IC 16-49-6-10: Confidentiality of records; immunity

Sec. 10. (a) Local fetal-infant mortality review team members and individuals who attend a local fetal-infant mortality review team meeting at the invitation of the chairperson shall maintain the confidentiality of records and information discussed and disseminated during a local fetal-infant mortality review team meeting.

(b) The local fetal-infant mortality review team members and individuals who attend a review team meeting at the invitation of the chairperson:

(1) may discuss among themselves confidential matters that are before the local fetal-infant mortality review team; and

(2) are, except when acting:

(A) with malice;

(B) in bad faith; or

(C) with negligence;

immune from any civil or criminal liability that might otherwise be imposed as a result of sharing among themselves those matters.

(c) The discussions, determinations, conclusions, and recommendations of the local fetal-infant mortality review team or its members concerning a review of a fatality at a review team meeting:

(1) are privileged; and

(2) are not:

(A) subject to subpoena or discovery; or

(B) admissible as evidence;

in any judicial or administrative proceeding.