Maine Revised Statutes Title 24 Sec. 2510-A – Confidentiality of professional competence review records
Current as of: 2023 | Check for updates
|
Other versions
Except as otherwise provided by this chapter, all professional competence review records are privileged and confidential and are not subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and are not admissible as evidence in any civil, judicial or administrative proceeding. Information contained in professional competence review records is not admissible at trial or deposition in the form of testimony by an individual who participated in the written professional competence review process. Nothing in this section may be read to abrogate the obligations to report and provide information under section 2506, nor the application of Title 32, sections 2599 and 3296. [PL 1997, c. 697, §7 (NEW).]
1. Protection; waiver. This chapter’s protection may be invoked by a professional competence committee or by the subject of professional competence review activity in any civil, judicial or administrative proceeding. This section’s protection may be waived only by a written waiver executed by an authorized representative of the professional competence committee.
[PL 1997, c. 697, §7 (NEW).]
Terms Used In Maine Revised Statutes Title 24 Sec. 2510-A
- Adverse professional competence review action: means an action based upon professional competence review activity to reduce, restrict, suspend, deny, revoke or fail to grant or renew a physician's or veterinarian's:
A. See Maine Revised Statutes Title 24 Sec. 2502Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Physician: means any natural person authorized by law to practice medicine, osteopathic medicine or veterinary medicine within this State. See Maine Revised Statutes Title 24 Sec. 2502 Professional competence committee: means any of the following when engaging in professional competence review activity:
A. See Maine Revised Statutes Title 24 Sec. 2502Professional competence review activity: means study, evaluation, investigation, recommendation or action, by or on behalf of a health care entity and carried out by a professional competence committee, necessary to:
A. See Maine Revised Statutes Title 24 Sec. 2502Professional competence review records: means the minutes, files, notes, records, reports, statements, memoranda, data bases, proceedings, findings and work product prepared at the request of or generated by a professional competence review committee relating to professional competence review activity. See Maine Revised Statutes Title 24 Sec. 2502 Professional negligence: means that:
A. See Maine Revised Statutes Title 24 Sec. 2502Subpoena: A command to a witness to appear and give testimony. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Written professional competence review process: means a process that is reduced to writing and includes:
2. Adverse professional competence review action. Subsection 1 does not apply in a proceeding in which a physician contests an adverse professional competence review action against that physician, but the discovery, use and introduction of professional competence review records in such a proceeding does not constitute a waiver of subsection 1 in any other or subsequent proceedings seeking damages for alleged professional negligence against the physician who is the subject of such professional competence review records.
[PL 1997, c. 697, §7 (NEW).]
3. Defense of professional competence committee. Subsection 1 does not apply in a proceeding in which a professional competence committee uses professional competence review records in its own defense, but the discovery, use and introduction of professional competence review records in such a proceeding does not constitute a waiver of subsection 1 in the same or other proceeding seeking damages for alleged professional negligence against the physician who is the subject of such professional competence review records.
[PL 1997, c. 697, §7 (NEW).]
4. Waiver regarding individual. Waiver of subsection 1 in a proceeding regarding one physician does not constitute a waiver of subsection 1 as to other physicians.
[PL 1997, c. 697, §7 (NEW).]
SECTION HISTORY
PL 1997, c. 697, §7 (NEW).