Idaho State Statutes - Idaho Attorney Directory

NOTIFICATION OF PROFESSIONAL REVIEW ACTION IMPOSED UPON
PHYSICIAN OR EMERGENCY MEDICAL SERVICES PERSONNEL. (1) Any health care
organization in this state that is by law required to conduct peer review or
which voluntarily formally elects to conduct professional review actions shall
notify the board of medicine of professional review actions taken against
physicians licensed in Idaho required to be reported as provided in this
section. Such reports shall be made to the board of medicine within fifteen
(15) days of completion of the professional review action by the health care
organization. For emergency medical services personnel, such reports shall be
made to the department of health and welfare within fifteen (15) days of
completion of the professional review action by the health care organization.
Such required reports shall be made on forms approved by the board of medicine
for reports concerning physicians, or the department of health and welfare for
reports concerning emergency medical services personnel, consistent with the
reporting requirements of this section. The reporting obligation shall not be
stayed by the filing of any court proceeding unless otherwise ordered by the
court.
(2) A health care organization in Idaho shall report to the board of
medicine if it:
(a) Takes a professional review action against a physician licensed in
Idaho and imposes a sanction of the type included in subsection (3) of
this section which lasts longer than thirty (30) days; or
(b) Accepts a voluntary sanction by a physician licensed in Idaho of the
type identified in subsection (3) of this section while the physician is
under investigation or to avoid investigation by the health care
organization relating to the professional competence or professional
conduct of the physician or in exchange for the health care organization
not conducting such an investigation or initiating a professional review
action, if the sanction lasts longer than thirty (30) days.
(3) Professional review action sanctions against a physician which must
be reported to the board of medicine pursuant to subsection (2) of this
section, whether voluntary or involuntary, shall be:
(a) Restriction or limitation of privileges;
(b) Revocation of privileges;
(c) Suspension of privileges;
(d) Reduction of privileges;
(e) Denial of a request for initial privileges;
(f) Submission to monitoring of the physician's physical or mental
condition;
(g) Submission to monitoring of the physician's delivery of medical
services other than to assess and monitor the physician's qualifications
for new or additional privileges;
(h) Surrender of privileges;
(i) Summary suspension or reduction of privileges lasting longer than
thirty (30) days;
(j) Termination of employment;
(k) Suspension of employment lasting longer than thirty (30) days.
(4) The reporting requirements of this section shall not apply to:
(a) Actions based on compliance with medical records or confidentiality
requirements of a health care organization;
(b) Voluntary requests for assistance or monitoring by a physician as
part of an educational process to improve physician skills or enhance
patient care when unrelated to a professional review action concerning the
quality or necessity of patient medical care;
(c) Voluntary or involuntary revocation, nonrenewal, denial, reduction,
restriction, resignation, or limitation of privileges or employment of a
physician based upon factors not directly impacting the quality of patient
care or safety of practice of the physician;
(d) Adverse actions taken against a physician by a health care
organization that is not required by law to conduct peer review and that
has not voluntarily formally elected to conduct professional review
actions; and
(e) The denial of a physician's request for additional privileges or
credentials with a health care organization.
(5) The report to the board of medicine required by this section shall
include a statement of the quality of care concerns or professional conduct
that is the basis of the professional review action or investigation and the
reportable professional review action sanction voluntarily accepted or
involuntarily imposed.
(6) A health care organization required to report a professional review
action concerning a physician to the board of medicine pursuant to this
section shall, if requested by the board of medicine, provide to the board the
following:
(a) A statement of the specific quality of care concerns or professional
conduct which resulted in the professional review action sanction;
(b) A statement of the specific professional review action sanction; and
(c) Any patient care records of the health care organization regarding
the care provided by the reported physician. However, the board of
medicine may not request or require production of any peer review records
from any person or health care organization, including the identification
of which particular patient care records were selected for, or reviewed,
examined or discussed in any peer review activity of a health care
organization, or the method used by the health care organization to select
such patient care records for peer review.
(7) The records lawfully requested by the board of medicine pursuant to
subsection (6) of this section shall be provided by the health care
organization without a subpoena or court order. If the health care
organization fails to comply with the board of medicine's lawful request, the
board may petition the district court for an order compelling compliance with
the board's request, which shall be granted if disclosure is required by law.
(8) Professional review action sanctions against emergency medical
services personnel, whether voluntary or involuntary, which are the result of
any action, conduct, or failure to act which is inconsistent with the
professionalism and/or standards established in the rules governing emergency
medical services personnel as promulgated by the department of health and
welfare must be reported to the department of health and welfare.
(9) The report to the department of health and welfare required by this
section shall include a statement of the quality of care concerns or
professional conduct that is the basis of the professional review action or
investigation and the reportable professional review action sanction
voluntarily accepted or involuntarily imposed.
(10) Any person or health care organization that provides notification as
required by law, or in a good faith belief that such notification is required
by law, shall be immune from any civil or other liability arising from
providing the notification. Such immunity shall likewise pertain to the
provision of files, records and information a health care organization may in
good faith provide to the board of medicine pursuant to this section or other
applicable law. Such materials provided to the board of medicine shall be
subject to disclosure by the board according to chapter 3, title 9, Idaho
Code, and available only to the board of medicine and its staff unless and
until such matter becomes the subject of formal proceedings by or before the
board of medicine or authorized by it.

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