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§ 36-4B-34.2 Data of peer review committee--Disclosure--Discovery--Admissibility--Testimony.

SD Codified L § 36-4B-34.2 (2019) (N/A)
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36-4B-34.2. Data of peer review committee--Disclosure--Discovery--Admissibility--Testimony. The proceedings, records, reports, statements, minutes, or any other data whatsoever of any committee described in § 36-4B-34.1 relating to peer review activities defined in § 36-4B-34.4, are not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and are not admissible as evidence in any action of any kind in any court or arbitration forum, except as provided in this section. No person in attendance at any meeting described in § 36-4B-34.1 is required to testify as to what transpired at such meeting. The prohibition relating to discovery of evidence does not apply to deny an emergency medical technician at any level access to, or use of, information upon which a decision regarding the person's staff privileges or employment are based. The prohibition relating to discovery of evidence does not apply to deny any person or the person's counsel in defense of an action against that person access to the materials covered under this section.

Source: SL 2004, ch 244, § 2.

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§ 36-4B-34.1 Peer review committee--Activities--Liability of members.
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§ 36-4B-34.3 Application of § 36-4B-34.2 to observations made and records prepared during treatment--Testimony as witness.