78B-3-419 - Evidence of proceedings not admissible in subsequent action -- Panelist may not be compelled to testify -- Immunity of panelist from civil liability -- Information regarding professional c
78B-3-419. Evidence of proceedings not admissible in subsequent action -- Panelistmay not be compelled to testify -- Immunity of panelist from civil liability -- Informationregarding professional conduct.
(1) Evidence of the proceedings conducted by the medical review panel and its results,opinions, findings, and determinations are not admissible as evidence in an action subsequentlybrought by the claimant in a court of competent jurisdiction.
(2) No panelist may be compelled to testify in a civil action subsequently filed withregard to the subject matter of the panel's review. A panelist has immunity from civil liabilityarising from participation as a panelist and for all communications, findings, opinions, andconclusions made in the course and scope of duties prescribed by this section.
(3) Nothing in this chapter may be interpreted to prohibit the division from consideringany information contained in a statutory notice of intent to commence action, request forprelitigation panel review, or written findings of a panel with respect to the division'sdetermining whether a licensee engaged in unprofessional or unlawful conduct.
Renumbered and Amended by Chapter 3, 2008 General Session