Section 5-809 - Record keeping; confidentiality; discovery.
§ 5-809. Record keeping; confidentiality; discovery.
(a) Maintenance of records.- The Committee shall maintain records of its deliberations including any recommendations.
(b) Records generally confidential; independent information.-
(1) Except for the public report issued under § 5-808(a) of this subtitle, any records of deliberations, findings, or files of the Committee shall be confidential and are not discoverable under § 1-401 of the Health Occupations Article.
(2) This subsection does not prohibit the discovery of material, records, documents, or other information that was not prepared by the Committee or its subcommittee and was obtained independently of the Committee or subcommittee.
(c) Testimony of involved persons; independent information.-
(1) Members of the Committee or a subcommittee of the Committee, persons attending a Committee or subcommittee meeting, and persons who present information to the Committee or subcommittee may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting.
(2) This subsection does not prohibit a person from testifying to information obtained independently of the Committee or subcommittee or that is public information.
(d) Prohibition on disclosure by involved persons.-
(1) Except as necessary to carry out the Committee's purpose and duties, members of the Committee or subcommittee and persons attending a Committee or subcommittee meeting may not disclose:
(i) What transpired at a meeting that is not public under this subtitle; or
(ii) Any information that is prohibited for disclosure by this section.
(2) This subsection does not prohibit the discovery of material, records, documents, or other information that was not prepared by the Committee or its subcommittee and was obtained independently of the Committee or subcommittee.
[2000, ch. 470; 2002, ch. 19, § 9; 2006, ch. 268.]