36-2403. Confidentiality; protection from
discovery proceedings and subpoena; exceptions
A. The information considered by any entity or organization acting pursuant to
section 36-2402, subsection C in the course of a quality assurance process and the
records of its actions and proceedings shall be confidential and are not subject to
subpoena or order to produce except as provided in subsection B of this section and in
proceedings before the appropriate state licensing or certifying agency, or in actions by
an aggrieved licensed health care provider against a health care entity. No member of a
health care entity, its staff or any person assisting or furnishing information to it or
participating in the course of the quality assurance process may be subpoenaed to testify
in any judicial or quasi-judicial proceeding if such subpoena is based solely on
activities relating to the quality assurance process.
B. This article shall not be construed to affect any patient's claim to privilege
or privacy or to prevent the subpoena of a patient's health care records if they are
otherwise subject to discovery.
C. Information considered by a health care entity and the records of its actions
and proceedings which are used pursuant to subsection A of this section by a state
licensing or certifying agency or in an appeal shall be kept confidential and shall be
subject to the same provisions concerning discovery and use in legal actions as are the
original information and records in the possession and control of a health care entity.
D. This section applies to a committee consisting of two or more qualifying
community health centers as defined in section 36-2907.06 to review quality assurance
information.
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