(a)(1) Except as provided in subsection (b) of this section, professional review activities are within the categories of records and proceedings that are exempt from discovery and disclosure under state law, including without limitation § 16-46-105(a)(1) and § 20-9-503.(2) This subchapter does not affect the admissibility in evidence in any action or proceeding of the medical records of any patient.(b) This subchapter does not: (1) Abrogate the immunity provisions of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., or the confidentiality or immunity provisions of § 16-46-105, § 17-1-102, or § 20-9-501 et seq.; or(2) Prevent discovery and admissibility of evidence from the professional review activities if the legal action is brought by a physician who has been subjected to the professional review activity or action.Amended by Act 2017, No. 975,§ 5, eff. 8/1/2017.Added by Act 2013, No. 766,§ 1, eff. 8/16/2013. (a)(1) Except as provided in subsection (b) of this section, professional review activities are within the categories of records and proceedings that are exempt from discovery and disclosure under state law, including without limitation § 16-46-105(a)(1) and § 20-9-503.(2) This subchapter does not affect the admissibility in evidence in any action or proceeding of the medical records of any patient.(b) This subchapter does not: (1) Abrogate the immunity provisions of the Health Care Quality Improvement Act of 1986, 42 U.S.C. § 11101 et seq., or the confidentiality or immunity provisions of § 16-46-105, § 17-1-102, or § 20-9-501 et seq.; or(2) Prevent discovery and admissibility of evidence from the professional review activities if the legal action is brought by a physician who has been subjected to the professional review activity or action.Amended by Act 2017, No. 975,§ 5, eff. 8/1/2017.Added by Act 2013, No. 766,§ 1, eff. 8/16/2013.
Arkansas Legal Code