§ 5-29-20. Privileges and immunities for peer-review activities.
(a) Neither the proceedings nor the records of peer-review boards are subject to discovery
or admissible in evidence in any case except litigation arising out of the imposition
of sanctions upon a podiatrist. Any imposition or notice of a restriction of privileges
or a requirement of supervision imposed on a podiatrist for unprofessional conduct
is subject to discovery and admissible in any proceeding against the podiatrist or
against any podiatry care facility or podiatry care provider that allows the podiatrist
to perform the podiatry procedures that are the subject of the res
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§ 5-29-20. Privileges and immunities for peer-review activities.
(a) Neither the proceedings nor the records of peer-review boards are subject to discovery
or admissible in evidence in any case except litigation arising out of the imposition
of sanctions upon a podiatrist. Any imposition or notice of a restriction of privileges
or a requirement of supervision imposed on a podiatrist for unprofessional conduct
is subject to discovery and admissible in any proceeding against the podiatrist or
against any podiatry care facility or podiatry care provider that allows the podiatrist
to perform the podiatry procedures that are the subject of the restrictions or supervision
during the period of any imposition or notice of a restriction of privileges or a
requirement of supervision, and applies to records made in the regular course of business
by a hospital or other provider of healthcare information. Documents or records available
from original sources are not to be construed as immune from discovery or use in any
civil proceedings merely because they were presented during the proceedings of the
committee.
(b) There is no monetary liability on the part of, and no cause of action for damages
arising against, any member of an appointed peer-review board operated pursuant to
written bylaws, for any act or proceeding undertaken or performed within the scope
of the functions of the board.
(c) There is no monetary liability on the part of, and no cause of action for damages
arising against, any person on account of the communication of information in the
possession of that person to any peer-review board or the board of examiners in podiatry
when the communication is intended to aid in the evaluation of the qualifications,
fitness, or character of a practitioner of podiatry and does not represent as true
any matter not reasonably believed to be true.
(d) Any peer-review processes authorized by statute and carried out in good faith have
the benefit of the state action exemption to the state antitrust law.