KRS 325.431: Evidentiary privilege for sponsoring organization materials -- Testimonial

privilege -- Exceptions.

(1) The proceedings, records, and workpapers of the sponsoring organization shall be

privileged and not subject to discovery, subpoena, or other means of legal process,

or introduction into evidence in any civil action, arbitration, administrative

proceeding, or state accountancy board proceeding. No member of the sponsoring

organization or person involved in the peer review process shall testify in any civil

action, arbitration, administrative proceeding, or state accountancy board

proceeding as to any matter produced, presented, disclosed, or discussed during or

in connection with the peer review process, or as to any finding, recommendation,

evaluation, opinion, or other action of the committee.

(2) Information, documents, or records that are publicly available shall not be immune

from discovery or use in any civil action, arbitration, administrative proceeding, or

state accountancy board proceed ing merely because they were presented or

considered in connection with the peer review process.

(3) The privilege created in subsection (1) of this section shall not apply to:

(a) Materials prepared in connection with a particular engagement merely because

they happen to subsequently be presented or considered as part of the peer of

review process.

(b) Disputes between the sponsoring organization and persons or firms subject to

a peer review arising from the performance of the peer review.

(c) Correspondence and reports of the peer review program obtained by the board

from a licensee seeking renewal or an individual or firm seeking to become

licensed.

(d) A statement obtained by the board from sponsoring organization to determine

if a licensee seeking renew al or an individual or firm seeking to become

licensed is enrolled in or is not enrolled in a peer review program.