§ 90-128.1. Peer review agreements. - North Carolina Statutes

Article 6A.

Optometry Peer Review.

§ 90‑128.1.  Peer review agreements.

(a)        The North Carolina State Board of Examiners in Optometrymay, under rules adopted by the Board in compliance with Chapter 150B of theGeneral Statutes, enter into agreements with the North Carolina StateOptometric Society (Society), for the purpose of conducting peer reviewactivities. Peer review activities to be covered by such agreements shall belimited in peer review proceedings to review of clinical outcomes as theyrelate to the quality of health care delivered by optometrists licensed by theBoard.

(b)        Peer review agreements shall include provisions for theSociety to receive relevant information from the Board and other sources,provide assurance of confidentiality of nonpublic information and of the reviewprocess, and make reports to the Board. Peer review agreements shall includeprovisions assuring due process.

(c)        Any confidential patient information and other nonpublicinformation acquired, created, or used in good faith by the Society pursuant tothis section shall remain confidential and shall not be subject to discovery orsubpoena in a civil case.

(d)        Peer review activities conducted in good faith pursuant toany agreement under this section are deemed to be State directed and sanctionedand shall constitute State action for the purposes of application of antitrustlaws. The Board shall be responsible for legal fees arising from peer reviewactivities. (1997‑75, s.3.)