§ 16-46-105 - Records of and testimony before committees reviewing and evaluating quality of medical or hospital care.
               	 		
16-46-105.    Records of and testimony before committees reviewing and evaluating quality of medical or hospital care.
    (a)    (1)    (A)  The  proceedings, minutes, records, or reports of organized committees of  hospital medical staffs or medical review committees of local medical  societies having the responsibility for reviewing and evaluating the  quality of medical or hospital care, and any records, other than those  records described in subsection (c) of this section, compiled or  accumulated by the administrative staff of such hospitals in connection  with such review or evaluation, together with all communications or  reports originating in such committees, shall not be subject to  discovery pursuant to the Arkansas Rules of Civil Procedure or the  Freedom of Information Act of 1967,    25-19-101 et seq., or admissible  in any legal proceeding and shall be absolutely privileged  communications.
            (B)  The  submission of such proceedings, minutes, records, reports, and  communications to a hospital governing board shall not operate as a  waiver of the privilege.
      (2)  Neither  shall testimony as to events occurring during the activities of such  committees be subject to discovery pursuant to the Arkansas Rules of  Civil Procedure or the Freedom of Information Act of 1967,    25-19-101  et seq., or admissible.
(b)    (1)  Nothing  in this section shall be construed to prevent disclosure of the data  mentioned in subsection (a) of this section to appropriate state or  federal regulatory agencies which by statute or regulation are entitled  to access to such data, nor to organized committees of hospital medical  staffs or governing boards where the medical practitioner seeks  membership or clinical privileges.
      (2)  Further,  nothing in this section shall be construed to prevent discovery and  admissibility if the legal action in which such data is sought is  brought by a medical practitioner who has been subjected to censure or  disciplinary action by such agency or committee or by a hospital medical  staff or governing board.
(c)  Nothing  in this section or    20-9-308 shall be construed to apply to original  hospital medical records, incident reports, or other records with  respect to the care or treatment of any patient or to affect the  discoverability or admissibility of such records.