State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-30

§ 122C‑30.  Peer reviewcommittee; immunity from liability; confidentiality.

For purposes of peer reviewfunctions of a facility licensed under the provisions of this Chapter:

(1)        A member of a dulyappointed peer review committee or quality assurance committee who acts withoutmalice or fraud shall not be subject to liability for damages in any civilaction on account of any act, statement, or proceeding undertaken, made, orperformed within the scope of the functions of the committee; and

(2)        Proceedings of apeer review or quality assurance committee, the records and materials itproduces, and the material it considers shall be confidential and notconsidered public records within the meaning of G.S. 132‑1, "Publicrecords' defined," and shall not be subject to discovery or introductioninto evidence in any civil action against a facility or a provider ofprofessional health services that results from matters which are the subject ofevaluation and review by the committee. No person who was in attendance at ameeting of the committee shall be required to testify in any civil action as toany evidence or other matters produced or presented during the proceedings ofthe committee or as to any findings, recommendations, evaluations, opinions, orother actions of the committee or its members. However, information, documentsor records otherwise available are not immune from discovery or use in a civilaction merely because they were presented during proceedings of the committee,and nothing herein shall prevent a provider of professional health servicesfrom using such otherwise available information, documents or records inconnection with an administrative hearing or civil suit relating to the medicalstaff membership, clinical privileges or employment of the provider. Documentsotherwise available as public records within the meaning of G.S. 132‑1 donot lose their status as public records merely because they were presented orconsidered during proceedings of the committee. A member of the committee or aperson who testifies before the committee may be subpoenaed and be required totestify in a civil action as to events of which the person has knowledgeindependent of the peer review or quality assurance process, but cannot beasked about the person's testimony before the committee for impeachment orother purposes or about any opinions formed as a result of the committeehearings. (1989(Reg. Sess., 1990), c. 1053, s. 2; 2004‑149, s. 2.8.)