47-849. Same; contents of; reports, records and proceedings confidential and privileged. - Kansas Statutes

47-849

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS Article 8.--REGISTRATION OF VETERINARIANS

      47-849.   Same; contents of; reports, records and proceedingsconfidential and privileged.(a) The reports and records made pursuant to K.S.A. 47-847 or47-848,and amendments thereto, shall be confidential and privileged, including:

      (1)   Reports and records of executive or review committees of aprofessional society or organization;

      (2)   reports and records of the board or impaired veterinarian committeeof a professional society or organization; and

      (3)   reports made pursuant to this act to or by any committee or anyconsultant.

      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 board.

      (b)   No person in attendance at any meeting of an executive or reviewcommittee of a state professional society or organization while suchcommittee is engaged in the duties imposed by K.S.A. 47-847 andamendmentsthereto shall be compelled to testify in any civil, criminal oradministrative action, other than a disciplinary proceeding by the board,as to any committee discussions or proceedings.

      (c)   No person in attendance at any meeting of an impaired veterinariancommittee 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 board, as to anycommittee discussions or proceedings.

      (d)   Nothing in this section shall limit the authority, which mayotherwise be provided by law, of the board to require an executive orreview committee or officer or impaired veterinarian committee to report tothe board any action or recommendation of such committee or officer or totransfer to the board records of such committee's or officer's proceedingsor actions. Reports and records so furnished shall not be subject todiscovery, subpoena or other means of legal compulsion for their release toany person or entity and shall not be admissible in evidence in anyjudicial or administrative proceeding other than a disciplinary proceeding by the board.

      (e)   A committee or officer may report to and discuss its activities,information and findings with other committees or officers without waiverof the privilege provided under this section, and the records of all suchcommittees or officers relating to such report shall be privileged asprovided under this section.

      History:   L. 1989, ch. 155, § 4; July 1.