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- Alaska Statutes.
- Title 18. Health, Safety, and Housing
- Chapter 23. Health Care Services Information and Review Organizations
- Section 30. Confidentiality of Records of Review Organization.
previous: Section 20
. Limitation On Liability For Members of Review Organizations.
next: Section 40
. Penalty For Violation.
AS 18.23.030. Confidentiality of Records of Review Organization.
- (a) Except as provided in (b) of this section, all data and information acquired by a review organization in the exercise
of its duties and functions shall be held in confidence and may not be disclosed to anyone except to the extent
necessary to carry out the purposes of the review organization and is not subject to subpoena or discovery. Except as
provided in (b) of this section, a person described in AS 18.23.020
may not disclose what transpired at a meeting of a review organization except to the extent necessary to carry out the
purposes of a review organization, and the proceedings and records of a review organization are not subject to
discovery or introduction into evidence in a civil action against a health care provider arising out of the matter that
is the subject of consideration by the review organization. Information, documents, or records otherwise available from
original sources are not immune from discovery or use in a civil action merely because they were presented during
proceedings of a review organization, nor may a person who testified before a review organization or who is a member of
it be prevented from testifying as to matters within the person's knowledge, but a witness may not be asked about the
witness's testimony before a review organization or opinions formed by the witness as a result of its hearings, except
as provided in (b) of this section.
- (b) Testimony, documents, proceedings, records, and other evidence adduced before a review organization that are otherwise
inaccessible under this section may be obtained by a health care provider who claims that denial is unreasonable or may
be obtained under subpoena or discovery proceedings brought by a plaintiff who claims that information provided to a
review organization was false and claims that the person providing the information knew or had reason to know the
information was false.
- (c) Nothing in AS 18.23.005
- 18.23.070 prevents a person whose conduct or
competence has been reviewed under AS 18.23.005
- 18.23.070 from obtaining, for the purpose of
appellate review of the action of the review organization, any testimony, documents, proceedings, records, and other
evidence adduced before the review organization.
- (d) Notwithstanding the provisions of (b) and (c) of this section, information contained in a report submitted to the
State Medical Board, and information gathered by the board during an investigation, under AS 08.64.336 is not subject to subpoena or discovery unless
and until the board takes action to suspend, revoke, limit, or condition a license of the person who is the subject of
the report or investigation.
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