{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1709.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1709.1","heading":"Peer review information","body":"A. As used in this section:\n\n1. \"Credentialing or recredentialing data\" means:\n\na. the application submitted by a health care\n\nprofessional requesting appointment or reappointment\n\nto the medical staff of a health care entity or\n\nrequesting clinical privileges or other permission to\n\nprovide health care services at a health care entity,\n\nb. any information submitted by the health care\n\nprofessional in support of such application,\n\nc. any information, unless otherwise privileged, obtained\n\nby the health care entity during the credentialing or\n\nrecredentialing process regarding such application,\n\nand\n\nd. the decision made by the health care entity regarding\n\nsuch application;\n\n2. \"Credentialing or recredentialing process\" means any\n\nprocess, program or proceeding utilized by a health care entity to\n\nassess, review, study or evaluate the credentials of a health care\n\nprofessional;\n\n3. \"Health care entity\" means:\n\na. any hospital or related institution offering or\n\nproviding health care services under a license issued\n\npursuant to Section 1-706 of this title,\n\nb. any ambulatory surgical center offering or providing\n\nhealth care services under a license issued pursuant\n\nto Section 2660 of this title,\n\nc. the clinical practices of accredited allopathic and\n\nosteopathic state medical schools, and\n\nd. any other entity directly involved in the delivery of\n\nhealth care services that engages in a credentialing\n\nor peer review process;\n\n4. \"Health care professional\" means any person authorized to\n\npractice allopathic medicine and surgery, osteopathic medicine,\n\npodiatric medicine, optometry, chiropractic, psychology, dentistry,\n\nor a dental specialty, a physician assistant, or an advanced\n\npractice registered nurse under a license issued pursuant to Title\n\n59 of the Oklahoma Statutes;\n\n5. \"Peer review information\" means all records, documents and\n\nother information generated during the course of a peer review\n\nprocess, including any reports, statements, memoranda,\n\ncorrespondence, record of proceedings, materials, opinions,\n\nfindings, conclusions and recommendations, credentialing data and\n\nrecredentialing data, but does not include:\n\na. the medical records of a patient whose health care in\n\na health care entity is being reviewed,\n\nb. incident reports and other like documents regarding\n\nhealth care services being reviewed, regardless of how\n\nthe reports or documents are titled or captioned,\n\nc. the identity of any individuals who have personal\n\nknowledge regarding the facts and circumstances\n\nsurrounding the patient's health care in the health\n\ncare entity,\n\nd. factual statements regarding the patient's health care\n\nin the health care entity from any individuals who\n\nhave personal knowledge regarding the facts and\n\ncircumstances surrounding the patient's health care,\n\nwhich factual statements were generated outside the\n\npeer review process,\n\ne. the identity of all documents and raw data previously\n\ncreated elsewhere and considered during the peer\n\nreview process, or\n\nf. copies of all documents and raw data previously\n\ncreated elsewhere and considered during the peer\n\nreview process, whether available elsewhere or not;\n\nand\n\n6. \"Peer review process\" means any process, program or\n\nproceeding, including a credentialing or recredentialing process,\n\nutilized by a health care entity or county medical society to\n\nassess, review, study or evaluate the credentials, competence,\n\nprofessional conduct or health care services of a health care\n\nprofessional.\n\nB. 1. Peer review information shall be private, confidential\n\nand privileged except that a health care entity or county medical\n\nsociety shall be permitted to provide relevant peer review\n\ninformation to the state agency or board which licensed the health\n\ncare professional who provided the health care services being\ne,\n\nprofessional conduct or health care services of a health care\n\nprofessional.\n\nB. 1. Peer review information shall be private, confidential\n\nand privileged except that a health care entity or county medical\n\nsociety shall be permitted to provide relevant peer review\n\ninformation to the state agency or board which licensed the health\n\ncare professional who provided the health care services being\n\nreviewed in a peer review process or who is the subject of a\n\ncredentialing or recredentialing process, with notice to the health\n\ncare professional.\n\n2. Nothing in this section shall be construed to abrogate,\n\nalter or affect any provision in the Oklahoma Statutes which\n\nprovides that information regarding liability insurance of a health\n\ncare entity or health care professional is not discoverable or\n\nadmissible.\n\nC. In any civil action in which a patient or patient's legal\n\nrepresentative has alleged that the patient has suffered injuries\n\nresulting from negligence by a health care professional in providing\n\nhealth care services to the patient in a health care entity, factual\n\nstatements, presented during a peer review process utilized by such\n\nhealth care entity, regarding the patient's health care in the\n\nhealth care entity from individuals who have personal knowledge of\n\nthe facts and circumstances surrounding the patient's health care\n\nshall not be subject to discovery.\n\nD. 1. In any civil action in which a patient or patient's\n\nlegal representative has alleged that the health care entity was\n\nindependently negligent as a result of permitting the health care\n\nprofessional to provide health care services to the patient in the\n\nhealth care entity, the credentialing and recredentialing data, and\n\nthe recommendations made and action taken as a result of any peer\n\nreview process utilized by such health care entity regarding the\n\nhealth care professional prior to the date of the alleged negligence\n\nshall be subject to discovery pursuant to the Oklahoma Discovery\n\nCode.\n\n2. Any information discovered pursuant to this subsection:\n\na. shall not be admissible as evidence until a judge or\n\njury has first found the health care professional to\n\nhave been negligent in providing health care services\n\nto the patient in such health care entity, and\n\nb. shall not at any time include the identity or means by\n\nwhich to ascertain the identity of any other patient\n\nor health care professional.\n\nE. No person involved in a peer review process may be permitted\n\nor required to testify regarding the peer review process in any\n\ncivil proceeding or disclose by responses to written discovery\n\nrequests any peer review information.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"09a7478e4f863c166884c26f9f95d864d1c4f7eb9466d0a9530311f22ad1ee0c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1709","next":"us-ok/okla.-stat.-tit.-63-63-1-1710"},"notice":"GroundRules: Original legal text. Not legal advice."}