62-1-202 - Review committees Confidentiality of records and proceedings Scope of confidentiality.
62-1-202. Review committees Confidentiality of records and proceedings Scope of confidentiality.
(a) The proceedings, records and work papers of a review committee shall be privileged and confidential and shall not be subject to discovery, subpoena or other means of legal process or introduction into evidence in any civil action, arbitration, administrative proceeding or state board of accountancy proceeding; and no member of the review committee or person who was involved in the peer review process shall be permitted or required to testify in any civil action, arbitration, administrative proceeding or state board of accountancy proceeding as to any matters produced, presented, disclosed or discussed during or in connection with the peer review process or as to any findings, recommendations, evaluations, opinions or other actions of the committees or any member of the committees; provided, that information, documents or records that are publicly available are not to be construed as immune from discovery or use in any civil action, arbitration, administrative proceeding or state board of accountancy proceeding merely because they were presented or considered in connection with the peer review process.
(b) The privilege created by this part also does not apply to materials prepared in connection with a particular engagement merely because they happen to be subsequently presented or considered as part of the peer review process, nor does it apply to disputes between review committees and persons or firms subject to a peer review arising from the performance of the peer review.
[Acts 1991, ch. 274, § 1; 1998, ch. 700, § 14.]