§ 90-48.10. Confidentiality of review organization's proceedings and records. - North Carolina Statutes

§ 90‑48.10. Confidentiality of review organization's proceedings and records.

The proceedings and records of a dental review committee except thoseconcerning the investigation and consideration of Medicare and Medicaid chargesor payments, shall be held in confidence and shall not be subject to discoveryor introduction into evidence in any civil action arising out of the matterswhich are the subject of evaluation and review by the committee; and no personwho was in attendance at a meeting of the committee shall be permitted orrequired to testify in any civil action as to any evidence or other mattersproduced or presented during the proceedings of the committee or as to anyfindings, recommendations, evaluations, opinions, or other actions of the committeeor any members thereof, except with regard to Medicare and Medicaid charges orpayments: Provided, however, that information, documents or records otherwiseavailable from original sources are not to be construed as immune fromdiscovery or use in any civil action merely because they were presented duringproceedings of a committee, nor should any person who testifies before acommittee or who is a member of a committee be prevented from testifying as tomatters within his knowledge, but the witness shall not be asked about histestimony before a committee or opinions formed by him as a result of thecommittee hearings, except with regard to Medicare and Medicaid charges orpayments. (1979, 2nd Sess.,c. 1192, s. 1.)