Subdivision 1. Data and information. (a) Except as provided in subdivision 4, data and information acquired by a review organization, in the exercise of its duties and functions, or by an individual or other entity acting at the direction of a review organization, shall be held in confidence, shall not be disclosed to anyone except to the extent necessary to carry out one or more of the purposes of the review organization, and shall not be subject to subpoena or discovery. No person described in section 145.63 shall disclose what transpired at a meeting of a review organization except to the extent necessary to carry out one or more of the purposes of a review organization. The proceedings and records of a review organization shall not be subject to discovery or introduction into evidence in any civil action against a professional arising out of the matter or matters which are the subject of consideration by the review organization. Information, documents or records otherwise available from original sources shall not be immune from discovery or use in any civil action merely because they were presented during proceedings of a review organization, nor shall any person who testified before a review organization or who is a member of it be prevented from testifying as to matters within the person's knowledge, but a witness cannot be asked about the witness' testimony before a review organization or opinions formed by the witness as a result of its hearings. For purposes of this subdivision, records of a review organization include Internet-based data derived from data shared for the purposes of the standardized incident reporting system described in section 145.61, subdivision 5, clause (q), and reports submitted electronically in compliance with sections 144.706 to 144.7069.
(b) Notwithstanding paragraph (a), a review organization may release non-patient-identified aggregate trend data on medical error and iatrogenic injury and a facility may file the reports, analyses, and plans required by sections 144.706 to 144.7069 without violating this section or being subjected to a penalty under section 145.66 and without compromising the protections provided under sections 145.61 to 145.67 to the reporter of such information; to the review organization, its sponsoring organizations, and members; and to the underlying data and reports.
(c) The confidentiality protection and protection from discovery or introduction into evidence provided in this subdivision shall also apply to the governing body of the review organization and shall not be waived as a result of referral of a matter from the review organization to the governing body or consideration by the governing body of decisions, recommendations, or documentation of the review organization.
(d) The governing body of a hospital, health maintenance organization, or community integrated service network, that is owned or operated by a governmental entity, may close a meeting to discuss decisions, recommendations, deliberations, or documentation of the review organization. A meeting may not be closed except by a majority vote of the governing body in a public meeting. The closed meeting must be tape recorded and the tape must be retained by the governing body for five years.
Subd. 2. Provider data. The restrictions in subdivision 1 shall not apply to professionals requesting or seeking through discovery, data, information, or records relating to their medical staff privileges, membership, or participation status. However, any data so disclosed in such proceedings shall not be admissible in any other judicial proceeding than those brought by the professional to challenge an action relating to the professional's medical staff privileges or participation status.
Subd. 3. Hennepin County emergency medical services data. Data collected, created, or maintained by the quality committee of the Hennepin County Emergency Medical Services Advisory Council when conducting a health care review activity of the emergency medical services function or services are private data on individuals or nonpublic data not on individuals, as defined in section 13.02.
Subd. 4. Standardized incident reporting system data. A review organization that is participating in a standardized incident reporting system described in section 145.61, subdivision 5, clause (q), may release data for purposes of the reporting system, provided that the data do not identify an individual and are not released in a manner in which an individual can be identified.
Subd. 5. Commissioner of health. Nothing in this section shall be construed to prohibit or restrict the right of the commissioner of health to access the original information, documents, or records acquired by a review organization as permitted by law.
1971 c 283 s 4; 1974 c 295 s 4; 1975 c 73 s 2; 1986 c 444; 1991 c 137 s 5; 1992 c 549 art 7 s 7; 1994 c 497 s 3; 1994 c 625 art 8 s 47; 1996 c 440 art 1 s 37; 1997 c 225 art 2 s 62; 2001 c 120 s 2-4; 2003 c 99 s 6
Structure Minnesota Statutes
Chapter 145 — Public Health Provisions
Section 145.075 — Injunctive Relief Brought By Commissioner.
Section 145.131 — Findings And Purpose.
Section 145.135 — Uniform Determination Of Death Act.
Section 145.161 — Dissection; When Permitted.
Section 145.1621 — Disposition Of Aborted Or Miscarried Fetuses.
Section 145.1622 — Policy For Notification Of Disposition Options.
Section 145.267 — Fetal Alcohol Spectrum Disorders Prevention Grants.
Section 145.30 — Superintendent Of Hospitals To Transfer Records.
Section 145.31 — Copies To Be Used As Evidence.
Section 145.32 — Old Records May Be Destroyed.
Section 145.33 — Construction.
Section 145.36 — Exposing Person With Contagious Disease.
Section 145.365 — Trafficking In Skunks.
Section 145.37 — Manufacture Of Certain Products Which May Be Injurious.
Section 145.41 — Blood Donations, Age Of Donor.
Section 145.411 — Regulation Of Abortions; Definitions.
Section 145.412 — Criminal Acts.
Section 145.413 — Recording And Reporting Health Data.
Section 145.4131 — Recording And Reporting Abortion Data.
Section 145.4132 — Recording And Reporting Abortion Complication Data.
Section 145.4133 — Reporting Out-of-state Abortions.
Section 145.4134 — Commissioner's Public Report.
Section 145.4135 — Enforcement; Penalties.
Section 145.4136 — Severability.
Section 145.414 — Abortion Not Mandatory.
Section 145.415 — Live Fetus After Abortion, Treatment.
Section 145.416 — Licensing And Regulation Of Facilities.
Section 145.42 — Abortions; Nonliability For Refusal To Perform.
Section 145.421 — Human Conceptus, Living; Definitions.
Section 145.422 — Experimentation, Research Or Sale.
Section 145.423 — Abortion; Live Births.
Section 145.4235 — Positive Abortion Alternatives.
Section 145.424 — Prohibition Of Tort Actions.
Section 145.4241 — Definitions.
Section 145.4242 — Informed Consent.
Section 145.4243 — Printed Information.
Section 145.4244 — Internet Website.
Section 145.4245 — Procedure In Case Of Medical Emergency.
Section 145.4246 — Reporting Requirements.
Section 145.4248 — Severability.
Section 145.4249 — Supreme Court Jurisdiction.
Section 145.425 — Pay Toilets In Public Places; Prohibitions; Penalty.
Section 145.471 — Prenatal Trisomy Diagnosis Awareness Act.
Section 145.4711 — Definitions.
Section 145.4712 — Emergency Care To Sexual Assault Victims.
Section 145.4713 — Complaints.
Section 145.4715 — Reporting Prevalence Of Sexual Violence.
Section 145.4716 — Safe Harbor For Sexually Exploited Youth.
Section 145.4717 — Regional Navigator Grants.
Section 145.4718 — Program Evaluation.
Section 145.56 — Suicide Prevention.
Section 145.62 — Providing Information To Review Organization; Immunity.
Section 145.63 — Review Organization; Advisory Capacity; Immunity.
Section 145.64 — Confidentiality Of Records Of Review Organization.
Section 145.65 — Guidelines Not Admissible In Evidence.
Section 145.66 — Penalty For Violation.
Section 145.67 — Protection Of Patient.
Section 145.671 — Pediatric Vaccine Administration.
Section 145.672 — Healthy Children Through Immunization.
Section 145.682 — Certification Of Expert Review; Affidavit.
Section 145.698 — Confinement Of Drug Dependent Person.
Section 145.711 — Definitions.
Section 145.712 — Requirements For Contact Lenses Prescriptions.
Section 145.713 — Optometrist And Physician Practices.
Section 145.7131 — Exception To Eyeglass Prescription Expiration.
Section 145.714 — Enforcement.
Section 145.851 — Definitions.
Section 145.852 — Identifying Devices For Persons Having Certain Conditions.
Section 145.853 — Duty Of Law Enforcement Officer.
Section 145.854 — Duty Of Medical Practitioners.
Section 145.855 — Duty Of Others.
Section 145.856 — Falsifying Identification Or Misrepresenting Condition; Penalty.
Section 145.857 — Other Duties.
Section 145.867 — Persons Requiring Special Diets.
Section 145.87 — Home Visiting For Pregnant Women And Families With Young Children.
Section 145.8811 — Maternal And Child Health Advisory Task Force.
Section 145.882 — Maternal And Child Health Block Grant Distribution.
Section 145.8821 — Accountability.
Section 145.883 — Definitions.
Section 145.892 — Definitions.
Section 145.893 — Nutritional Supplement Program.
Section 145.894 — State Commissioner Of Health; Duties, Responsibilities.
Section 145.895 — Department Of Human Services.
Section 145.896 — Program Not A Substitute Or Replacement.
Section 145.897 — Food Benefits.
Section 145.898 — Sudden Infant Death.
Section 145.899 — Wic Food Benefits For Organics.
Section 145.901 — Maternal Death Studies.
Section 145.902 — Give Life A Chance; Safe Place For Newborns Duties; Immunity.
Section 145.905 — Location For Breastfeeding.
Section 145.906 — Postpartum Depression Education And Information.
Section 145.907 — Maternal Depression; Definition.
Section 145.924 — Aids Prevention Grants.
Section 145.925 — Family Planning Grants.
Section 145.9255 — Minnesota Education Now And Babies Later; Health.
Section 145.9261 — Abstinence Education Grant Program.
Section 145.9265 — Fetal Alcohol Syndrome Effects; Drug-exposed Infant.
Section 145.9266 — Fetal Alcohol Syndrome Campaign And Education.
Section 145.9268 — Community Clinic Grants.
Section 145.9269 — Federally Qualified Health Centers.
Section 145.928 — Eliminating Health Disparities.
Section 145.929 — Health Care Grants For The Uninsured.
Section 145.93 — Minnesota Poison Information Centers; Establishment.
Section 145.94 — Exposure To Hazardous Substance.
Section 145.945 — Certain Sales Of Cleaning Products Prohibited.
Section 145.951 — Implementation Plan; Statewide Program For Families.
Section 145.952 — Definitions.
Section 145.953 — Program Structure.
Section 145.954 — Standards For Program.
Section 145.955 — Duties Of Local Organization.
Section 145.956 — Training And Recruitment Of Volunteers.
Section 145.957 — Eligibility.
Section 145.958 — Youth Violence Prevention.