19-15-6
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19-15-6.
(a)
Records and other documents which are made public records pursuant to any other
provisions of law shall remain public records notwithstanding their being
obtained, considered, or both, by a protocol committee, a review committee, or
the panel.
(b)
Notwithstanding any other provision of law to the contrary, reports of a review
committee made pursuant to Code Section 19-15-3 and reports of the panel made
pursuant to Code Section 19-15-4 shall be public records and shall be released
to any person making a request therefor but the panel protocol committee or
review committee having possession of such records or reports shall only release
them after expunging therefrom all information contained therein which would
permit identifying the deceased or abused child, any family member of the child,
any alleged or suspected perpetrator of abuse upon the child, or any reporter of
suspected child abuse.
(c)
Statistical compilations of data by a review committee or the panel based upon
information received thereby and containing no information which would permit
the identification of any person shall be public records.
(d)
Members of a protocol committee, a review committee, or of the panel shall not
disclose what transpires at any meeting other than one made public by Code
Section 19-15-5 nor disclose any information the disclosure of which is
prohibited by this Code section, except to carry out the purposes of this
chapter. Any person who knowingly violates this subsection shall be guilty of a
misdemeanor.
(e)
A person who presents information to a protocol committee, a review committee,
or the panel or who is a member of any such body shall not be questioned in any
civil or criminal proceeding regarding such presentation or regarding opinions
formed by or confidential information obtained by such person as a result of
serving as a member of any such body. This subsection shall not be construed to
prohibit any person from testifying regarding information obtained independently
of a protocol committee, a review committee, or the panel. In any proceeding in
which testimony of such a member is offered the court shall first determine the
source of such witness´s knowledge.
(f)
Except as otherwise provided in this Code section, information acquired by and
records of a protocol committee, a review committee, or the panel shall be
confidential, shall not be disclosed, and shall not be subject to Article 4 of
Chapter 18 of Title 50, relating to open records, or subject to subpoena,
discovery, or introduction into evidence in any civil or criminal proceeding.
(g)
A member of a protocol committee, a review committee, or the panel shall not be
civilly or criminally liable for any disclosure of information made by such
member as authorized by this Code section.
(h)
Members of the review committee, persons attending a review committee meeting,
and persons who present information to a review committee may release
information to such government agencies as is necessary for the purpose of
carrying out assigned review committee duties.
(i)
Notwithstanding any other provisions of law, information acquired by and
documents, records, and reports of the panel and child abuse protocol committees
and review committees applicable to a child who at the time of his or her death
was in the custody of a state department or agency or foster parent shall not be
confidential and shall be subject to Article 4 of Chapter 18 of Title 50,
relating to open records.