326.295. Confidential information, peer review--immunity from civil liability, when.
Confidential information, peer review--immunity from civil liability,when.
326.295. 1. To assure a free flow of information for peer reviewpursuant to section 326.286 or 326.289, or proceedings before the boardpursuant to section 326.310, all complaint files, investigation files, andall other investigation reports and other investigative information in thepossession of the board or peer review committee or firm, acting pursuantto the authority of section 326.286, 326.289 or 326.310, or its employeesor agents, which relate to the hearings or review shall be privileged andconfidential, and shall not be subject to discovery, subpoena, or othermeans of legal compulsion for their release to any person, other than thelicensee and the board or peer review committee or firm or their employeesand agents involved in such proceedings or be admissible in evidence in anyjudicial or administrative proceeding, other than the proceeding for whichsuch material was prepared or assembled. A final written decision andfinding of fact of the board, pursuant to section 326.310, shall be apublic record.
2. No person shall be civilly liable as a result of his or her acts,omissions or decisions in good faith as a member of the board, a peerreview committee or firm, or as an employee or agent thereof, in connectionwith such person's duties.
3. No person shall be civilly liable as a result of filing a reportor complaint with the board or a peer review committee, or for thedisclosure to the board or a peer review committee or its agents oremployees, whether pursuant to a subpoena, of records, documents, testimonyor other forms of information which constitute privileged matter inconnection with proceedings of a peer review committee, or other boardproceedings pursuant to section 326.310. Immunity from civil liabilityshall not apply if the act is done with malice.
(L. 2001 H.B. 567)