Chapter
242
2005 -- S 0562 SUBSTITUTE A
Enacted 07/08/05
A N A C T
RELATING TO EMERGENCY MEDICAL TRANSPORTATION SERVICES
Introduced By: Senator Leo R. Blais
Date Introduced: February
10, 2005
It is enacted by the General Assembly as
follows:
SECTION
1. Chapter 23-4.1 of the General Laws entitled "Emergency Medical
Transportation
Services" is hereby amended by adding thereto the following section:
23-4.1-18.
Peer review boards -- Definition, activities and immunities. – (a)
For the
purposes
of this chapter, "peer review board" means any committee of a state
or local
professional
association or society or any committee authorized by the director of the
department
of
health, or a committee of any licensed emergency medical service employing
practicing
licensed
emergency medical personnel, organized for the purpose of furnishing emergency
medical
services, the function of which, or one of the functions of which, is to
evaluate and
improve
the quality of health care rendered by providers of health care service or to
determine
that
health care services rendered were professionally indicated or were performed
in compliance
with
the applicable standard of care or that the cost of health care rendered was
considered
reasonable
by the providers of professional health care services in the area.
(b)
The proceedings and associated records of peer review boards shall not be
subject to
discovery
or be admissible in evidence in any case except litigation arising out of the
imposition
of
sanctions upon an
emergency medical technician. However, any imposition or notice of a
restriction
of privileges, or a requirement of supervision imposed on an emergency medical
technician
for failure to comply with the provisions or standards of this chapter, and any
regulations
promulgated pursuant to section 23-4.1-10, shall be subject to discovery and be
admissible
in any proceeding against the emergency medical technician for performing, or
against
any
licensed emergency medical service which allows the emergency medical
technician to
perform,
the 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 an emergency medical
service 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 use in any civil
proceedings merely
because
they were presented during the proceedings of the committee.
(c)
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
bylaws, for any act or proceeding undertaken or performed within the scope of
the
functions
of any peer review board.
(d)
There shall be no monetary liability on the part of, and no cause of action for
damages
shall
arise against, any person on account of the communication of information to any
peer
review
board or the department of health or the ambulance service advisory board, when
the
communication
is intended to aid in the evaluation of the qualifications, fitness, or
character of an
emergency
medical technician, and does not represent as true any matter not reasonably
believed
to be
true.
(e)
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.
SECTION 2. This act shall take effect upon passage.
=======
LC01502/SUB A
=======