145.64 CONFIDENTIALITY OF RECORDS OF REVIEW ORGANIZATION.
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
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
(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
without violating this section or
being subjected to a penalty under section
and without compromising the protections
provided under sections
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
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
Subd. 4. Standardized incident reporting system data.
A review organization that is
participating in a standardized incident reporting system described in section
, 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.
History: 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