TITLE 39

HEALTH AND SAFETY

CHAPTER 13

HOSPITAL LICENSES AND INSPECTION

39-1392b.  Records confidential and privileged. Except as provided in section 39-1392e, Idaho Code, all peer review records shall be confidential and privileged, and shall not be directly or indirectly subject to subpoena or discovery proceedings or be admitted as evidence, nor shall testimony relating thereto be admitted in evidence, or in any action of any kind in any court or before any administrative body, agency or person for any purpose whatsoever. No order of censure, suspension or revocation of licensure, or of a certification in the case of emergency medical services personnel, or health care organization privilege of any physician licensed to practice medicine in Idaho shall be admissible in any civil proceeding seeking damages or other civil relief against the physician, emergency medical services personnel, or health care organization which may be a defendant in said cause. However, this section shall not prohibit or otherwise affect the use of documents, materials or testimony in health care organization proceedings, nor shall it prohibit or otherwise affect the dissemination, for medical purposes, of information contained in such documents or materials or the conclusions and findings of such health care organization. This section shall not affect the admissibility in evidence in any action or proceeding of the patient care records of any patient.

History:

[39-1392b, added 1973, ch. 265, sec. 3, p. 545; am. 1997, ch. 171, sec. 3, p. 487; am. 2003, ch. 244, sec. 2, p. 630; am. 2004, ch. 134, sec. 2, p. 456.]