§ 20-9-1304. Standards for professional review actions and professional review activities
(a) Professional review activity shall be conducted and professional review actions shall be taken in compliance with the requirements of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., and the additional requirements of this subchapter. (b) (1) If at any meeting or hearing held in the course of a […]
§ 20-9-1306. Suspensions
(a) If failure to take a professional review action may result in an imminent danger to the health of any individual, the hospital may immediately suspend or restrict the medical staff membership or clinical privileges of a physician. (b) If an action is taken under subsection (a) of this section, then the hospital shall follow […]
§ 20-9-1308. Relationship to other laws and regulations
(a) (1) Except as provided in subsection (b) of this section, professional review activities are within the categories of records and proceedings that are exempt from discovery and disclosure under state law, including without limitation § 16-46-105(a)(1) and § 20-9-503. (2) This subchapter does not affect the admissibility in evidence in any action or proceeding […]
§ 20-9-1309. Standards for investigations
(a) A physician shall be informed in writing within five (5) business days of the date that the physician becomes a subject of an investigation. (b) Before a professional review body makes a recommendation as a result of an investigation, the physician under review shall be given an opportunity to have a meeting with the […]
§ 20-9-1310. Standards for hearings and related matters
(a) (1) A physician who is the subject of a proposed professional review action shall be given notice of the proposed professional review action, the basis for the proposed professional review action, and the right to a hearing. (2) Subdivision (a)(1) of this section does not entitle a physician to a hearing if the proposed […]
§ 20-9-1311. Nonwaivable
(a) Unless part of a mutually agreed upon mediation or settlement, a provision in an agreement, policy, procedure, or contract, including bylaws, that purports to waive any provision of this subchapter is void. (b) However, the time periods for compliance with procedural requirements may be waived by mutual consent of the parties on a case-by-case […]
§ 20-9-1312. Applicability
On and after August 1, 2017, this subchapter shall apply to any investigation or professional review activity at any stage.
§ 20-9-1313. Remedy
(a) Within sixty (60) days of a final decision that adversely affects a physician, a physician may file a petition to remedy a violation of this subchapter by filing the petition in: (1) The circuit court of the county in which the professional review activity occurred; or (2) The circuit court of an adjoining county. […]
§ 20-9-1401. Definitions
As used in this subchapter: (1) “Child care facility” means a facility licensed under the Child Care Facility Licensing Act, § 20-78-201 et seq.; (2) “Freestanding birthing center” means a facility, institution, or place, which is not an ambulatory surgical center or a hospital or in a hospital, organized to provide family-centered maternity care for […]
§ 20-9-1402. Shaken baby syndrome education program established
(a) The Secretary of the Department of Health shall establish the shaken baby syndrome education program by: (1) Not later than one (1) year after August 16, 2013, developing educational materials that present readily comprehensible information for new parents on shaken baby syndrome; and (2) Making available on the Department of Health website in an […]