§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.
49:975.1(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.