147.135 - PEER REVIEW COMMITTEES -- NONLIABILITY -- RECORDS AND REPORTS PRIVILEGED AND CONFIDENTIAL.
147.135 PEER REVIEW COMMITTEES -- NONLIABILITY --
RECORDS AND REPORTS PRIVILEGED AND CONFIDENTIAL.
1. A person shall not be civilly liable as a result of acts,
omissions, or decisions made in connection with the person's service
on a peer review committee. However, such immunity from civil
liability shall not apply if an act, omission, or decision is made
with malice.
2. As used in this subsection, "peer review records" means
all complaint files, investigation files, reports, and other
investigative information relating to licensee discipline or
professional competence in the possession of a peer review committee
or an employee of a peer review committee. As used in this
subsection, "peer review committee" does not include licensing
boards. Peer review records are privileged and confidential, are not
subject to discovery, subpoena, or other means of legal compulsion
for release to a person other than an affected licensee or a peer
review committee, and are not admissible in evidence in a judicial or
administrative proceeding other than a proceeding involving licensee
discipline or a proceeding brought by a licensee who is the subject
of a peer review record and whose competence is at issue. A person
shall not be liable as a result of filing a report or complaint with
a peer review committee or providing information to such a committee,
or for disclosure of privileged matter to a peer review committee. A
person present at a meeting of a peer review committee shall not be
permitted to testify as to the findings, recommendations,
evaluations, or opinions of the peer review committee in any judicial
or administrative proceeding other than a proceeding involving
licensee discipline or a proceeding brought by a licensee who is the
subject of a peer review committee meeting and whose competence is at
issue. Information or documents discoverable from sources other than
the peer review committee do not become nondiscoverable from the
other sources merely because they are made available to or are in the
possession of a peer review committee. However, such information
relating to licensee discipline may be disclosed to an appropriate
licensing authority in any jurisdiction in which the licensee is
licensed or has applied for a license. If such information indicates
a crime has been committed, the information shall be reported to the
proper law enforcement agency. This subsection shall not preclude
the discovery of the identification of witnesses or documents known
to a peer review committee. Any final written decision and finding
of fact by a licensing board in a disciplinary proceeding is a public
record. Upon appeal by a licensee of a decision of a board, the
entire case record shall be submitted to the reviewing court. In all
cases where privileged and confidential information under this
subsection becomes discoverable, admissible, or part of a court
record the identity of an individual whose privilege has been
involuntarily waived shall be withheld.
3. a. A full and confidential report concerning any final
hospital disciplinary action approved by a hospital board of trustees
that results in a limitation, suspension, or revocation of a
physician's privilege to practice for reasons relating to the
physician's professional competence or concerning any voluntary
surrender or limitation of privileges for reasons relating to
professional competence shall be made to the board of medicine by the
hospital administrator or chief of medical staff within ten days of
such action. The board of medicine shall investigate the report and
take appropriate action. These reports shall be privileged and
confidential as though included in and subject to the requirements
for peer review committee information in subsection 2. Persons
making these reports and persons participating in resulting
proceedings related to these reports shall be immune from civil
liability with respect to the making of the report or participation
in resulting proceedings. As used in this subsection,
"physician" means a person licensed pursuant to chapter 148.
b. Notwithstanding subsection 2, if the board of medicine
conducts an investigation based on a complaint received or upon its
own motion, a hospital pursuant to subpoena shall make available
information and documents requested by the board, specifically
including reports or descriptions of any complaints or incidents
concerning an individual who is the subject of the board's
investigation, even though the information and documents are also
kept for, are the subject of, or are being used in peer review by the
hospital. However, the deliberations, testimony, decisions,
conclusions, findings, recommendations, evaluations, work product, or
opinions of a peer review committee or its members and those portions
of any documents or records containing or revealing information
relating thereto shall not be subject to the board's request for
information, subpoena, or other legal compulsion. All information
and documents received by the board from a hospital under this
section shall be confidential pursuant to section 272C.6, subsection
4. Section History: Early Form
[C77, 79, 81, § 147.135] Section History: Recent Form
86 Acts, ch 1211, § 14; 90 Acts, ch 1086, § 7; 2007 Acts, ch 10,
§82; 2009 Acts, ch 133, §51
Referred to in § 139A.22, 147.1, 147A.25