243 CMR 3.04 - Confidentiality of Records and Information
(1) To promote free and full compliance with
the reporting requirements set forth below, which will enhance the protection
of the public, information and records both generated pursuant to
243 CMR 3.00 and which relate
to the functions of a "Medical Peer Review Committee" (as defined by M.G.L. c.
111, § 1), are hereby deemed confidential and, to the extent allowable
under M.G.L. c. 111, § 204, not subject to subpoena, discovery or
introduction into evidence.
(2) To
protect the confidentiality of information and records both generated pursuant
to
243 CMR 3.00 and which also
relate to the functions of a Medical Peer Review
Committee (as defined by M.G.L. c. 111, § 1) and to assure
that this information and these records are not subject to subpoena, discovery
or introduction into evidence, the Patient Care Assessment Coordinator may
designate such information and records as "proceedings, reports and records of
a medical peer review committee," within the meaning of M.G.L. c. 111, §
204(a).
(3) Information and records
so designated by the Patient Care Assessment Coordinator pursuant to 243 CMR
3.04(2) may be maintained or utilized by the Board of Registration in Medicine,
including but not limited to its Data Repository and its Disciplinary Unit, in
its investigations or its other proceedings. Such information and records
maintained or utilized by the Board shall remain confidential and not subject
to subpoena, discovery or introduction into evidence, consistent with M.G.L. c.
111, § 204. However, such information and records may not remain
confidential if disclosed in an adjudicatory proceeding, but the information
and records shall be otherwise subject to any protections provided by M.G.L. c.
111, § 204.
(4) The provisions
in 243 CMR 3.04 shall not apply to "proceedings, reports and records of a
medical peer review committee," within the meaning of M.G.L. c. 111, §
204(a), if such proceedings, reports or records are obtained from a source
independent of a Medical Peer Review Committee.
Notes
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