2010 Tennessee Code
Title 63 - Professions Of The Healing Arts
Chapter 11 - Psychologists
Part 2 - General Provisions
63-11-220 - Peer review committees Liability Confidentiality of information.

63-11-220. Peer review committees Liability Confidentiality of information.

(a)  As used in this section, “peer review committee” or “committee” means any committee, board, commission or other entity constituted by any statewide psychological association or local psychological association for the purpose of receiving and evaluating professional acts of other practitioners of psychology as defined in this chapter.

(b)  Any practitioner of psychology who serves on any peer review committee or on any other committee is immune from liability with respect to any action taken in good faith and without malice as a member of such committee, board, commission or other entity.

(c)  Practitioners of psychology, any individuals appointed to a committee as defined in subsection (a), and members of the boards of directors of facilities as defined in §§ 68-11-201 and 33-5-402 are immune from liability to any client, patient, individual or organization for furnishing information, data, reports or records to any such committee or for damages resulting from any decision, opinions, actions and proceedings rendered, entered or acted upon by such committee, undertaken or performed within the scope or functions of the duties of such committee, if made or taken in good faith and without malice and on the basis of facts reasonably known or reasonably believed to exist.

(d)  (1)  All information, interviews, reports, statements, memoranda or other data furnished to a peer review committee, associational board or governing board, and any findings, conclusions or recommendations resulting from the proceedings of such committees, associational boards and governing boards are privileged.

     (2)  The records and proceedings are confidential and shall be used only in the exercise of the proper functions of the committees, associational boards or governing boards and shall not become public records nor be available for court subpoena or discovery proceedings.

     (3)  Nothing contained in this subsection (d) applies to records, documents or information otherwise available from original sources and such records, documents or information are not to be construed as immune from discovery or use in any civil proceedings solely due to presentation to the committee.

[Acts 1990, ch. 653, § 1; 2000, ch. 947, § 8M.]  

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