65-4925. Reports, records and proceedings confidential and privileged; licensing agency disciplinary proceedings.
65-4925
65-4925. Reports, records and proceedings confidential and privileged;licensing agency disciplinary proceedings.(a) The reports and records made pursuant toK.S.A. 65-4923 or 65-4924, and amendments thereto, shall beconfidential and privileged, including:
(1) Reports and records of executive or review committees of medical carefacilities or of a professional society or organization;
(2) reports and records of the chief of the medical staff, chiefadministrative officer or risk manager of a medical care facility;
(3) reports and records of any state licensing agency or impairedprovider committee of a professional society or organization; and
(4) reports made pursuant to this act to or by a medical care facilityrisk manager, any committee, the board of directors, administrative officeror any consultant.
Such reports and records shall not be subject to discovery, subpoena orother means of legal compulsion for their release to any person or entityand shall not be admissible in any civil or administrative action otherthan a disciplinary proceeding by the appropriate state licensing agency.
(b) No person in attendance at any meeting of an executive or reviewcommittee of a medical care facility or of a professional society ororganization while such committee is engaged in the duties imposed byK.S.A. 65-4923 shall be compelled to testify in any civil,criminal or administrative action,other than a disciplinary proceeding by the appropriate licensing agency,as to any committeediscussions or proceedings.
(c) No person in attendance at any meeting of an impaired providercommittee shall be required to testify, nor shall the testimony of suchperson be admitted into evidence, in any civil, criminal or administrativeaction, other than a disciplinary proceeding by the appropriate statelicensing agency, as to any committee discussions or proceedings.
(d) Any person or committee performing any duty pursuant to this actshall be designated a peer review committee or officer pursuant toK.S.A. 65-4915 and amendments thereto.
(e) A licensing agency in conducting a disciplinary proceeding in whichadmission of any peer review committee report, record or testimony is proposedshall hold thehearing in closed session when any such report, record or testimony isdisclosed.Unless otherwise provided by law, a licensing agency conducting a disciplinaryproceeding may close only that portion of the hearing in which disclosure of areport or record privileged under this section is proposed. In closing aportion of a hearing as provided by this section, the presiding officer mayexclude any person from the hearing location except the licensee, thelicensee's attorney, the agency's attorney, the witness, the court reporter andappropriate staff support for either counsel.The licensing agency shall make the portions of the agency record in which suchreport or record is disclosed subject to a protective order prohibiting furtherdisclosure of such report or record.Such report or record shall not be subject to discovery, subpoena or othermeans of legal compulsion for their release to any person or entity. No personin attendance ata closed portion of a disciplinary proceeding shallat a subsequent civil, criminal or administrative hearing, be required totestify regarding the existence or content of a report or record privilegedunder this section which was disclosed in a closed portion of a hearing, norshall such testimony be admitted into evidence in any subsequent civil,criminal or administrative hearing. A licensing agency conducting adisciplinary proceeding may review peer review committee records,testimony or reports but must prove its findings with independently obtainedtestimony or records which shall be presented as part of the disciplinaryproceeding in open meeting of the licensing agency.Offering such testimony or records in an open public hearing shall not bedeemed a waiver of the peer review privilege relating to any peer reviewcommittee testimony, records or report.
History: L. 1986, ch. 229, § 6;L. 1987, ch. 176, § 11;L. 1997, ch. 149, § 2; May 1.