Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 13 - ARKANSAS PEER REVIEW FAIRNESS ACT (§§ 20-9-1301 — 20-9-1313) › Section 20-9-1303 - Definitions

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)
(A)
"Investigation" means a process conducted by a professional review body to:
(i)
Obtain and make a detailed examination of the facts related to an identified concern about a specific physician; and
(ii)
Determine whether a professional review action should be requested or recommended.
(B)
"Investigation" does not include the following:
(i)
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;
(ii)
Routine quality assurance, case review, utilization review, and performance improvement activities that take place within a hospital; or
(iii)
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;
(5)
"Medical staff" means the physicians who are approved and given privileges to provide health care to patients in the hospital;
(6)
"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:
(A)
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
(B)
Adversely affects or may adversely affect the medical staff membership or clinical privileges of the physician;
(7)
(A)
"Professional review activity" means an activity with respect to an individual physician:
(i)
To determine whether the physician may have clinical privileges at a hospital or membership on the hospital's medical staff;
(ii)
To determine the scope or conditions of clinical privileges or medical staff membership; or
(iii)
To change or modify such clinical privileges or medical staff membership.
(B)
"Professional review activity" includes an investigation, as defined in this section; and
(8)
"Professional review body" means a hospital, its governing body, or its medical staff when any of these bodies are conducting a professional review activity.
Amended by Act 2017, No. 975,§ 1, eff. 8/1/2017.
Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.