State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_22A

§ 90‑21.22A.  Medicalreview and quality assurance committees.

(a)        As used in thissection, the following terms mean:

(1)        "Medical reviewcommittee." – A committee composed of health care providers licensed underthis Chapter that is formed for the purpose of evaluating the quality of, costof, or necessity for health care services, including provider credentialing."Medical review committee" does not mean a medical review committeeestablished under G.S. 131E‑95.

(2)        "Qualityassurance committee." – Risk management employees of an insurer licensedto write medical professional liability insurance in this State, who work incollaboration with health care providers licensed under this Chapter, andinsured by that insurer, to evaluate and improve the quality of health careservices.

(b)        A member of a dulyappointed medical review or quality assurance committee who acts without maliceor fraud shall not be subject to liability for damages in any civil action onaccount of any act, statement, or proceeding undertaken, made, or performedwithin the scope of the functions of the committee.

(c)        The proceedings ofa medical review or quality assurance committee, the records and materials itproduces, and the materials it considers shall be confidential and not consideredpublic records within the meaning of G.S. 132‑1, 131E‑309, or 58‑2‑100;and shall not be subject to discovery or introduction into evidence in anycivil action against a provider of health care services who directly providesservices and is licensed under this Chapter, a PSO licensed under Article 17 ofChapter 131E of the General Statutes, an ambulatory surgical facility licensedunder Chapter 131E of the General Statutes, or a hospital licensed underChapter 122C or Chapter 131E of the General Statutes or that is owned oroperated by the State, which civil action results from matters that are thesubject of evaluation and review by the committee. No person who was inattendance at a meeting of the committee shall be required to testify in anycivil action as to any evidence or other matters produced or presented duringthe proceedings of the committee or as to any findings, recommendations,evaluations, opinions, or other actions of the committee or its members.However, information, documents, or records otherwise available are not immunefrom discovery or use in a civil action merely because they were presentedduring proceedings of the committee. Documents otherwise available as publicrecords within the meaning of G.S. 132‑1 do not lose their status aspublic records merely because they were presented or considered duringproceedings of the committee. A member of the committee may testify in a civilaction but cannot be asked about the person's testimony before the committee orany opinions formed as a result of the committee hearings.

(d)        This sectionapplies to a medical review committee, including a medical review committeeappointed by one of the entities licensed under Articles 1 through 67 ofChapter 58 of the General Statutes.

(e)        Subsection (c) ofthis section does not apply to proceedings initiated under G.S. 58‑50‑61or G.S. 58‑50‑62. (1997‑519, s. 4.3; 1998‑227, s. 3; 2002‑179,s. 18; 2004‑149, s. 2.6.)