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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