Montana Code 37-2-404. Medical practice group quality assurance — confidentiality — exception — liability of members
37-2-404. Medical practice group quality assurance — confidentiality — exception — liability of members. (1) Except as provided in subsection (6), the proceedings of a quality assurance committee of a medical practice group, the data it produces, and the material it considers:
Terms Used In Montana Code 37-2-404
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Data: means written reports, notes, or records or oral reports or proceedings created by or at the request of a quality assurance committee that may be shared with a medical practitioner, including the medical practitioner being reviewed, and that are used exclusively in connection with quality assessment or improvement activities, including but not limited to the professional training, supervision, or discipline of a medical practitioner by a medical practice group. See Montana Code 37-2-401
- 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.
- Fraud: Intentional deception resulting in injury to another.
- Health care facility: has the meaning provided in 50-5-101. See Montana Code 37-2-401
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Medical practice group: means a group of two or more medical practitioners practicing medicine in a professional corporation, professional limited liability company, partnership, sole proprietorship, or associations of these entities. See Montana Code 37-2-401
- Medical practitioner: means an individual licensed by the state of Montana to engage in the practice of medicine, osteopathy, podiatry, optometry, or a nursing specialty described in 37-8-202 or licensed as a physician assistant pursuant to 37-20-203. See Montana Code 37-2-401
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Quality assurance committee: means a duly appointed committee within a medical practice group that administers a quality assurance program and may be called by another name within the medical practice group, including but not limited to a utilization review, peer review, medical ethics review, professional standards review, quality assurance, or quality improvement committee. See Montana Code 37-2-401
- Quality assurance program: means a comprehensive, ongoing system of mechanisms established by a medical practice group for monitoring and evaluating the quality and appropriateness of the care provided to patients in order to:
(a)identify and take steps to correct any significant problems and trends in the delivery of care; and
(b)take advantage of opportunities to improve care. See Montana Code 37-2-401
- Records: means records of interviews, internal reviews and investigations, and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the activities of a quality assurance program. See Montana Code 37-2-401
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
- Writing: includes printing. See Montana Code 1-1-203
(a)must be confidential;
(b)may not be considered to be a public record; and
(c)may not be subject to discovery or introduction into evidence in any civil action against a health care facility or an individual employed by or under contract with a health care facility or a medical practice group that results from matters that are the subject of evaluation and review by the quality assurance committee.
(2)A person who was in attendance at a meeting of the quality assurance committee may not be required to testify in any civil action about:
(a)the information and materials produced or presented during the proceedings of the quality assurance committee; or
(b)the findings, recommendations, evaluations, opinions, or other actions of the quality assurance committee or its members.
(3)Information otherwise available is not immune from discovery or use in a civil action merely because the information was presented during proceedings of the quality assurance committee. Nothing in this section may prevent a medical practitioner from using otherwise available information in connection with an administrative hearing or civil suit relating to the medical staff membership, clinical privileges, or employment of the medical practitioner.
(4)A member of the quality assurance committee or a person who provides information orally or in writing to a quality assurance committee may be subpoenaed and required to testify in a civil action regarding events about which the person has knowledge independent of the quality assurance program. The member or person may not be asked:
(a)for impeachment or other purposes, about the information the person provided to the quality assurance committee; or
(b)about any opinions formed as a result of the quality assurance committee proceeding.
(5)All data relating to quality assurance committee activities compiled under this part must be maintained in a confidential location separate from patient medical records.
(6)The governing body of a medical practice group may waive privileges under this section and release information or present data of the quality assurance program by discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. Without waiving privileges under this section, the governing body of a medical practice group may voluntarily release information or present data to a health care facility quality assurance committee established under 50-16-202. The information or records must be subject to the privileges and immunities provided for in 50-16-202.
(7)A duly appointed member of a quality assurance committee who acts without malice or fraud may not be subject to liability for damages in any civil action because of any act, statement, or proceeding undertaken, made, or performed within the scope of the functions of the quality assurance committee.