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.