§ 23-17-25. Privileges and immunities for peer review activities.
(a) Neither the proceedings nor the records of peer review boards as defined in § 5-37-1 shall be subject to discovery or be admissible in evidence in any case save litigation arising out of the imposition of sanctions upon a physician. However, any imposition or notice of a restriction of privileges or a requirement of supervision imposed on a physician for unprofessional conduct as defined in § 5-37-5.1 shall be subject to discovery and be admissible in any proceeding against the physician for performing, or against any health care facility or health care provider which allows the physician to perform the medical procedures which are the subject of the restriction or supervision during the period of the restriction or supervision or subsequent to that period. Nothing contained in this section shall apply to records made in the regular course of business by a hospital or other provider of health care information. Documents or records otherwise available from original sources are not to be construed as immune from discovery or used in any civil proceedings merely because they were presented during the proceedings of the committee.
(b) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed peer review board operated pursuant to written by-laws, for any act or proceeding undertaken or performed within the scope of the functions of any peer review board.
(c) There shall be no monetary liability on the part of, and no cause of action for damage shall arise against, any person on account of the communication of information in the possession of the person to any peer review board or the board of medical licensure and discipline, when the communication is intended to aid in the evaluation of the qualifications, fitness, or character of a practitioner of the healing arts, 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 shall have the benefit of the state action exemption to the state antitrust law.
History of Section.P.L. 1976, ch. 244, § 5; G.L. 1956, § 23-16-23; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-25; P.L. 1986, ch. 350, § 12.
Structure Rhode Island General Laws
Chapter 23-17 - Licensing of Healthcare Facilities
Section 23-17-1. - Short title.
Section 23-17-2. - Definitions.
Section 23-17-3. - Purpose of provisions.
Section 23-17-4. - License required for healthcare facility operation.
Section 23-17-4.1. - Rules and regulations for school-based health centers.
Section 23-17-5. - Application for license.
Section 23-17-5.2. - Additional information required for license renewal of all nursing facilities.
Section 23-17-6. - Issuance of license — Posting — Transfer — Conditions.
Section 23-17-7. - Expiration and renewal of license.
Section 23-17-8. - Denial, suspension, or revocation of license.
Section 23-17-8.1. - Curtailment of activities.
Section 23-17-9. - Judicial review of license action.
Section 23-17-10.1. - Financial regulation of health maintenance organizations.
Section 23-17-10.3. - Special care unit disclosure by facilities.
Section 23-17-10.5. - Medical director and attending physician file.
Section 23-17-10.6. - Nursing facility wandering hazard prevention plans.
Section 23-17-11. - Abortion and sterilization — Protection for nonparticipation — Procedure.
Section 23-17-12. - Inspections — Nursing facilities.
Section 23-17-12.1. - Scope of inspections.
Section 23-17-12.2. - Time for correction of defects.
Section 23-17-12.3. - Penalty for violation of §§ 23-17-12 — 23-17-12.2.
Section 23-17-12.4. - Enforcement of §§ 23-17-12 — 23-17-12.2.
Section 23-17-12.5. - Complaints — Nursing homes.
Section 23-17-12.6. - Independent quality monitor, quality consultant and temporary manager.
Section 23-17-12.7. - Adverse change in financial condition.
Section 23-17-12.8. - Posting of nursing staff levels in nursing facilities.
Section 23-17-12.9. - Resident and family notification.
Section 23-17-12.10. - Quality predictive modeling — Established.
Section 23-17-12.11. - Nursing facility quality improvement program.
Section 23-17-13.1. - Health services council.
Section 23-17-14. - Functions of health services council.
Section 23-17-14.1. - Immunity for council members.
Section 23-17-14.2. - Compensation.
Section 23-17-14.3. - Review criteria.
Section 23-17-14.4. - Procedures for review.
Section 23-17-15. - Information confidential.
Section 23-17-15.1. - Reports public.
Section 23-17-16. - Annual report of activities.
Section 23-17-17. - Penalty for operation of unlicensed health care facility.
Section 23-17-18. - Obtaining treatment or services under false pretenses.
Section 23-17-19. - Injunction to restrain operation without license.
Section 23-17-19.1. - Rights of patients.
Section 23-17-19.2. - Posting of law.
Section 23-17-19.3. - Patients’ visitation rights.
Section 23-17-20. - Inapplicability.
Section 23-17-21. - Power of enforcement.
Section 23-17-22. - Severability.
Section 23-17-23. - Hospital disciplinary powers.
Section 23-17-24. - Internal risk management program.
Section 23-17-25. - Privileges and immunities for peer review activities.
Section 23-17-26. - Emergency health care.
Section 23-17-27. - Disclosure of nonparticipation in hospital service plan.
Section 23-17-28. - Health care cost containment.
Section 23-17-29. - Applicability.
Section 23-17-30. - Blood or tissue transfer services.
Section 23-17-31. - Human immunodeficiency virus (HIV) testing — Hospitals.
Section 23-17-31.1. - Human immunodeficiency virus (HIV) testing — Facilities for drug users.
Section 23-17-32. - Mammograms — Quality assurance standards.
Section 23-17-33. - Pap smears — Quality assurance standards.
Section 23-17-35. - Prior criminal records checks.
Section 23-17-36. - Rules and regulations.
Section 23-17-37. - Disqualifying information.
Section 23-17-38. - Establishment of fees.
Section 23-17-38.1. - Hospitals — Licensing fee.
Section 23-17-39. - Immunity from liability.
Section 23-17-40. - Hospital and freestanding emergency-care facility events reporting.
Section 23-17-41. - Employer/employee relationships.
Section 23-17-42. - Home nursing care providers — Uncompensated care provisions.
Section 23-17-43. - Charity care requirements.
Section 23-17-45. - Quality standards for volume related tertiary services.
Section 23-17-46. - Financial interest disclosure.
Section 23-17-47. - Identification badges.
Section 23-17-48. - Labor disputes/actions.
Section 23-17-49. - Surgical procedures — General provisions.
Section 23-17-51. - Magnetic resonance imaging — Quality assurance standards.
Section 23-17-52. - Department of health concern line.
Section 23-17-53. - Physician contracts.
Section 23-17-54. - Provisions of interpreter services.
Section 23-17-55. - Severability.
Section 23-17-56. - School based health centers — Special requirements and exceptions.
Section 23-17-59. - Safe patient handling.
Section 23-17-60. - Compilation and publication of the charges for common hospital procedures.
Section 23-17-61. - Written estimates for hospital medical services.
Section 23-17-62. - Criminal records review — Long-term care hospital.
Section 23-17-63. - Patient safety — Circulating nurses required in operating rooms.
Section 23-17-64. - Influenza immunization.
Section 23-17-65. - Transparency of ownership in healthcare facilities.