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Rs 13:3715.3 Peer Review Committee Records; Confidentiality

§3715.3. Peer review committee records; confidentiality

A. Notwithstanding the provisions of R.S. 44:7(D) or any other law to

the contrary, all records, notes, data, studies, analyses, exhibits, and

proceedings of:

(1) Any public hospital committee, medical organization peer review

committee, any nationally recognized improvement agency or commission,

including but not limited to the Joint Commission on Accreditation of

Healthcare Organizations (JCAHO), or any committee or agency thereof, or

any healthcare licensure agency of the Louisiana Department of Health, public

hospital board while conducting peer reviews, dental association peer review

committee, professional nursing association peer review committee, extended

care facility committee, nursing home association peer review committee, peer

review committee of a group medical practice of twenty or more physicians,

peer review committee of a freestanding surgical center licensed pursuant to

R.S. 40:2131 et seq., or health maintenance organization peer review

committee, including but not limited to the credentials committee, the medical

staff executive committee, the risk management committee, or the quality

assurance committee, any committee determining a root cause analysis of a

sentinel event, established under the bylaws, rules, or regulations of such

organization or institution, or

(2) Any hospital committee, the peer review committees of any medical

organization, dental association, professional nursing association, nursing

home association, social workers association, group medical practice of twenty

or more physicians, nursing home, ambulatory surgical center licensed

pursuant to R.S. 40:2131 et seq., ambulance service company, health

maintenance organization, any nationally recognized improvement agency or

commission, including but not limited to the Joint Commission on

Accreditation of Healthcare Organizations (JCAHO), or any committee or

agency thereof, or any healthcare licensure agency of the Louisiana

Department of Health, or healthcare provider as defined in R.S.

40:1299.41(A), or extended care facility committee, including but not limited

to the credentials committee, the medical staff executive committee, the risk

management committee, or the quality assurance committee, any committee

determining a root cause analysis of a sentinel event, established by the peer

review committees of a medical organization, dental organization, group

medical practice of twenty or more physicians, social workers association,

ambulatory surgical center licensed pursuant to R.S. 40:2131 et seq.,

ambulance service company, health maintenance organization, or healthcare

provider as defined in R.S. 40:1299.41(A), or private hospital licensed under

the provisions of R.S. 40:2100 et seq., shall be confidential wherever located

and shall be used by such committee and the members thereof only in the

exercise of the proper functions of the committee and shall not be available for

discovery or court subpoena regardless of where located, except in any

proceedings affecting the hospital staff privileges of a physician, dentist,

psychologist, or podiatrist, the records forming the basis of any decision

adverse to the physician, dentist, psychologist, or podiatrist may be obtained

by the physician, dentist, psychologist, or podiatrist only. However, no

original record or document, which is otherwise discoverable, prepared by any

person, other than a member of the peer review committee or the staff of the

peer review committee, may be held confidential solely because it is the only

copy and is in the possession of a peer review committee.

B. No employee, physician, dentist, public or private hospital,

organization, or institution furnishing information, data, reports, or records to

any such committee with respect to any patient examined or treated by such

physician or dentist or confined in such hospital or institution shall be liable

in damages to any person by reason of furnishing such information.

C. No member of any such committee designated in Subsection A of

this Section or any sponsoring entity, organization, or association on whose

behalf the committee is conducting its review shall be liable in damages to any

person for any action taken or recommendation made within the scope of the

functions of such committee if such committee member acts without malice

and in the reasonable belief that such action or recommendation is warranted

by the facts known to him.

D. Medicaid or Medicare benefits or insurance benefits provided by a

private insurer shall not be denied to any person due to inability to secure

records or proceedings referred to in this Section.

E. Nothing contained herein shall be construed to prevent disclosure

of such data to appropriate state or federal regulatory agencies which by statute

or regulation are otherwise entitled to access to such data.

F. Nothing herein shall be construed to prevent disclosure of a patient's

hospital record, as defined by R.S. 40:2144, to the patient or his duly

authorized representative.

G.(1) As used in this Subsection, the following terms shall mean:

(a) "Board" means the Louisiana State Board of Medical Examiners,

Louisiana State Board of Dentistry, Louisiana State Board of Psychologists,

Louisiana State Board of Nursing, Louisiana Board of Pharmacy, as well as

any Louisiana licensing and regulatory board or agency whose licensees,

certificate holders, or registrants are subject to any form of peer review

identified in Subsection A of this Section.

(b) "Licensee" means an individual who possesses a license, certificate,

or registration duly issued by a board, or an individual who has made

application for such a license, certificate, or registration.

(2) The boards defined in Subparagraph (1)(a) of this Subsection are

hereby designated as appropriate state regulatory agencies as provided by

Subsection E of this Section. Any board whose licensees are subject to any

form of peer review identified in Subsection A of this Section shall be granted

access to such peer review information, data, reports, or records as that board

determines is necessary to an investigation or an adjudication of an individual

over whom such board has regulatory authority. The board having access to

such peer review information, data, reports, or records shall receive and

maintain that information, data, reports, or records as confidential and

privileged and shall take measures to preserve its confidentiality, including the

assertion of all available evidentiary privileges and protection of patient

identification as specified in R.S. 13:3715.1(J).

(3) When such disclosure is requested and made in a manner

authorized in Paragraph G(4) of this Subsection, the verbal, written or other

disclosure of peer review information, data, reports, or records by any person,

committee, hospital, or other peer review entity described in Subsection A of

this Section to any board conducting investigation or adjudication functions

shall not constitute a waiver of any legal or evidentiary privilege, nor form the

basis of any claim or suit for damages or injunctive relief of whatsoever kind

or nature, including breach of confidentiality or invasion of privacy or

otherwise, nor deprive the person, committee, hospital, or other peer review

entity making the disclosure of the benefit of the immunities otherwise

provided in Subsections B and C of this Section.

(4) Disclosure is deemed to be authorized in any of the following

circumstances:

(a) An interview of a witness or potential witness conducted by a duly

authorized officer, employee, or attorney on behalf of the Louisiana board,

acting in his or her official capacity, and accompanied by a validly issued

investigatory subpoena or subpoena duces tecum.

(b) As part of the production of documents in response to a validly

issued investigative subpoena duces tecum by a board.

(c) In response to questions or as part of production of documents at

a duly noticed deposition or any other form of discovery authorized under R.S.

49:956(6) in an adjudication proceeding pending before such board.

(d) In response to questions or information provided pursuant to a

subpoena or subpoena duces tecum issued in connection with an adjudication

proceeding conducted by a board, which hearing may be conducted in

executive session to preserve confidentiality of peer review privileged

materials, including information, data, reports, and records.

(e) In response to duly authorized discovery as contemplated by the

Louisiana Code of Civil Procedure, surveys, statements of deficiencies, and

records pertaining to the results of investigations of surveys conducted by or

on behalf of any governmental regulatory agency may be discoverable and

admissible in a civil action against a healthcare provider if the surveys and

related documents are directly related to the type of injury allegedly sustained

by the patient at issue in the civil action and the deficiencies have either been

admitted by the healthcare provider or have been declared valid through the

appellate process established by the administrative agency in charge of

reviewing surveys. When a party seeks to admit into evidence surveys,

statements of deficiencies, and related documents, any party to a civil action

may request and the court, using its discretion, may conduct a voir dire of the

witness supporting the surveys and related documents to determine whether the

deficiency is based on reliable evidence.

(5) When one or more of the provisions of Paragraph (4) are

applicable, no committee or entity listed in Subsection A of this Section and

no health care provider or health care institution, including the involved

licensee or person over whom such board has regulatory authority, shall refuse

to provide verbal, written, or recorded information, data, reports, or records as

a witness or otherwise on the basis of the privilege provided in Subsection A

of this Section or the healthcare provider - patient privilege provided in Code

of Evidence Article 510.

Acts 1983, Act No. 698, §1, eff. July 21, 1983; Acts 1988, No. 689, §1,

eff. July 15, 1988; Acts 1990, No. 486, §1; Acts 1991, No. 239, §1; Acts 1993,

No. 561, §1; Acts 1993, No. 988, §1; Acts 1995, No. 786, §1, eff. Sept. 1,

1995; Acts 1995, No. 1073, §1; Acts 1995, No. 1163, §1; Acts 1999, No. 764,

§1; Acts 1999, No. 1213, §1; Acts 2001, No. 206, §1.

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Local Government
Louisiana
3
6
0
John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
committee
issue
review
peer
valid
form
conduct
records
surveys
healthcare