§ 12-285-126 — Professional review committees - immunity

(1) A professional
review committee may be established pursuant to this section to investigate the
quality of care being given by a person licensed under this article 285. It shall
include in its membership at least three persons licensed under this article 285, but
the committee may be authorized to act only by:

(a) The board;

(b) A society or an association of physical therapists whose membership
includes not less than one-third of the persons licensed pursuant to this article 285
and residing in this state if the licensee whose services are the subject of review is
a member of the society or association; or

(c) A hospital licensed pursuant to part 1 of article 3 of title 25 or certified
pursuant to section 25-1.5-103 (1)(a)(II); except that the professional review
committee shall include in its membership at least a two-thirds majority of persons
licensed under this article 285. The review committee may function under the
quality management provisions of section 25-3-109.

(2) Any professional review committee established pursuant to subsection (1)
of this section shall report to the board any adverse findings that would constitute a
possible violation of this article 285.

(3) In addition to the persons specified in section 12-20-402, a member of a
professional review committee authorized by the board, a member of the
committee's staff, a person acting as a witness or consultant to the committee, a
witness testifying in a proceeding authorized under this article 285, and a person
who lodges a complaint pursuant to this article 285 is granted the same immunity,
and is subject to the same conditions for immunity, as specified in section 12-20-402.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1525, � 1, effective October 1.