Browse Arkansas Code titles and sections
20-9-1308. Relationship to other laws and regulations.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-9-1308. Relationship to other laws and regulations.
(a)(1) Except as provided in subsection (b) of this section, professional review activities are within the categories of records and proceedings that are exempt from discovery and disclosure under state law, including without limitation § 16-46-105(a)(1) and § 20-9-503.
(2) This subchapter does not affect the admissibility in evidence in any action or proceeding of the medical records of any patient.
(b) This subchapter does not:
(1) Abrogate the immunity provisions of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., or the confidentiality or immunity provisions of § 16-46-105, § 17-1-102, or § 20-9-501 et seq.; or
(2) Prevent discovery and admissibility of evidence from the professional review activities if the legal action is brought by a physician who has been subjected to the professional review activity or action.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-1308
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-9-1308
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1f11e66e8c4322250a268bb67563a18d77a73b23c56f9b63343f08ea49362fe1
Source location: content.xml paragraph 4855
Stored source content
20-9-1308. Relationship to other laws and regulations.
(a)(1) Except as provided in subsection (b) of this section, professional review activities are within the categories of records and proceedings that are exempt from discovery and disclosure under state law, including without limitation § 16-46-105(a)(1) and § 20-9-503.
(2) This subchapter does not affect the admissibility in evidence in any action or proceeding of the medical records of any patient.
(b) This subchapter does not:
(1) Abrogate the immunity provisions of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., or the confidentiality or immunity provisions of § 16-46-105, § 17-1-102, or § 20-9-501 et seq.; or
(2) Prevent discovery and admissibility of evidence from the professional review activities if the legal action is brought by a physician who has been subjected to the professional review activity or action.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual reports to Congress** The Secretary shall report to Congress, annually during the three years after November 14, 1986, on the implementation of this chapter.
**(b) Memoranda of understanding** The Secretary of Health and Human Services shall seek to enter into memoranda of understanding with the Secretary of Defense and the Administrator of Veterans’ Affairs to apply the provisions of subchapter II of this chapter to hospitals and other facilities and health care providers under the jurisdiction of the Secretary or Administrator, respectively. The Secretary shall report to Congress, not later than two years after November 14, 1986, on any such memoranda and on the cooperation among such officials in establishing such memoranda.
**(c) Memorandum of understanding with Drug Enforcement Administration** The Secretary of Health and Human Services shall seek to enter into a memorandum of understanding with the Administrator of Drug Enforcement relating to providing for the reporting by the Administrator to the Secretary of information respecting physicians and other practitioners whose registration to dispense controlled substances has been suspended or revoked under [section 824 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section824&num=0&edition=prelim). The Secretary shall report to Congress, not later than two years after November 14, 1986, on any such memorandum and on the cooperation between the Secretary and the Administrator in establishing such a memorandum.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11101
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 11101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 8114
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11101
1 So in original. Probably should be ‘‘for purposes of subpara-
graph (A),’’.
Sec.
11115.
Construction.
SUBCHAPTER II—REPORTING OF INFORMATION
11131.
Requiring reports on medical malpractice
payments.
11132.
Reporting of sanctions taken by Boards of
Medical Examiners.
11133.
Reporting of certain professional review ac-
tions taken by health care entities.
11134.
Form of reporting.
11135.
Duty of hospitals to obtain information.
11136.
Disclosure and correction of information.
11137.
Miscellaneous provisions.
SUBCHAPTER III—DEFINITIONS AND REPORTS
11151.
Definitions.
11152.
Reports and memoranda of understanding.
§ 11101. Findings
The Congress finds the following:
(1) The increasing occurrence of medical
malpractice and the need to improve the qual-
ity of medical care have become nationwide
problems that warrant greater efforts than
those that can be undertaken by any indi-
vidual State.
(2) There is a national need to restrict the
ability of incompetent physicians to move
from State to State without disclosure or dis-
covery of the physician’s previous damaging
or incompetent performance.
(3) This nationwide problem can be remedied
through effective professional peer review.
(4) The threat of private money damage li-
ability under Federal laws, including treble
damage liability under Federal antitrust law,
unreasonably discourages physicians from par-
ticipating in effective professional peer re-
view.
(5) There is an overriding national need to
provide incentive and protection for physi-
cians engaging in effective professional peer
review.
(Pub. L. 99–660, title IV, § 402, Nov. 14, 1986, 100
Stat. 3784.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 11101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-46-105. Records of and testimony before committees reviewing and evaluating quality of medical or hospital care.
(a)(1)(A) The proceedings, minutes, records, or reports of organized committees of hospital medical staffs or medical review committees of local medical societies, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state, having the responsibility for reviewing and evaluating the quality of medical or hospital care, and any records, other than those records described in subsection (c) of this section, compiled or accumulated by the administrative staff of such hospitals or a physician group peer review committee as defined under § 20-9-501 in connection with such review or evaluation, together with all communications or reports originating in such committees, shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible in any legal proceeding and shall be absolutely privileged communications.
(B) The submission of such proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under § 20-9-501 shall not operate as a waiver of the privilege.
(2) Neither shall testimony as to events occurring during the activities of such committees be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible.
(b)(1) Nothing in this section shall be construed to prevent disclosure of the data mentioned in subsection (a) of t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-46-105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-46-105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-1-102. Liability of committee members of professional societies, review organizations, and hospital medical staffs — Definition.
(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, members of the following organizations for any act or proceeding undertaken or performed within the scope of the functions of any such committee which is formed to maintain the professional standards of the society established by its bylaws, if the committee member acts without malice, has made a reasonable effort to obtain the facts of the matter as to which he or she acts, and acts in reasonable belief that the action taken by him or her is warranted by the facts known to him or her after a reasonable effort to obtain facts:
(1) A duly appointed committee of a state or local professional society;
(2) A professional services review organization appointed pursuant to state or federal statute; or
(3) A duly appointed committee of a medical staff of a licensed hospital, provided that the medical staff operates pursuant to written bylaws that have been approved by the governing board of the hospital.
(b) “Professional society” as used in this section, includes societies of the healing arts, legal, accounting, architectural, and engineering professions having as members at least a majority of the eligible licentiates in the profession served by the particular body.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-1-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-1-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-9-501. Definition.
As used in this subchapter, “peer review committee” or “committee” means a committee of a hospital medical staff, a committee of a state or local professional association, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state that is formed to:
(1) Evaluate and improve the quality of health care rendered by providers of health services; or
(2) Determine that:
(A) Health services rendered were professionally indicated or were performed in compliance with the applicable standard of care; or
(B) The cost of health care rendered was considered reasonable by the providers of professional health services in the area.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-501
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-9-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-9-503. Proceeding and records confidential — Exception.
(a)(1) The proceedings and records of a peer review committee shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters which are subject to evaluation and review by the committee.
(2) No person who was in attendance at a meeting of the 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 the committee or as to any findings, recommendations, evaluations, opinions, or other actions of the committee or any members thereof.
(b)(1) However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were presented during the proceedings of the committee.
(2) Nor shall any person who testifies before the committee or who is a member of the committee be prevented from testifying as to matters within his or her knowledge, but the witness shall not be asked about his or her testimony before the committee or about opinions formed by him or her as a result of the committee hearings.
(c) The submission of the peer review proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under § 20-9-501 shall not operate as a waiver of the privilege.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-503
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-9-503. This identifies an authority to review, not proof of applicability.