2005 Idaho Code - 39-1392d — PROPERTY OF HEALTH CARE ORGANIZATION

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 13
                       HOSPITAL LICENSES AND INSPECTION
    39-1392d.  PROPERTY OF HEALTH CARE ORGANIZATION. All peer review records
of a health care organization shall be the property of the health care
organization concerned which obtains or compiles the same. A health care
organization may provide peer review records to persons or entities that
perform accreditation, certification or quality assurance review or evaluation
of the health care organization. The provision of any peer review records to
such persons or entities shall not be deemed to be a waiver by the health care
organization of any peer review privilege. Persons and entities receiving peer
review records shall preserve the confidential privileged character thereof
and such persons and entities shall not be subject to subpoena or order
compelling  production of peer review records. Nothing in this section shall
be deemed to require the health care organization to provide persons or
entities with peer review records. A health care organization may provide peer
review records to persons or entities with whom the health care organization
is affiliated through any common ownership interest or by contract, which
affiliation or contract includes the person's or entity's involvement in the
peer review process or the provision of any management or administrative
services to the health care organization. The provision of peer review records
to such persons or entities shall not be deemed to be a waiver by the health
care organization of any peer review privilege. Such persons and entities
receiving peer review records shall preserve the confidential privileged
character thereof, and such persons and entities shall not be subject to any
subpoena or order compelling production of peer review records. Nothing in
this section shall be deemed to require the health care organization to
provide such persons or entities with peer review records. This section shall
in no way impair the rights of individuals conducting such research or studies
in the exercise of any right or the discharge of any legitimate responsibility
which they may have in connection with such research or studies and the
results thereof. Nothing in this act shall be construed as restricting or
altering the rights of inspection and copying by patients and their duly
authorized representatives with respect to such patients' official patient
care records, which right of copying and inspection and use of patient care
records and their contents in appropriate judicial proceedings is unaltered by
this enactment.