§ 5-29-19. Podiatry peer review.
(a) Notwithstanding other provisions of this chapter, healthcare providers may make confidential
healthcare information available to podiatry peer-review committees without authorization.
(b) Confidential healthcare information before a podiatry peer-review committee remains
strictly confidential, and any person found guilty of the unlawful disclosure of that
information is subject to the penalties provided in this chapter.
(c) Except as provided in this section, the proceedings and records of podiatry peer-review
committees are not subject to discovery or introduction into evidence. No person who
was in attendance at a meeting of the committee is permitted or required to testify
as to any matters presented during the proceedings of the committee or as to any finding,
recommendations, evaluations, opinions, or other actions of the committee or any members
of the committee. Confidential healthcare information was presented during proceedings
before that committee, or is a member of that committee or other person appearing
before it to be prevented from testifying as to matters within his or her knowledge
and in accordance with the other provisions of this chapter, but the witness cannot
be questioned about his or her testimony or other proceedings before the podiatry
peer-review committee or about opinions formed by him or her as a result of those
proceedings.
(d) The provisions of subsection (c) of this section limiting discovery and testimony
do not apply in any legal action brought by a podiatry peer-review committee to restrict
or revoke a podiatrist's hospital staff privilege, or his or her license to practice
podiatry, or to cases where a member of the podiatry peer-review committee or the
legal entity that formed that committee or within which that committee operates is
sued for actions taken by the committee; provided, that in that legal action, personally
identifiable confidential healthcare information shall not be used without written
authorization of the person or his or her authorized representative or upon court
order.
(e) Nothing in this chapter shall limit the authority, which may be provided by law, of
the board of examiners in podiatry to require a podiatry peer-review committee to
report to it any disciplinary actions or recommendations of the committee, or to transfer
to it records of the committee's proceedings or actions, including confidential podiatry
information, or restrict or revoke a podiatrist's license to practice podiatry; provided,
that in the legal action, personally identifiable confidential healthcare information
shall not be used without written authorization of the person or his or her authorized
representative or upon court order.
(f) No member of a podiatry review committee nor the legal entity that formed or within
which the committee operates nor any person providing information to the committee
is criminally or civilly liable for the performance of any duty, function, or activity
of the committee or based upon providing information to the committee; provided, that
the action is without malice and is based upon a reasonable belief that the action
is warranted.