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Ark. Code Ann. § 20-9-1303

Definitions

Applied in 1 court decision — leading case Baptist Health Med. Sys. v. Rutledge (2016)

Most recently applied in Baptist Health Med. Sys. v. Rutledge (March 2016)

Acts 2013, No. 766, § 1; 2017, No. 975, § 1.

As used in this subchapter:

(1) “Adversely affect”, when used in reference to clinical privileges or medical staff membership, means deny, reduce, restrict, suspend, revoke, or fail to renew;

(2) “Conflict of interest” means a personal or financial interest that would lead an objective person to conclude that it would be difficult for the person in those circumstances to make a fair and impartial decision in a professional review activity with regard to a particular physician;

(3) “Hospital” means a healthcare facility licensed as a hospital by the Division of Health Facilities Services under § 20-9-213;

(4) “Investigation” means a process conducted by a professional review body to: Obtain and make a detailed examination of the facts related to an identified concern about a specific physician; and

(5) Determine whether a professional review action should be requested or recommended.

(6) “Investigation” does not include the following: A preliminary review to obtain basic information related to a concern or complaint about a physician in order to determine whether an investigation should commence;

(7) Routine quality assurance, case review, utilization review, and performance improvement activities that take place within a hospital; or

(8) Collegial interventions, ongoing physician practice evaluations and focused physician practice evaluations, and other peer-to-peer performance improvement interventions that are not intended to, and do not, impact a physician's clinical privileges or hospital medical staff membership;

(9) “Medical staff” means the physicians who are approved and given privileges to provide health care to patients in the hospital;

(10) “Professional review action” means an action or recommendation of a professional review body that is taken or made in the conduct of professional review activity and that: Is based on an individual physician's competence or professional conduct that adversely affects or could adversely affect the health or welfare of a patient or patients; and

(11) Adversely affects or may adversely affect the medical staff membership or clinical privileges of the physician;

(12) “Professional review activity” means an activity with respect to an individual physician: To determine whether the physician may have clinical privileges at a hospital or membership on the hospital's medical staff;

(13) To determine the scope or conditions of clinical privileges or medical staff membership; or

(14) To change or modify such clinical privileges or medical staff membership.

(15) “Professional review activity” includes an investigation, as defined in this section; and

(16) “Professional review body” means a hospital, its governing body, or its medical staff when any of these bodies are conducting a professional review activity.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.