moral turpitude, or substance abuse.
(8) This section does not exempt a person licensed under Title 58, Occupations andProfessions, from complying with any reporting requirements established under state or federallaw.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session