2010 Wyoming Statutes
Title 35 - Public Health And Safety
Chapter 17 - Professional Standard Review Organizations

CHAPTER 17 - PROFESSIONAL STANDARD REVIEW ORGANIZATIONS

 

35-17-101. Definition.

 

(a) As used in this act:

 

(i) "Professional standard review organizations" means:

 

(A) Any medical, dental, optometric, nursing, osteopathic or pharmacy organization or a local, county, or state medical, dental, optometric, nursing, osteopathic and pharmacy society and any such society itself when such organization or society is performing any medical, dental, nursing, optometric, osteopathic and pharmacy review function or involving any controversy or dispute between a physician, dentist, optometrist, nurse, osteopath and pharmacist and a patient concerning the diagnosis, treatment, or care of such patient or the fees or charges therefor, or a physician, dentist, optometrist, nurse, osteopath or pharmacist and a provider of medical, dental, optometric, nursing, osteopathic and pharmacy benefits concerning any medical, dental, nursing, optometric, osteopathic, pharmacy or other health charges or fees of such physician, dentist, optometrist, nurse, osteopath or pharmacist;

 

(B) A committee of a medical staff in a hospital having the responsibility of evaluation and improvement of the quality of care rendered in the hospital;

 

(C) A committee functioning to review, pursuant to federal or state laws, the operation of hospital or extensive care facilities; or

 

(D) A committee having the responsibility of evaluation and improvement of the quality of care rendered in a long-term care facility.

 

35-17-102. Authority to establish professional standard review organizations.

 

Any local, county or state medical, dental, nursing, optometric, osteopathic, or pharmacy society in Wyoming is hereby authorized to establish a professional standard review organization as defined in W.S. 35-17-101.

 

35-17-103. Exemption from liability; exception.

 

Any professional standard review organization or a society or person rendering services as a member of a professional standard review organization functioning pursuant to this act is not liable either independently or jointly for any civil damages as a result of acts or omissions in his capacity as a member of any such organization or society. Such persons or organizations or societies are not immune from liability for intentional or malicious acts or omissions resulting in harm or any grossly negligent acts or omissions resulting in harm.

 

35-17-104. Exemption from liability for witnesses.

 

 

(a) Notwithstanding any other provision of law, no person providing information to any professional standard 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:

 

(i) The information is unrelated to the performance of the duties and functions of the professional standard review organization; or

 

(ii) The information is false and the person providing the information knew or had reason to know that the information was false.

 

35-17-105. Information of review organizations to be confidential and privileged.

 

All reports, findings, proceedings and data of the professional standard review organizations is confidential and privileged, and is not subject to discovery or introduction into evidence in any civil action, and no person who is in attendance at a meeting of the organization shall be permitted or required to testify in any civil action as to any evidence or other matters produced or presented during the proceedings of the organization or as to any findings, recommendations, evaluations, opinions or other actions of the organization or any members thereof. However, information, documents or other records otherwise available from original sources are not to be construed as immune from discovery or use in any civil action merely because they were presented during proceedings of the organization, nor should any person who testifies before the organization or who is a member of the organization be prevented from testifying as to matters within his knowledge, but that witness cannot be asked about his testimony before the organization or opinions formed by him as a result of proceedings of the organization.

 

35-17-106. Election to be covered by federal immunity.

 

(a) The state of Wyoming elects to be immediately covered by the immunity granted by the Health Care Quality Improvement Act of 1986, P.L. 99-660, Title IV adopted by Congress in 1986, to the extent authorized, as of the effective date of this section for all health care professional review bodies as defined in the act and for:

 

(i) The board of dental examiners, W.S. 33-15-101 through 33-15-131;

 

(ii) The state board of nursing, W.S. 33-21-120 through 33-21-156;

 

(iii) The state board of examiners in optometry, W.S. 33-23-101 through 33-23-117;

 

(iv) The state board of pharmacy, W.S. 33-24-101 through 33-24-151;

 

(v) The state board of medicine, W.S. 33-26-201 through 33-26-203;

 

(vi) The board of registration in podiatry, W.S. 33-9-101 through 33-9-113; and

 

(vii) The board of chiropractic examiners, W.S. 33-10-101 through 33-10-117.

 

(b) Boards named in subsection (a) of this section shall comply with the physician reporting requirements as set forth in P.L. 99-660, Title IV.