2006 Nebraska Revised Statutes - § 71-2047 — Medical staff committee; utilization review committee; reports to; privilege to refuse; exception.

Section 71-2047
Medical staff committee; utilization review committee; reports to; privilege to refuse; exception.

Any physician, surgeon, hospital administrator, nurse, technologist, and any other person engaged in work in or about a licensed hospital and having any information or knowledge relating to the medical and hospital care provided in such hospital or the efficient use of such hospital facilities shall be obligated, when requested by a hospital medical staff committee or a utilization review committee, to provide such committee with all of the facts or information possessed by such individual with reference to such care or use. Any person making a report or providing information to a hospital medical staff committee or a utilization review committee of a hospital upon request of such committee has a privilege to refuse to disclose and to prevent any other person from disclosing the report or information so provided, except as provided in section 71-2048.

Source:

Laws 1971, LB 148, § 3

Annotations:

The party claiming the privileges under this section and section 71-2048 has the burden of proving that the documents claimed as privileged are protected documents under one of those statutes. State ex rel. AMISUB, Inc. v. Buckley, 260 Neb. 596, 618 N.W.2d 684 (2000).

This section together with section 71-2048 provides that all communications to medical staff or utilization review committees are privileged. Shilling v. Moore, 249 Neb. 704, 545 N.W.2d 442 (1996).

~Reissue Revised Statutes of Nebraska