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.     

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LC01502/SUB A

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