KRS 311.377: Waiver of claim for damages by applicant for or grantee of staff privileges

-- Records confidential -- Exceptions -- Federal immunity provisions.

(1) Any person who applies for, or is granted staff privileges after June 17, 1978, by

any health services organization subject to licensing under the certificate of need

and licensure provisions of KRS Chapter 216B, shall be deemed to have waived as

a condition of such application or grant, any claim for damages for any good faith

action taken by any person who is a member, participant in or employee of or who

furnishes information, professional counsel, or services to any committee, board,

commission, or other entity which is duly constituted by any licensed hospital,

licensed hospice, licensed home h ealth agency, health insurer, health maintenance

organization, health services corporation, organized medical staff, medical society,

or association affiliated with the American Medical Association, American Podiatry

Association, American Dental Associatio n, American Osteopathic Association, or

the American Hospital Association, or a medical care foundation affiliated with

such a medical society or association, or governmental or quasigovernmental

agency when the entity is performing the designated function of review of

credentials or retrospective review and evaluation of the competency of professional

acts or conduct of other health care personnel. This subsection shall have equal

application to, and the waiver be effective for, those persons who, subseque nt to

June 17, 1978, continue to exercise staff privileges previously granted by any such

health services organization.

(2) At all times in performing a designated professional review function, the

proceedings, records, opinions, conclusions, and recommend ations of any

committee, board, commission, medical staff, professional standards review

organization, or other entity, as referred to in subsection (1) of this section, shall be

confidential and privileged and shall not be subject to discovery, subpoena, or

introduction into evidence, in any civil action in any court, including but not limited

to medical malpractice actions, actions arising out of review of credentials or

retrospective review and evaluation as referred to in subsection (1) of this section,

and actions by an applicant for or grantee of staff privileges as referred to in

subsection (1) of this section, or in any administrative proceeding before any board,

body, or committee, whether federal, state, county, or city, except as specifically

provided with regard to the board in KRS 311.605(2). The confidentiality and

privilege protections of this subsection shall only be available to a person or entity

that attests to participating in a patient safety and quality improvement initiative,

including the program established by the Patient Safety and Quality Improvement

Act of 2005, 42 U.S.C. secs. 299b-21 to 299b-26. This subsection shall not apply to

any proceedings or matters governed exclusively by federal law or federal

regulation.

(3) Nothing in s ubsection (2) of this section shall be construed to restrict or limit the

right to discover or use in any civil action or other administrative proceeding any

evidence, document, or record which is subject to discovery independently of the

proceedings of the entity to which subsection (1) of this section refers.

(4) No person who presents or offers evidence in proceedings described in subsection

(2) of this section or who is a member of any entity before which such evidence is

presented or offered may refuse to testify in discovery or upon a trial of any civil

action as to any evidence, document, or record described in subsection (3) of this

section or as to any information within his own knowledge, except as provided in

subsection (5) of this section.

(5) No person shall be permitted or compelled to testify concerning his testimony or the

testimony of others except that of a defendant given in any proceeding referred to in

subsection (2) of this section, or as to any of his opinions formed as a result of the

proceeding.

(6) In any action in which the denial, termination, or restriction of staff membership or

privileges by any health care facility shall be in issue, agents, employees, or other

representatives of a health care entity may with the consent of the health care entity

testify concerning any evidence presented in proceedings related to the facility's

denial of staff membership or privileges.

(7) Nothing in this section shall be construed to restrict or prevent the presentation of

testimony, records, fi ndings, recommendations, evaluations, opinions, or other

actions of any entity described in subsection (1) of this section, in any statutory or

administrative proceeding related to the functions or duties of the entity.

(8) In addition to the foregoing, th e immunity provisions of the federal Health Care

Quality Improvement Act of 1986, P.L. 99-660, shall be effective arising under state

laws as of July 15, 1988.