§ 35-2-910 — Quality management functions for health care facilities; confidentiality; immunity; whistle blowing; peer review

(a) Each licensee shall implement a quality management
function to evaluate and improve patient and resident care and
services in accordance with rules and regulations promulgated by
the division. Quality management information relating to the
evaluation or improvement of the quality of health care services
is confidential. Any person who in good faith and within the
scope of the functions of a quality management program
participates in the reporting, collection, evaluation, or use of
quality management information or performs other functions as
part of a quality management program with regard to a specific
circumstance shall be immune from suit in any civil action based
on such functions brought by a health care provider or person to
whom the quality information pertains. In no event shall this
immunity apply to any negligent or intentional act or omission
in the provision of care.
(b) Health care facilities subject to or licensed pursuant
to this act shall not harass, threaten discipline or in any
manner discriminate against any resident, patient or employee of
any health care facility for reporting to the division a
violation of any state or federal law or rule and regulation.
Any employee found to have knowingly made a false report to the
division shall be subject to disciplinary action by the
employing health care facility, including but not limited to,
dismissal.
(c) No hospital shall be issued a license or have its
license renewed unless it provides for the review of
professional practices in the hospital for the purpose of
reducing morbidity and mortality and for the improvement of the
care of patients in the hospital. This review shall include,
but not be limited to:
(i) The quality and necessity of the care provided to
patients as rendered in the hospital;
(ii) The prevention of complications and deaths
occurring in the hospital;
(iii) The review of medical treatments and diagnostic
and surgical procedures in order to ensure safe and adequate
treatment of patients in the hospital; and
(iv) The evaluation of medical and health care
services and the qualifications and professional competence of
persons performing or seeking to perform those services.
(d) The review required in subsection (c) of this section
shall be performed according to the decision of a hospital's
governing board by:
(i) A peer review committee appointed by the
organized medical staff of the hospital;
(ii) A state, local or specialty medical society; or
(iii) Any other organization of physicians
established pursuant to state or federal law and engaged by the
hospital for the purposes of subsection (c) of this section.