65-4925. Reports, records and proceedings confidential and privileged; licensing agency disciplinary proceedings. (a) The reports and records made pursuant to K.S.A. 65-4923 or 65-4924, and amendments thereto, shall be confidential and privileged, including:
(1) Reports and records of executive or review committees of medical care facilities or of a professional society or organization;
(2) reports and records of the chief of the medical staff, chief administrative officer or risk manager of a medical care facility;
(3) reports and records of any state licensing agency or impaired provider committee of a professional society or organization; and
(4) reports made pursuant to this act to or by a medical care facility risk manager, any committee, the board of directors, administrative officer or any consultant.
Such reports and records shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in any civil or administrative action other than a disciplinary proceeding by the appropriate state licensing agency.
(b) No person in attendance at any meeting of an executive or review committee of a medical care facility or of a professional society or organization while such committee is engaged in the duties imposed by K.S.A. 65-4923 shall be compelled to testify in any civil, criminal or administrative action, other than a disciplinary proceeding by the appropriate licensing agency, as to any committee discussions or proceedings.
(c) No person in attendance at any meeting of an impaired provider committee shall be required to testify, nor shall the testimony of such person be admitted into evidence, in any civil, criminal or administrative action, other than a disciplinary proceeding by the appropriate state licensing agency, as to any committee discussions or proceedings.
(d) Any person or committee performing any duty pursuant to this act shall be designated a peer review committee or officer pursuant to K.S.A. 65-4915 and amendments thereto.
(e) A licensing agency in conducting a disciplinary proceeding in which admission of any peer review committee report, record or testimony is proposed shall hold the hearing in closed session when any such report, record or testimony is disclosed. Unless otherwise provided by law, a licensing agency conducting a disciplinary proceeding may close only that portion of the hearing in which disclosure of a report or record privileged under this section is proposed. In closing a portion of a hearing as provided by this section, the presiding officer may exclude any person from the hearing location except the licensee, the licensee's attorney, the agency's attorney, the witness, the court reporter and appropriate staff support for either counsel. The licensing agency shall make the portions of the agency record in which such report or record is disclosed subject to a protective order prohibiting further disclosure of such report or record. Such report or record shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity. No person in attendance at a closed portion of a disciplinary proceeding shall at a subsequent civil, criminal or administrative hearing, be required to testify regarding the existence or content of a report or record privileged under this section which was disclosed in a closed portion of a hearing, nor shall such testimony be admitted into evidence in any subsequent civil, criminal or administrative hearing. A licensing agency conducting a disciplinary proceeding may review peer review committee records, testimony or reports but must prove its findings with independently obtained testimony or records which shall be presented as part of the disciplinary proceeding in open meeting of the licensing agency. Offering such testimony or records in an open public hearing shall not be deemed a waiver of the peer review privilege relating to any peer review committee testimony, records or report.
History: L. 1986, ch. 229, § 6; L. 1987, ch. 176, § 11; L. 1997, ch. 149, § 2; May 1.
Structure Kansas Statutes
Article 49 - Health Care Providers
65-4902 Same; notice to parties; designation or selection of health care provider.
65-4905 Rejection by one or more parties; court action.
65-4906 Immunity of screening panel from damages, when.
65-4907 Compensation of panel members; assessment of costs.
65-4908 Filing memorandum request for panels to toll statute of limitations, when.
65-4914 Public policy relating to provision of health care.
65-4923 Reporting requirements.
65-4924 Reports relating to impaired providers; procedures.
65-4926 Immunity from civil liability for report or investigation, limits.
65-4927 Failure to report; remedies; immunity from civil liability.
65-4928 Employer retribution for reporting; prohibition; remedy.
65-4930 Act supplemental to existing law.
65-4941 Do not resuscitate orders or directives; definitions.
65-4943 Same; requirements of form.
65-4944 Same; immunity from liability.
65-4945 Same; existing documents, compliance with act.
65-4946 Same; DNR identifier; duties of emergency medical services board; rules and regulations.
65-4947 Same; validity of DNR order during transport of patient.
65-4948 Same; rules and regulations.
65-4955 Health care provider cooperation act; legislative findings; protection of public.
65-4961 Same; advisory committee of health care providers created.
65-4969 Contact lens advisory council established; membership on council; expenses of members.
65-4974 Research protocols; informed consent of adults and emancipated minors.
65-4975 Pain patient's quality of care act.
65-4976 Legislative findings on pain treatment.
65-4977 Persons suffering from pain; use of controlled substances for pain treatment.
65-4978 Medical retainer agreement; definitions; requirements; notice.