§ 5-37-9. Reports relating to professional conduct and capacity — Regulations — Confidentiality
— Immunity.
In addition to the requirements of § 42-14-2.1:
(1) The board, with the approval of the director, may adopt regulations requiring any
person, including, but not limited to, corporations, healthcare facilities, health-maintenance
organizations, organizations, federal, state, or local governmental agencies, and
peer-review boards to report to the board any conviction, determination, or finding
that a licensed physician has committed unprofessional conduct as defined by § 5-37-5.1, or to report information that indicates that a licensed physician may not be able
to practice medicine with reasonable skill and safety to patients as the result of
any mental or physical condition. The regulations shall include the reporting requirements
of subsections (2)(i), (2)(ii), and (2)(iii) of this section.
(2) The following reports, in writing, shall be filed with the board:
(i) Every insurer providing professional liability insurance to a physician licensed under
the provisions of this chapter shall send a complete report to the board presenting
notice of any civil action filed, settlement of any claim or cause of action, or final
judgment rendered in any cause of action for damages for death or personal injury
caused by the physician's negligence, error, or omission in practice, or his or her
rendering of unauthorized professional services. This report shall be sent within
thirty (30) days after notice of any civil action filed, settlement, judgment, or
arbitration award. All of these reports shall present an in-depth factual summary
of the claim in question. Commencing July 1, 1997, all reports of final judgments
or settlements shall specify the class or category of risk for which the physician
is insured identified by Insurance Services Organization ("ISO�) Code and, in the
case of joint and several liability, shall specify the portion of the total award
paid by or on behalf of the physician.
(ii) All hospital and licensed healthcare facilities including, but not limited to, nursing
homes and health-maintenance organizations and the director of health must report
to the board within thirty (30) days of this action, any action, disciplinary or otherwise,
taken for any reason, that limits, suspends, or revokes a physician's privilege to
practice or requires supervision of a physician, either through formal action by the
institution or facility or through any voluntary agreement with the physician.
(iii) Within ten (10) days after a judgment by a court of this state that a physician licensed
under the provisions of this chapter has been convicted of a crime or is civilly liable
for any death or personal injury caused by his or her negligence, error, or omission
in his or her practice, or his or her rendering unauthorized professional services,
the clerk of the court that rendered this judgment shall report the judgment to the
board.
(3) The board shall publicly report any change of privilege, of which it is aware, to
the board of trustees or other appropriate body of all licensed hospitals, licensed
healthcare facilities, health-maintenance organizations, and other parties, as the
board deems appropriate, within thirty (30) days. Except as required by § 5-37-9.2 notwithstanding the provisions of this subsection, the board may, in instances where
the change of privilege is not related to quality of patient care, elect not to disseminate
the report of change in privilege. This election may be made in executive session
and no decision not to disseminate shall be made except by majority vote of the members
present at the meeting and only upon a finding of fact by the board after inquiry
that the change of privilege was not related to quality of patient care.
(4) Except as provided in § 5-37-9.2, the contents of any report file shall be confidential and exempt from public disclosure,
except that it may be reviewed:
(i) By the licensee involved or his or her counsel or authorized representative who may
submit any additional exculpatory or explanatory statements or other information,
which statements or other information is included in the file; or
(ii) By the chief administrative officer, a representative of the board, or investigator
of the board, who has been assigned to review the activities of a licensed physician.
(5) Upon determination that a report is without merit, the board's records may be purged
of information relating to the report.
(6) If any person refuses to furnish a required report, the board may petition the superior
court of any county in which the person resides or is found, and the court shall issue
to this person an order to furnish the required report. Any failure to comply with
this order constitutes civil contempt.
(7) Every individual, medical association, medical society, hospital, healthcare facility,
health-maintenance organization, peer-review board, medical-service bureau, health-insurance
carrier or agent, professional-standards review organization, and agency of the federal,
state, or local government is immune from civil liability, whether direct or derivative,
for providing information in good faith to the board pursuant to this section or the
regulations outlined in subsection (1) of this section or requirements of subsection
(2) of this section.
(8) Nondisclosure agreements are prohibited insofar as they forbid parties from making
reports regarding competency and/or unprofessional conduct to the board of medical
licensure and discipline.
(9) The board, with the approval of the director, shall promulgate rules and regulations
prescribing standards for hospital or health-maintenance organization supervision
of physicians by peer-review committees. These regulations shall require that each
hospital or health-maintenance organization report annually to the board the activities,
findings, studies, and determinations of its peer-review committees.