{"data":{"id":"us-ky/krs-311.377","jurisdiction":"us-ky","citation":"KRS 311.377","heading":"Waiver of claim for damages by applicant for or grantee of staff privileges","body":"-- Records confidential -- Exceptions -- Federal immunity provisions.\n(1) Any person who applies for, or is granted staff privileges after June 17, 1978, by\nany health services organization subject to licensing under the certificate of need\nand licensure provisions of KRS Chapter 216B, shall be deemed to have waived as\na condition of such application or grant, any claim for damages for any good faith\naction taken by any person who is a member, participant in or employee of or who\nfurnishes information, professional counsel, or services to any committee, board,\ncommission, or other entity which is duly constituted by any licensed hospital,\nlicensed hospice, licensed home h ealth agency, health insurer, health maintenance\norganization, health services corporation, organized medical staff, medical society,\nor association affiliated with the American Medical Association, American Podiatry\nAssociation, American Dental Associatio n, American Osteopathic Association, or\nthe American Hospital Association, or a medical care foundation affiliated with\nsuch a medical society or association, or governmental or quasigovernmental\nagency when the entity is performing the designated function  of review of\ncredentials or retrospective review and evaluation of the competency of professional\nacts or conduct of other health care personnel. This subsection shall have equal\napplication to, and the waiver be effective for, those persons who, subseque nt to\nJune 17, 1978, continue to exercise staff privileges previously granted by any such\nhealth services organization.\n(2) At all times in performing a designated professional review function, the\nproceedings, records, opinions, conclusions, and recommend ations of any\ncommittee, board, commission, medical staff, professional standards review\norganization, or other entity, as referred to in subsection (1) of this section, shall be\nconfidential and privileged and shall not be subject to discovery, subpoena, or\nintroduction into evidence, in any civil action in any court, including but not limited\nto medical malpractice actions, actions arising out of review of credentials or\nretrospective review and evaluation as referred to in subsection (1) of this section,\nand actions by an applicant for or grantee of staff privileges as referred to in\nsubsection (1) of this section, or in any administrative proceeding before any board,\nbody, or committee, whether federal, state, county, or city, except as specifically\nprovided with regard to the board in KRS 311.605(2). The confidentiality and\nprivilege protections of this subsection shall only be available to a person or entity\nthat attests to participating in a patient safety and quality improvement initiative,\nincluding the program established by the Patient Safety and Quality Improvement\nAct of 2005, 42 U.S.C. secs. 299b-21 to 299b-26. This subsection shall not apply to\nany proceedings or matters governed exclusively by federal law or federal\nregulation.\n(3) Nothing in s ubsection (2) of this section shall be construed to restrict or limit the\nright to discover or use in any civil action or other administrative proceeding any\nevidence, document, or record which is subject to discovery independently of the\nproceedings of the entity to which subsection (1) of this section refers.\n(4) No person who presents or offers evidence in proceedings described in subsection\n(2) of this section or who is a member of any entity before which such evidence is\npresented or offered may refuse  to testify in discovery or upon a trial of any civil\naction as to any evidence, document, or record described in subsection (3) of this\nsection or as to any information within his own knowledge, except as provided in\nsubsection (5) of this section.\n(5) No person shall be permitted or compelled to testify concerning his testimony or the\ntestimony of others except that of a defendant given in any proceeding referred to in\nsubsection (2) of this section, or as to any of his opinions formed as a result of the\nproceeding.\n(6) In any action in which the denial, termination, or restriction of staff membership or\nprivileges by any health care facility shall be in issue, agents, employees, or other\nrepresentatives of a health care entity may with the consent of the health care entity\ntestify concerning any evidence presented in proceedings related to the facility's\ndenial of staff membership or privileges.\n(7) Nothing in this section shall be construed to restrict or prevent the presentation of\ntestimony, records, fi ndings, recommendations, evaluations, opinions, or other\nactions of any entity described in subsection (1) of this section, in any statutory or\nadministrative proceeding related to the functions or duties of the entity.\n(8) In addition to the foregoing, th e immunity provisions of the federal Health Care\nQuality Improvement Act of 1986, P.L. 99-660, shall be effective arising under state\nlaws as of July 15, 1988.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47465","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:04Z","sha256":"da81d57a18ef7ad97f0ed87fc99f5791db6a5ceaa95e69ffbf3a5719c676359c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.376","next":"us-ky/krs-311.378"},"notice":"GroundRules: Original legal text. Not legal advice."}