§59-328.71. Appeals proceedings privileged and protected from
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liability - Admissibility of findings or recommendations during hearing or trial of litigation.
A. The protections of Section 328.64 of this title relating to the records created by mediation committees shall apply equally to any records, documents, or proceedings produced in any appeal of a mediation committee recommendation or a state mediation appeals committee recommendation, and protections from liability contained in Section 328.63 of this title shall apply equally to persons conducting or participating in appeal proceedings.
B. Neither the whole nor any portion of the findings or recommendations of a mediation committee, state mediation appeals committee, or the Board of Dentistry shall be introduced or admissible during any hearing or trial of litigation brought by the patient, unless both patient and dentist, after the court filing of a petition/complaint agree that the whole or a portion of the findings of the mediation committee, state mediation appeals committee, or the Board will be introduced or admitted during a hearing or trial. Added by Laws 1991, c. 213, § 12, emerg. eff. May 21, 1991. Amended by Laws 1997, c. 203, § 8, eff. Nov. 1, 1997.