Chapter 17 - Professional Standard Review Organizations
CHAPTER 17 - PROFESSIONAL STANDARD REVIEW ORGANIZATIONS
35-17-101. Definition.
(a) As used in this act:
(i) "Professional standard review organizations"means:
(A) Any medical, dental, optometric, nursing, osteopathic orpharmacy organization or a local, county, or state medical, dental, optometric,nursing, osteopathic and pharmacy society and any such society itself when suchorganization or society is performing any medical, dental, nursing, optometric,osteopathic and pharmacy review function or involving any controversy ordispute between a physician, dentist, optometrist, nurse, osteopath andpharmacist and a patient concerning the diagnosis, treatment, or care of suchpatient or the fees or charges therefor, or a physician, dentist, optometrist,nurse, osteopath or pharmacist and a provider of medical, dental, optometric,nursing, osteopathic and pharmacy benefits concerning any medical, dental,nursing, optometric, osteopathic, pharmacy or other health charges or fees ofsuch physician, dentist, optometrist, nurse, osteopath or pharmacist;
(B) A committee of a medical staff in a hospital having theresponsibility of evaluation and improvement of the quality of care rendered inthe hospital;
(C) A committee functioning to review, pursuant to federal orstate laws, the operation of hospital or extensive care facilities; or
(D) A committee having the responsibility of evaluation andimprovement of the quality of care rendered in a long-term care facility.
35-17-102. Authority to establish professional standard revieworganizations.
Anylocal, county or state medical, dental, nursing, optometric, osteopathic, orpharmacy society in Wyoming is hereby authorized to establish a professionalstandard review organization as defined in W.S. 35-17-101.
35-17-103. Exemption from liability; exception.
Anyprofessional standard review organization or a society or person renderingservices as a member of a professional standard review organization functioningpursuant to this act is not liable either independently or jointly for anycivil damages as a result of acts or omissions in his capacity as a member of anysuch organization or society. Such persons or organizations or societies arenot immune from liability for intentional or malicious acts or omissionsresulting in harm or any grossly negligent acts or omissions resulting in harm.
35-17-104. Exemption from liability for witnesses.
(a) Notwithstanding any other provision of law, no personproviding information to any professional standard review organization shall beheld, by reason of having provided such information, to have violated anycriminal law, or to be civilly liable under any law unless:
(i) The information is unrelated to the performance of theduties and functions of the professional standard review organization; or
(ii) The information is false and the person providing theinformation knew or had reason to know that the information was false.
35-17-105. Information of review organizations to be confidential andprivileged.
Allreports, findings, proceedings and data of the professional standard revieworganizations is confidential and privileged, and is not subject to discoveryor introduction into evidence in any civil action, and no person who is inattendance at a meeting of the organization shall be permitted or required totestify in any civil action as to any evidence or other matters produced orpresented during the proceedings of the organization or as to any findings,recommendations, evaluations, opinions or other actions of the organization orany members thereof. However, information, documents or other records otherwiseavailable from original sources are not to be construed as immune fromdiscovery or use in any civil action merely because they were presented duringproceedings of the organization, nor should any person who testifies before theorganization or who is a member of the organization be prevented fromtestifying as to matters within his knowledge, but that witness cannot be askedabout his testimony before the organization or opinions formed by him as aresult of proceedings of the organization.
35-17-106. Election to be covered by federal immunity.
(a) The state of Wyoming elects to be immediately covered bythe immunity granted by the Health Care Quality Improvement Act of 1986, P.L.99-660, Title IV adopted by Congress in 1986, to the extent authorized, as ofthe effective date of this section for all health care professional reviewbodies as defined in the act and for:
(i) The board of dental examiners, W.S. 33-15-101 through33-15-131;
(ii) The state board of nursing, W.S. 33-21-120 through33-21-156;
(iii) The state board of examiners in optometry, W.S. 33-23-101through 33-23-117;
(iv) The state board of pharmacy, W.S. 33-24-101 through33-24-151;
(v) The state board of medicine, W.S. 33-26-201 through33-26-203;
(vi) The board of registration in podiatry, W.S. 33-9-101through 33-9-113; and
(vii) The board of chiropractic examiners, W.S. 33-10-101 through33-10-117.
(b) Boards named in subsection (a) of this section shall complywith the physician reporting requirements as set forth in P.L. 99-660, TitleIV.