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325.431 Evidentiary privilege for peer review committee materials -Testimonial privilege -- Exceptions.
(1)
(2)
(3)
The proceedings, records, and workpapers of the peer review committee shall
be privileged and not subject to discovery, subpoena, or other means of legal
process, or introduction into evidence in any civil action, arbitration,
administrative proceeding, or state accountancy board proceeding. No member
of the peer review committee or person involved in the quality review process
shall testify in any civil action, arbitration, administrative proceeding, or state
accountancy board proceeding as to any matter produced, presented,
disclosed, or discussed during or in connection with the quality review process,
or as to any finding, recommendation, evaluation, opinion, or other action of the
committee.
Information, documents, or records that are publicly available shall not be
immune from discovery or use in any civil action, arbitration, administrative
proceeding, or state accountancy board proceeding merely because they were
presented or considered in connection with the quality review process.
The privilege created in subsection (1) of this section shall not apply to:
(a) Materials prepared in connection with a particular engagement merely
because they happen to subsequently be presented or considered as part
of the quality of review process.
(b) Disputes between peer review committees and persons or firms subject
to a quality review arising from the performance of the quality review.
(c) Correspondence and reports of the peer review program obtained by the
board from a licensee seeking renewal or an individual or firm seeking to
become licensed.
(d) A statement obtained by the board from a peer review committee to
determine if a licensee seeking renewal or an individual or firm seeking to
become licensed is enrolled in or is not enrolled in a peer review program.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 31, sec. 3, effective June 8, 2011. -Amended 2004 Ky. Acts ch. 34, sec. 2, effective July 13, 2004. -- Created 1992
Ky. Acts ch. 18, sec. 1, effective July 14, 1992.
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