§ 20-9-1301. Title
This subchapter shall be known and may be cited as the “Arkansas Peer Review Fairness Act”.
§ 20-9-1302. Findings and intent
(a) The General Assembly finds that: (1) The peer review process is well established as an acceptable means of monitoring quality and improving care within an institution; (2) (A) The peer review process faces unique challenges in the hospital setting compared to other healthcare settings due to the interdependent relationship between the hospital and medical […]
§ 20-9-1303. Definitions
As used in this subchapter: (1) “Adversely affect”, when used in reference to clinical privileges or medical staff membership, means deny, reduce, restrict, suspend, revoke, or fail to renew; (2) “Conflict of interest” means a personal or financial interest that would lead an objective person to conclude that it would be difficult for the person […]
§ 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. […]