State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-107

§ 131E‑107.  Quality assurance, medical, or peerreview committees.

(a)        A member of a duly appointed quality assurance, medical orpeer review committee shall not be subject to liability for damages in anycivil action on account of any act, statement or proceeding undertaken, made,or performed within the scope of the functions of the committee, if thecommittee member acts without malice or fraud, and if such peer reviewcommittee is approved and operates in accordance with G.S. 131E‑108.

(b)        The proceedings of a quality assurance, medical, or peerreview committee, the records and materials it produces and the materials itconsiders shall be confidential and not considered public records within themeaning of G.S. 132‑1, " 'Public records' defined", and shallnot be subject to discovery or introduction into evidence in any civil actionagainst a nursing home or a provider of professional health services thatresults from matters that are the subject of evaluation and review by thecommittee. No person who was in attendance at a meeting of the committee shallbe required to testify in any civil action as to any evidence or other mattersproduced or presented during the proceedings of the committee or as to anyfindings, recommendations, evaluations, opinions, or other actions of thecommittee or its members. However, information, documents, or records otherwiseavailable are not immune from discovery or use in a civil action merely becausethey were presented during proceedings of the committee. Documents otherwiseavailable as public records within the meaning of G.S. 132‑1 do not losetheir status as public records merely because they were presented or consideredduring proceedings of the committee. A member of the committee or a person whotestifies before the committee may testify in a civil action but cannot beasked about the person's testimony before the committee or any opinions formedas a result of the committee hearings. (1983, c. 775, s.1; 2004‑149, s. 2.2.)