{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-475.40","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-475.40","heading":"XXX","body":"A. As used in this section:\n\n1. \"Design profession\" means the practice of architecture,\n\nlandscape architecture, land surveying or engineering;\n\n2. \"Design professional\" means an architect, landscape\n\narchitect, land surveyor or professional engineer or a business\n\nentity authorized to practice one or more of the design professions\n\nspecified in paragraph 1 of this subsection;\n\n3. \"Architect\" shall have the same meaning ascribed to such\n\nterm in Section 46.3 of Title 59 of the Oklahoma Statutes;\n\n4. \"Landscape architect\" shall have the same meaning ascribed\n\nto such term in Section 46.3 of Title 59 of the Oklahoma Statutes;\n\n5. \"Land surveyor\" shall have the same meaning ascribed to such\n\nterm in Section 475.2 of Title 59 of the Oklahoma Statutes;\n\n6. \"Professional engineer\" shall have the same meaning ascribed\n\nto such term in Section 475.2 of Title 59 of the Oklahoma Statutes;\n\n7. \"Lessons learned\" means any internal meeting, class,\n\npublication in any medium, presentation, lecture or other means of\n\nteaching and communicating after substantial completion of the\n\nproject which is conducted solely and exclusively by and with the\n\nemployees, partners, consultants and coworkers of the design\n\nprofessional who prepared the project's design for the purpose of\n\nlearning best practices and reducing errors and omissions in design\n\ndocuments and procedures;\n\n8. \"Peer review\" or \"peer review process\" means any of the\n\nfollowing functions:\n\na. evaluating and improving the design, drawings\n\nspecifications or quality of services rendered by a\n\ndesign professional,\n\nb. evaluating the design, construction, procedures and\n\nresults of improvements to real property based upon\n\nservices rendered by a design professional during or\n\nafter completion of such improvements, or\n\nc. preparing an internal lessons-learned review of any\n\nproject or services rendered for the purpose of\n\nimproving the quality of services rendered by a design\n\nprofessional; and\n\n9. \"Peer reviewer\" or \"peer review committee\" means an\n\nindividual design professional or a committee of design\n\nprofessionals retained, employed, designated or appointed by:\n\na. a state, county or local society of design\n\nprofessionals, or\n\nb. the board of directors, chief executive officer,\n\nquality control director, risk manager or employed\n\ndesign professional of a business entity authorized to\n\npractice one or more of the design professions\n\nspecified in paragraph 1 of this subsection.\n\nB. The reports, statements, memoranda, proceedings, findings\n\nand other records submitted to or generated by any peer review\n\ncommittee or peer reviewer shall be privileged and shall not be\n\nsubject to discovery, subpoena or other means of legal compulsion\n\nfor their release to any person or entity or be admissible in\n\nevidence in any judicial or administrative proceeding. Information\n\ncontained in such records shall not be discoverable or admissible at\n\ntrial in the form of testimony by an individual who participated in\n\nthe peer review process.\n\nC. The design professional who retains, employs, designates or\n\nappoints the peer reviewer or peer review committee is the holder of\n\nthe privilege established by this section. This privilege may be\n\nclaimed by such design professional and shall not be waived as a\n\nresult of any disclosure by a peer reviewer or peer review\n\ncommittee.\n\nD. A peer review committee or peer reviewer may report to and\n\ndiscuss activities, information and findings with other peer review\n\ncommittees or peer reviewers or to the design professional who\n\nretains, employs, designates or appoints the peer reviewer or peer\n\nreview committee and with any officer, director or quality control\n\ndirector, risk manager or employed design professional thereof\n\nwithout waiver of the privilege provided by subsection B of this\n\nsection, and the records of all such peer review committees or peer\nw\n\ncommittees or peer reviewers or to the design professional who\n\nretains, employs, designates or appoints the peer reviewer or peer\n\nreview committee and with any officer, director or quality control\n\ndirector, risk manager or employed design professional thereof\n\nwithout waiver of the privilege provided by subsection B of this\n\nsection, and the records of all such peer review committees or peer\n\nreviewers relating to such report shall be privileged as provided by\n\nsubsection B of this section.\n\nE. Each peer reviewer and member of a peer review committee\n\nshall be immune from civil liability for such acts described in\n\nparagraph 8 of subsection A and subsection D of this section, so\n\nlong as the acts are performed in good faith, without malice and are\n\nreasonably related to the scope of inquiry of the peer review\n\nprocess. The immunity in this subsection is intended to cover only\n\noutside peer reviews by a third-party design professional who:\n\n1. Is not an employee, coworker or partner of the design\n\nprofessional whose design is being peer reviewed; and\n\n2. Has no other role in the project besides performing the peer\n\nreview.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ed6c04b9e33ae15eb5ca76a31da8411652bb8bfc15173164529258592f8c8cf4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-475.4","next":"us-ok/okla.-stat.-tit.-59-59-475.6"},"notice":"GroundRules: Original legal text. Not legal advice."}