Pennsylvania Act 1974-193 — PEER REVIEW PROTECTION ACT

Act text

PEER REVIEW PROTECTION ACT
                 Act of Jul. 20, 1974, P.L. 564, No. 193              Cl. 35
                                  AN ACT

     Providing for the increased use of peer review groups by giving
        protection to individuals and data who report to any review
        group.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Short Title.--This act may be cited as the "Peer
     Review Protection Act."
        Section 2.  Definitions.--As used in this act:
        "Peer review" means the procedure for evaluation by
     professional health care providers of the quality and efficiency
     of services ordered or performed by other professional health
     care providers, including practice analysis, inpatient hospital
     and extended care facility utilization review, medical audit,
     ambulatory care review, claims review, and the compliance of a
     hospital, nursing home or convalescent home or other health care
     facility operated by a professional health care provider with
     the standards set by an association of health care providers and
     with applicable laws, rules and regulations. Peer review, as it
     applies to veterinarians, shall mean the procedure for
     evaluation by licensed doctors of veterinary medicine of the
     quality and efficiency of veterinary medicine ordered or
     performed by other doctors of veterinary medicine with the
     standards set by an association of doctors of veterinary
     medicine and with applicable laws, rules and regulations.
        "Professional health care provider" means:
        (1)  individuals or organizations who are approved, licensed
     or otherwise regulated to practice or operate in the health care
     field under the laws of the Commonwealth, including, but not
     limited to, the following individuals or organizations:
        (i)  a physician;
        (ii)  a dentist;
        (iii)  a podiatrist;
        (iv)  a chiropractor;
        (v)  an optometrist;
        (vi)  a psychologist;
        (vii)  a pharmacist;
        (viii)  a registered or practical nurse;
        (ix)  a physical therapist;
        (x)  an administrator of a hospital, nursing or convalescent
     home or other health care facility; or
        (xi)  a corporation or other organization operating a
     hospital, nursing or convalescent home or other health care
     facility; or
        (2)  individuals licensed to practice veterinary medicine
     under the laws of this Commonwealth.
        "Professional society" includes medical, veterinary,
     psychological, nursing, dental, optometric, pharmaceutical,
     chiropractic and podiatric organizations having as members at
     least a majority of the eligible licentiates in the area or
     health care facility or agency served by the particular society.
        "Review organization" means any committee engaging in peer
     review, including a hospital utilization review committee, a
     hospital tissue committee, a health insurance review committee,
     a hospital plan corporation review committee, a professional
     health service plan review committee, a dental review committee,
     a physicians' advisory committee, a veterinary review committee,
     a nursing advisory committee, any committee established pursuant
     to the medical assistance program, and any committee established
     by one or more State or local professional societies, to gather
     and review information relating to the care and treatment of
     patients for the purposes of (i) evaluating and improving the
     quality of health care rendered; (ii) reducing morbidity or
     mortality; or (iii) establishing and enforcing guidelines
     designed to keep within reasonable bounds the cost of health
     care. It shall also mean any hospital board, committee or
     individual reviewing the professional qualifications or
     activities of its medical staff or applicants for admission
     thereto. It shall also mean a committee of an association of
     professional health care providers reviewing the operation of
     hospitals, nursing homes, convalescent homes or other health
     care facilities.
        (2 amended Dec. 4, 1996, P.L.896, No.142)
        Section 3.  Immunity from Liability.--(a)  Notwithstanding
     any other provision of law, no person providing information to
     any review organization shall be held, by reason of having
     provided such information, to have violated any criminal law, or
     to be civilly liable under any law, unless:
        (1)  such information is unrelated to the performance of the
     duties and functions of such review organization, or
        (2)  such information is false and the person providing such
     information knew, or had reason to believe, that such
     information was false.
        (b)  (1)  No individual who, as a member or employee of any
     review organization or who furnishes professional counsel or
     services to such organization, shall be held by reason of the
     performance by him of any duty, function, or activity authorized
     or required of review organizations, to have violated any
     criminal law, or to be civilly liable under any law, provided he
     has exercised due care.
        (2)  The provisions of paragraph (1) of this subsection shall
     not apply with respect to any action taken by any individual if
     such individual, in taking such action, was motivated by malice
     toward any person affected by such action.
        Section 4.  Confidentiality of Review Organization's
     Records.--The proceedings and records of a review committee
     shall be held in confidence and shall not be subject to
     discovery or introduction into evidence in any civil action
     against a professional health care provider arising out of the
     matters which are the subject of evaluation and review by such
     committee and no person who was in attendance at a meeting of
     such committee shall be permitted or required to testify in any
     such civil action as to any evidence or other matters produced
     or presented during the proceedings of such committee or as to
     any findings, recommendations, evaluations, opinions or other
     actions of such committee or any members thereof: Provided,
     however, That information, documents or records otherwise
     available from original sources are not to be construed as
     immune from discovery or used in any such civil action merely
     because they were presented during proceedings of such
     committee, nor should any person who testifies before such
     committee or who is a member of such committee be prevented from
     testifying as to matters within his knowledge, but the said
     witness cannot be asked about his testimony before such a
     committee or opinions formed by him as a result of said
     committee hearings.
        (4 amended Oct. 5, 1978, P.L.1121, No.262)
        Section 5.  Effective Date.--This act shall take effect
     immediately.