36-2284. Infant care review committee

A. All health care institutions that provide health care services to infants are encouraged to establish infant care review committees to assist the institutions in delivering health care and related services to infants and in complying with sections 36-2281 and 36-2283. Two or more health care institutions may establish a joint infant care review committee.

B. If any health care institution does not have an infant care review committee, the department of health services may establish an infant care review committee for one or more such institutions.

C. All proceedings, records and materials prepared in connection with reviews by an infant care review committee are confidential and are not subject to discovery, except that:

1. The findings and recommendations of the infant care review committee may be recorded in the infant's medical record.

2. The following information shall be provided on request to the infant's attending or consulting physicians, the infant's parents, legal guardian or custodian or the child protective services program of the department of economic security:

(a) The infant's medical record number.

(b) The date and time of the review.

(c) A list of all persons presenting information to the committee.

(d) A list of all persons, including committee members, present during the deliberations of the committee.

(e) The recommendations of the committee.

D. A person present during deliberations of the infant care review committee or having access to its records shall not be subpoenaed to testify in any judicial or quasi judicial proceeding as to the nature of the discussions held or to the opinions or statements of any person expressed during the proceedings.

E. This section shall not be construed to affect any patient's claim to privilege or privacy or to prevent the subpoena of a patient's medical records if they are otherwise subject to discovery or to restrict the powers and duties of the director pursuant to this chapter with respect to records and information which are not subject to this section. In any legal action brought against a health care institution alleging negligence for failure to adequately conduct an infant care review committee, representatives of the institution are permitted to testify as to whether there was an infant care review committee review concerning the subject matter being litigated. The contents and records of the infant care review committee proceedings are fully confidential and inadmissible as evidence in any court of law except as provided in subsection C of this section.

F. A person who, in good faith and without malice, takes any action or makes any recommendation as a member, agent or employee of a health care institution infant care review committee, or who furnishes any records, information or assistance to such a committee, is not subject to criminal liability or liability for civil damages or for any legal action in consequence thereof, nor shall the institution or institutions which established the committee or its officers, directors, employees or agents be liable for the activities of any such person. This subsection shall not be construed to relieve any person of liability arising from treatment of a patient.

G. Any publication by any person of the proceedings of an infant care review committee or of the records or materials prepared in connection with the review by an infant care review committee shall be made only for the purposes provided in subsection C of this section or for research or statistical purposes authorized by the health care institution. Except as provided in subsection C of this section, the identity of any patient whose condition, care or treatment is mentioned in such proceedings, records or materials shall be kept confidential.

36-2284. Infant care review committee

A. All health care institutions that provide health care services to infants are encouraged to establish infant care review committees to assist the institutions in delivering health care and related services to infants and in complying with sections 36-2281 and 36-2283. Two or more health care institutions may establish a joint infant care review committee.

B. If any health care institution does not have an infant care review committee, the department of health services may establish an infant care review committee for one or more such institutions.

C. All proceedings, records and materials prepared in connection with reviews by an infant care review committee are confidential and are not subject to discovery, except that:

1. The findings and recommendations of the infant care review committee may be recorded in the infant's medical record.

2. The following information shall be provided on request to the infant's attending or consulting physicians, the infant's parents, legal guardian or custodian or the child protective services program of the department of economic security:

(a) The infant's medical record number.

(b) The date and time of the review.

(c) A list of all persons presenting information to the committee.

(d) A list of all persons, including committee members, present during the deliberations of the committee.

(e) The recommendations of the committee.

D. A person present during deliberations of the infant care review committee or having access to its records shall not be subpoenaed to testify in any judicial or quasi judicial proceeding as to the nature of the discussions held or to the opinions or statements of any person expressed during the proceedings.

E. This section shall not be construed to affect any patient's claim to privilege or privacy or to prevent the subpoena of a patient's medical records if they are otherwise subject to discovery or to restrict the powers and duties of the director pursuant to this chapter with respect to records and information which are not subject to this section. In any legal action brought against a health care institution alleging negligence for failure to adequately conduct an infant care review committee, representatives of the institution are permitted to testify as to whether there was an infant care review committee review concerning the subject matter being litigated. The contents and records of the infant care review committee proceedings are fully confidential and inadmissible as evidence in any court of law except as provided in subsection C of this section.

F. A person who, in good faith and without malice, takes any action or makes any recommendation as a member, agent or employee of a health care institution infant care review committee, or who furnishes any records, information or assistance to such a committee, is not subject to criminal liability or liability for civil damages or for any legal action in consequence thereof, nor shall the institution or institutions which established the committee or its officers, directors, employees or agents be liable for the activities of any such person. This subsection shall not be construed to relieve any person of liability arising from treatment of a patient.

G. Any publication by any person of the proceedings of an infant care review committee or of the records or materials prepared in connection with the review by an infant care review committee shall be made only for the purposes provided in subsection C of this section or for research or statistical purposes authorized by the health care institution. Except as provided in subsection C of this section, the identity of any patient whose condition, care or treatment is mentioned in such proceedings, records or materials shall be kept confidential.