§ 130A-45.7. Medical review committee. - North Carolina Statutes

§130A‑45.7.  Medical review committee.

(a)        A member of a dulyappointed medical review committee who acts without malice or fraud shall notbe subject to liability for damages in any civil action on account of any act,statement, or proceeding undertaken, made, or performed within the scope of thefunctions of the committee.

(b)        The proceedings ofa medical review committee, the records and materials it produces and thematerials it considers shall be confidential and not considered public recordswithin the meaning of G.S. 132‑1, "Public records" defined, andshall not be subject to discovery or introduction into evidence in any civilaction against a public health authority or a provider of professional healthservices which results from matters which are the subject of evaluation andreview by the committee. No person who was in attendance at a meeting of thecommittee shall be required to testify in any civil action as to any evidenceor other matters produced or presented during the proceedings of the committeeor as to any findings, recommendations, evaluations, opinions, or other actionsof the committee or its members. However, information, documents, or recordsotherwise available are not immune from discovery or use in a civil actionmerely because they were presented during proceedings of the committee. Amember of the committee or a person who testifies before the committee maytestify in a civil action but cannot be asked about his testimony before thecommittee or any opinions formed as a result of the committee hearings. (1997‑502,s. 1.)