§ 5-54-23 - Reports relating to professional conduct and capacity – Regulations – Confidentiality – Immunity.
SECTION 5-54-23
§ 5-54-23 Reports relating to professionalconduct and capacity – Regulations – Confidentiality – Immunity.– In addition to the requirements of § 42-14-2.1:
(1) The board, with the approval of the director, shall adoptregulations requiring any person, including, but not limited to, corporations,health care facilities, health maintenance organizations, organizations andfederal, state, or local governmental agencies, or peer review boards to reportto the board any: conviction, determination, or finding that a licensedphysician assistant has committed unprofessional conduct as defined in §5-54-2, or to report information which indicates that a licensed physicianassistant may not be able to practice with reasonable skill and safety topatients as the result of any mental or physical condition. The regulationsshall include the reporting requirements of subdivision (2)(i), (ii), (iii) ofthis section.
(2) The following reports, in writing, shall be filed withthe board:
(i) Every insurer providing professional liability insuranceto a physician assistant licensed under the provisions of this chapter shallsend a complete report to the board reporting any formal notice of any claim,settlement of any claim or cause of action, or final judgment rendered in anycause of action for damages for death or personal injury caused by a physicianassistant's negligence, error or omission in practice or his or her renderingof unauthorized professional services. The report shall be sent within thirty(30) days after service of the complaint or notice, settlement, judgment, orarbitration award on the parties. All the reports present an in-depth factualsummary of the claim in question.
(ii) All hospital and licensed health care facilitiesincluding, but not limited to, nursing homes and health maintenanceorganizations and the division of drug control must report within thirty (30)days of this action, any action, disciplinary or otherwise, taken for anyreason, which limits, suspends, or revokes a physician assistant's privilege topractice, either through formal action by the institution or facility orthrough any voluntary agreement with the physician assistant.
(iii) Within ten (10) days after a judgment by a court ofthis state that a physician assistant licensed under the provisions of thischapter has been convicted of a crime or is civilly liable for any death orpersonal injury caused by his or her negligence, error or omission in his orher practice or his or her rendering unauthorized professional services, theclerk of the court which rendered the judgment shall report the judgment to theboard.
(3) The board shall publicly report any change of privileges,of which it is aware, to the board of trustees or other appropriate body of alllicensed hospitals, licensed health care facilities, health maintenanceorganizations and any other parties that the board deems appropriate, withinthirty (30) days; provided, that notwithstanding the provisions of thissubdivision, the board may, in instances where the change of privilege is notrelated to quality of patient care, elect not to disseminate the report ofchanged privileges. This election may be made in executive session and nodecision not to disseminate shall be made except by the majority vote of themembers present at the meeting and only upon a finding of fact by the boardafter inquiry that the change was not related to quality of patient care.
(4) The contents of any report file shall be confidential andexempt from public disclosure, except that it may be reviewed:
(i) By the licensee involved or his or her counsel orauthorized representative who submits any additional exculpatory or explanatorystatements or other information, which statements or information shall beincluded in the file, or
(ii) By the chief administrative officer, a representative ofthe board or investigator of the board, who shall be assigned to review theactivities of a licensed physician assistant.
(5) Upon determination that a report is without merit, theboard's records shall be purged of information relating to the report.
(6) If any person refuses to furnish a required report, theboard may petition the superior court of any county in which the person residesor is found, and the court shall issue to the person an order to furnish therequired report. Any failure to obey the order shall be punished by the courtas a civil contempt is punished.
(7) Every individual medical association, medical society,physician assistant professional organization, health care facility, healthmaintenance organization, peer review board, medical service bureau, healthinsurance carrier or agent, professional standards review organization, andagency of the federal, state, or local government shall be immune from civilliability, whether direct or derivative, for providing information in goodfaith to the board pursuant to this statute or the regulations outlined insubdivision (1) or requirements of subdivision (2) of this section.
(8) Nondisclosure agreements shall be prohibited insofar asthey forbid parties from making reports regarding competency and/orunprofessional conduct to the board.