(A) Every communication, whether oral or written, made by or on behalf of an individual, to the director or the panel, whether by way of complaint or testimony, is privileged, and no action or proceeding, civil or criminal, may be brought against the individual, by or on whose behalf the communication is made, except upon proof that the communication was made with malice.
(B) Nothing in this chapter may be construed to prohibit the respondent or his or her legal counsel from exercising the respondent's constitutional right of due process under the law, including, but not limited to, the respondent's right to have normal access to the charges and evidence filed against him or her.
HISTORY: 1996 Act No. 387, Section 1; 2013 Act No. 41, Section 7, eff June 7, 2013.
Effect of Amendment
The 2013 amendment, in subsection (A), deleted "disciplinary" before "panel"; in subsection (B), substituted " including, but not limited to, the respondent's right to have normal access to the charges and evidence filed against him or her" for "nor as prohibiting the respondent from normal access to the charges and evidence filed against him as part of due process under the law"; and made other nonsubstantive changes.
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