(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) A physician shall be notified promptly when he or she is referred for an investigation for a possible professional review action.
(2) A physician has an absolute right to seek legal representation and engage an attorney to advise and assist the physician concerning any phase of a professional review activity.
(c) (1) (A) If at any stage of a professional review activity, an attorney is participating on behalf of a peer review body, then the physician under review also shall be permitted to have independent legal counsel participating in the peer review activity.
(B) This provision does not entitle the physician's attorney to appear at any proceeding where an attorney participating on behalf of the peer review body is not present, except as provided in subdivision (g)(1) of this section.
(2) (A) If the attorney representing or advising a professional review body is employed by the hospital or from a firm regularly utilized by the hospital, the physician may request that the peer review body use an attorney not employed by the hospital or from a firm regularly utilized by the hospital.
(B) If the peer review body declines to do so, and if review is had under § 20-9-1307, the court shall consider the impact of this decision, if any, in determining whether to grant equitable relief.
(d) The hospital shall provide all relevant information to the professional review body and the physician, whether inculpatory or exculpatory to the hospital or physician.
(e) During an investigation, the physician under review shall be given the opportunity to discuss the case with the individual or individuals conducting a professional review activity prior to any recommendation or decision that adversely affects, or may affect, the physician.
(f) 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.
(g) (1) If a hearing is held in connection with a professional review action, the physician who is the subject of the professional review action has the right to:
(A) Be present and present evidence on his or her own behalf; and
(B) Be represented by an attorney or another individual of the physician's choice at the hearing.
(2) If the professional review body uses a hearing officer or arbitrator for a proceeding related to a professional review action, the individual serving in this role shall be independent and shall not be employed by the hospital or from a firm that regularly represents either the hospital or the physician who is under review.
(h) If a professional review body determines that it is appropriate under the circumstances, the professional review body may:
(1) Engage independent legal counsel to review a professional review action before a final recommendation is made or final professional review action is taken; or
(2) Engage an independent and qualified third party to assist with conducting all or part of the professional review activity.
(i) A physician under review shall be afforded a reasonable opportunity to challenge the impartiality of a hearing officer, arbitrator, or member of a hearing panel for a professional review action.
Section: Previous 20-9-1302 20-9-1303 20-9-1304 20-9-1305 20-9-1306 20-9-1307 20-9-1308 NextLast modified: November 15, 2016