TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 9

DENTISTS

54-934.  Peer review committees — Immunity from liability — Confidentiality of records. (1) The state board of dentistry or the Idaho state dental association or both may establish one (1) or more peer review committees pursuant to this section, for the purpose of:

(a)  Determining the relevancy of a dentist’s usual and reasonable fees or treatment procedure to the terms of a contract;

(b)  Assessing the quality of services rendered; or

(c)  Evaluating claims against dentists or engaging in underwriting decisions in connection with professional liability insurance coverage for dentists.

(2)  The board or the associations, any one (1) of which has established a peer review committee pursuant to law, any committee member or any staff member of either the board or of the associations assisting a peer review committee, and any witness or consultant appearing before or presenting information to a peer review committee shall be immune from liability in any civil action brought as a result of a peer review investigation or proceeding conducted by a peer review committee, if the board, association, committee or staff member, witness or consultant, acts in good faith within the scope of the function of the committee, has made a reasonable effort to obtain the facts of the matter as to which the board or association or he acts, in the reasonable belief that the action taken is warranted by the facts.

(3)  Any entity, organization or person acting without malice in making any report or other information available to a peer review committee, or who assists in the origination, investigation or preparation of that information, or assists a committee in carrying out any of its duties or functions, shall be immune from civil liability for any such actions.

(4)  Any communications or information relating to peer committee investigations or proceedings as provided by law, and the proceedings and records of the committee related to them, shall be subject to disclosure according to chapter 1, title 74, Idaho Code, unless exempt from disclosure in that chapter and title, and shall not be subject to discovery or introduced into evidence in any civil action against a dentist arising out of matters which are the subject of evaluation and review by the committee.

History:

[54-934, added 1986, ch. 331, sec. 1, p. 815; am. 1987, ch. 30, sec. 10, p. 46; am. 1990, ch. 213, sec. 75, p. 540; am. 1994, ch. 58, sec. 27, p. 117; am. 1999, ch. 30, sec. 15, p. 59; am. 2015, ch. 141, sec. 135, p. 481.]