State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-685_1

§ 90‑685.1. Confidentiality of Committee investigative information.

(a)        All records,papers, investigative files, investigative reports, other investigativeinformation, and other documents containing information in the possession of orreceived or gathered by the Committee or its members or employees as a resultof investigations, inquiries, or interviews conducted in connection with alicensing, complaint, or disciplinary matter shall not be considered publicrecords within the meaning of Chapter 132 of the General Statutes and areprivileged, confidential, and not subject to discovery, subpoena, or othermeans of legal compulsion for release to any person other than the Committee,its employees, or agents involved in the application for license or disciplineof a license holder, except as provided in subsection (b) of this section. Forpurposes of this subsection, investigative information includes informationrelating to the identity of, and a report made by, a perfusionist, or otherperson performing an expert review for the Committee.

(b)        The Committee shallprovide the licensee or applicant with access to all information in itspossession that the Committee intends to offer into evidence in presenting itscase in chief at the contested hearing on the matter, subject to any privilegeor restriction set forth by rule, statute, or legal precedent, upon writtenrequest from a licensee or applicant who is the subject of a complaint orinvestigation, or from the licensee's or applicant's counsel, unless good causeis shown for delay. The Committee is not required to provide any of thefollowing:

(1)        A Committeeinvestigative report.

(2)        The identity of anontestifying complainant.

(3)        Attorney‑clientcommunications, attorney work product, or other materials covered by aprivilege recognized by the Rules of Civil Procedure or the Rules of Evidence. (2007‑525, s. 9.)