36-2917

36-2917. Review committees; immunity;
confidentiality; definition

A. Any person who, in good faith and without malice and in connection with duties
or functions of a review committee of the system, takes an action or makes a decision or
recommendation as a member, agent or employee of a review committee of the system or
related to the duties or functions of a review committee of the system or who furnishes
records, information or assistance that is related to the duties of a review committee is
not subject to liability for civil damages in consequence of that action. The court shall
determine the presence of malice by clear and convincing evidence. This section does not
relieve a person of liability that arises from that person's medical treatment of a
patient.

B. The information considered by a review committee of the system or related to the
duties or functions of a review committee of the system and the records of their actions
and proceedings are confidential and are not subject to subpoena or order to produce
except as provided in subsection C of this section and in proceedings before an
appropriate state licensing or certifying agency. A member of a review committee of the
system or its staff engaged in assisting such committee or any other person assisting or
furnishing information to such committee shall not be subpoenaed to testify in any
judicial or quasi-judicial proceeding if the subpoena is based solely on those
activities.

C. This section does not affect a patient's claim to privilege or prevent the
subpoena of a patient's medical records that are otherwise subject to discovery. The
contents and records of review committee procedures are confidential and inadmissible in
court.

D. Information considered by a review committee of the system and the records of
its actions and proceedings may be transmitted by the director to an appropriate state
licensing or certifying agency. Information considered by a review committee of the
system or related to the duties or functions of a review committee of the system and the
records of its actions and proceedings that are used pursuant to subsection B of this
section or transmitted pursuant to this subsection by a state licensing or certifying
agency 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 review committee of the system or related to the duties and
functions of a review committee of the system.

E. This section does not prevent the director from supervising or monitoring
contractors as otherwise provided for in this chapter or rules adopted pursuant to this
chapter.

F. For the purposes of this section, "review committee of the system" means any
organizational structure of the administration, or of a contractor contracting with the
administration pursuant to section 36-2906, the purpose of which is one or more of the
following:

1. To evaluate and improve the quality of health care.

2. To review and investigate the conduct of licensed health care providers in order
to determine whether disciplinary action should be imposed.

3. To encourage proper and efficient utilization of health care services and
facilities.