2012 -- H 7459

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LC00249

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY - EMERGENCY MEDICAL TRANSPORTATION

SERVICES

     Introduced By: Representatives Reilly, Nunes, Morgan, and McLaughlin

     Date Introduced: February 09, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-4.1-18 of the General Laws in Chapter 23-4.1 entitled

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"Emergency Medical Transportation Services" is hereby amended to read as follows:

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     23-4.1-18. Peer review boards -- Definition, activities and immunities. -- (a) For the

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purposes of this chapter, "peer review board" means any committee of a state or local

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professional association or society, or any committee authorized by the director of the department

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of health, or a committee of any licensed emergency medical service employing practicing

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licensed emergency medical personnel, organized for the purpose of furnishing emergency

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medical services, the function of which, or one of the functions of which, is to evaluate and

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improve the quality of health care rendered by providers of health care service or to determine

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that health care services rendered were professionally indicated or were performed in compliance

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with the applicable standard of care or that the cost of health care rendered was considered

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reasonable by the providers of professional health care services in the area.

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      (b) The proceedings and associated records of peer review boards shall be confidential

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and shall not be subject to discovery or be admissible in evidence in any case except litigation

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arising out of the imposition of sanctions upon an emergency medical technician. However, any

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imposition or notice of a restriction of privileges, or a requirement of supervision imposed on an

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emergency medical technician for failure to comply with the provisions or standards of this

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chapter, and any regulations promulgated pursuant to section 23-4.1-10, shall be subject to

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discovery and be admissible in any proceeding against the emergency medical technician for

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performing, or against any licensed emergency medical service which allows the emergency

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medical technician to perform, the procedures which are the subject of the restriction or

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supervision during the period of the restriction or supervision, or subsequent to that period.

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Nothing contained in this section shall apply to records made in the regular course of business by

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an emergency medical service or other provider of health care information. Documents or records

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otherwise available from original sources are not to be construed as immune from discovery or

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use in any civil proceedings merely because they were presented during the proceedings of the

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committee.

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      (c) There shall be no monetary liability on the part of, and no cause of action for

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damages shall arise, against any member of a duly appointed peer review board operated pursuant

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to written bylaws, for any act or proceeding undertaken or performed within the scope of the

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functions of any peer review board.

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      (d) There shall be no monetary liability on the part of, and no cause of action for

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damages shall arise against, any person on account of the communication of information to any

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peer review board or the department of health or the ambulance service advisory board, when the

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communication is intended to aid in the evaluation of the qualifications, fitness, or character of an

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emergency medical technician, and does not represent as true any matter not reasonably believed

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to be true. Said communication of information, including run reviews and meetings of emergency

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medical technicians designed to analyze procedures of emergency medical technicians shall be

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confidential, and shall not be subject to discovery or be admissible in evidence in any case, except

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litigation arising out of the imposition of sanctions upon an emergency medical technician.

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      (e) Any peer review processes authorized by statute and carried out in good faith shall

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have the benefit of the state action exemption to the state antitrust law.

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     SECTION 2. This act shall take effect upon passage.

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LC00249

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - EMERGENCY MEDICAL TRANSPORTATION

SERVICES

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     This act would provide that run reviews and meetings held by emergency medical

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technicians for the purpose of analyzing procedures and delivery of services be confidential and

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exempt from discovery in legal proceedings.

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     This act would take effect upon passage.

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LC00249

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