325.431 Evidentiary privilege for sponsoring organization materials -- Testimonial
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/ky/325-431A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
privilege -- Exceptions.
(1)The proceedings, records, and workpapers of the sponsoring organization shall be
privileged and not subject to discovery, subpoena, or other means of legal process,
or introduction into evidence in any civil action, arbitration, administrative
proceeding, or state accountancy board proceeding. No member of the sponsoring
organization or person involved in the peer review process shall testify in any civil
action, arbitration, administrative proceeding, or state accountancy board
proceeding as to any matter produced, presented, disclosed, or discussed during or
in connection with the peer review process, or as to any finding, recommendation,
evaluation, opinion, or other action of the committee.
(2)Information, documents, or records that are publicly available shall not be immune
from discovery or use in any civil action, arbitration, administrative proceeding, or
state accountancy board proceeding merely because they were presented or
considered in connection with the peer review process.
(3)The privilege created in subsection
(1)of this section shall not apply to:
(a)Materials prepared in connection with a particular engagement merely because
they happen to subsequently be presented or considered as part of the peer of
review process.
(b)Disputes between the sponsoring organization and persons or firms subject to
a peer review arising from the performance of the peer review.
(c)Correspondence and reports of the peer review program obtained by the board
from a licensee seeking renewal or an individual or firm seeking to become
licensed.
(d)A statement obtained by the board from sponsoring organization to determine
if a licensee seeking renewal or an individual or firm seeking to become
licensed is enrolled in or is not enrolled in a peer review program.