Bylaws

Table of Contents

Preamble & Definitions  ARTICLE I  ARTICLE II  ARTICLE III  ARTICLE IV  ARTICLE V  ARTICLE VI  ARTICLE VII  ARTICLE VIII  ARTICLE IX  ARTICLE X  ARTICLE XI  ARTICLE XII  ARTICLE XIII  ARTICLE XIV  ARTICLE XV

ARTICLE XII - CONFIDENTIALITY, IMMUNITY AND RELEASES

12.1         AUTHORIZATION AND CONDITIONS

By applying for or exercising privileges within this hospital, an applicant:

(a)               authorizes representatives of the hospital and the medical staff to solicit, provide, and act upon information bearing upon, or reasonably believed to bear upon, the applicant's professional ability and qualifications;

(b)               authorizes persons and organizations to provide information concerning such practitioner to the medical staff;

(c)               agrees to be bound by the provisions of this Article and to waive all legal claims against any representative of the medical staff or the hospital who acts in accordance with the provisions of this Article; and

(d)               acknowledges that the provisions of this Article are express conditions to an application for medical staff membership, the continuation of such membership, and to the exercise of privileges at this hospital.

12.2         CONFIDENTIALITY OF INFORMATION

12.2-1 GENERAL

Records and proceedings of all medical staff committees having the responsibility of evaluation and improvement of quality of care rendered in this hospital, including, but not limited to, meetings of the medical staff meeting as a committee of the whole, meetings of departments and divisions, meetings of committees established under Section X, and meetings of special or ad hoc committees created by the MEC (pursuant to Section 10.1) or by departments (pursuant to Sections 9.4(I) and (l)) and including information regarding any member or applicant to this medical staff shall, to the fullest extend permitted by laws, be confidential.

12.2-2 BREACH OF CONFIDENTIALITY

Inasmuch as effective peer review and consideration of the qualifications of medical staff members and applicants to perform specific procedures must be based on free and candid discussions, any breach of confidentiality of the discussions or deliberations of medical staff departments, divisions, or committees, except in conjunction with other hospital, professional society, or licensing authority, is outside appropriate standards of conduct for this medical staff and will be deemed disruptive to the operations of the hospital. If it is determined that such a breach has occurred, the Medical Executive Committee may undertake such corrective action as it deems appropriate.

12.3         IMMUNITY FROM LIABILITY

12.3-1 FOR ACTION TAKEN

Each representative of the medical staff and hospital shall be exempt, to the fullest extent permitted by laws, from liability to an applicant or member for damages or other relief for any action taken or statements or recommendations made within the scope of duties exercised as a representative of the medical staff or hospital.

12.3-2 FOR PROVIDING INFORMATION

Each representative of the medical staff and hospital and all third parties shall be exempt, to the fullest extent permitted by law, from liability to an applicant or member for damages or other relief by reason of providing information to a representative of the medical staff or hospital concerning such person who is, or has been, an applicant to or member of the staff or who did, or does, exercise privileges or provide services at this hospital.

12.4         ACTIVITIES AND INFORMATION COVERED

12.4-1 ACTIVITIES

The confidentiality and immunity provided by this Article shall apply to all acts, communications, reports, recommendations or disclosures performed or made in connection with this or any other health care facility's or organization's activities concerning, but not limited to:

(a)               application for appointment, reappointment, or privileges;

(b)               corrective action;

(c)               hearings and appellate reviews;

(d)               utilization reviews;

(e)               other department, or division, committee, or medical staff activities related to monitoring and maintaining quality patient care and appropriate professional conduct; and

(f)                 National Practitioner Data Bank queries and reports, peer review organizations, MBC and similar reports.

12.5         RELEASES

Each applicant or member shall, upon request of the medical staff or hospital, execute general and specific releases in accordance with the express provisions and general intent of this Article. Execution of such releases shall not be deemed a prerequisite to the effectiveness of this Article.

12.6         INDEMNIFICATION

The hospital shall indemnify, defend and hold harmless the medical staff and its individual members from and against losses and expenses (including attorney's fees, judgments, settlements, and all other costs, direct or indirect) incurred or suffered by reason of or based upon any threatened, pending or completed action, suit, proceeding, investigation, or other dispute relating or pertaining to any alleged act or failure to act within the scope of peer review or quality assessment activities including, but not limited to, (1) as a member of or witness for a medical staff department, service, committee or hearing panel, (2) as a member of or witness for the hospital board or any hospital task force, group, or committee, and (3) as a person acting in his or her official capacity providing information to any medical staff or hospital group, officer, board member or employee for the purpose of aiding in the evaluation of the qualifications, fitness or character of a medical staff member or applicant. The medical staff or member may seek indemnification for such losses and expenses under this bylaws provision, statutory and case law, any available liability insurance or otherwise as the medical staff or member sees fit, and concurrently or in such sequence as the medical staff or member may choose. Payment of any losses or expenses by the medical staff or member is not a condition precedent to the hospital's indemnification obligations hereunder. Indemnification is subject to the following: 1. In performing the peer review and quality assessment activities the member must not be acting out of mice. 2. In performing the peer review and quality assessment activities the member must only express his or her opinions and recommendations to the appropriate peer review body or bodies. 3. In performing the peer review and quality assessment activities the member must reasonably believe that his or her opinion and recommendations are reasonably warranted by the facts.