32-1940. Investigations; hearings;
conferences; records; confidentiality
A. Information received and records kept by the board in connection with
investigations conducted pursuant to this chapter before a public hearing or conference
are confidential and are not open to the public or subject to civil discovery.
B. Notwithstanding any other law or code of ethics regarding practitioner
confidences, the physician-patient privilege between a medical practitioner and a
patient, both as it relates to the competency of the witness and to the exclusion of
confidential communications, does not pertain to any board investigations or other
proceedings conducted pursuant to this chapter to the extent necessary to determine if a
violation of this chapter has occurred. Communications or records disclosed pursuant to
this subsection are confidential and may be used only in a judicial or administrative
proceeding or investigation resulting from a report, investigation or hearing required or
authorized under this chapter.
C. The board, its employees and agents and any other person receiving this
information shall keep the identity of the patient confidential at all times.
D. The board shall report evidence of a crime uncovered during an investigation to
the appropriate criminal justice agency.
E. This section does not prevent the board from disclosing investigative materials
concerning a licensee's alleged violation of this chapter to the licensee or the
licensee's attorney.
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