§ 131D-21.2. Quality assurance, medical, or peer review committees. - North Carolina Statutes

§ 131D‑21.2.  Qualityassurance, medical, or peer review committees.

(a)        A member of a dulyappointed quality assurance, medical, or peer review committee shall not besubject 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, if the committee member acts without malice orfraud, and if such peer review committee is approved and operates in accordancewith G.S. 131D‑21.1.

(b)        The proceedings ofa quality assurance, medical, or peer review committee, the records andmaterials it produces and the materials it considers shall be confidential andnot considered public records within the meaning of G.S. 132‑1, " 'Publicrecords' defined", and shall not be subject to discovery or introductioninto evidence in any civil action against an adult care home or a provider ofprofessional health services that results from matters that are the subject ofevaluation and review by the committee. No person who was in attendance at ameeting of the committee shall be required to testify in any civil action as toany evidence or other matters produced or presented during the proceedings ofthe committee or as to any findings, recommendations, evaluations, opinions, orother actions of the committee or its members. However, information, documents,or records otherwise available are not immune from discovery or use in a civilaction merely because they were presented during proceedings of the committee.Documents otherwise available as public records within the meaning of G.S. 132‑1do not lose their status as public records merely because they were presentedor considered during proceedings of the committee. A member of the committee ora person who testifies before the committee may testify in a civil action butcannot be asked about the person's testimony before the committee or anyopinions formed as a result of the committee hearings. (2004‑149, s. 2.3; 2006‑264,s. 65.)