Oklahoma § 59-328.64 - Proceedings of mediation committee privileged Exceptions

§ 59-328.64. Proceedings of mediation committee privileged Exceptions

A. Except as provided in subsections B and C of this section,

any reports, statements, memoranda, proceedings, findings, or other

records of mediation committees shall be privileged and shall not be

subject to discovery, subpoena or other means of legal compulsion

for their release to any person or entity and shall not be

admissible in evidence in any judicial or administrative proceeding.

Nor shall any participants in the mediation process be compelled to

disclose the proceedings of the mediation committee by deposition,

interrogatories, requests for admission, or other means of legal

compulsion for use as evidence in any judicial or administrative

proceeding. This privilege may be claimed by the legal entity

creating the mediation committee, the mediation committee, the

individual members of the mediation committee, the dentist whose

conduct is being examined, the patient requesting mediation and any

witnesses testifying before or supplying information to the

mediation committee. Such privilege shall only protect information

derived from the mediation proceedings and shall not restrict

discovery directed to the dentist who treated the patient, even

though the testimony or records of the dentist have become part of

the mediation record.

B. Nothing in this section shall limit the authority, which may

otherwise be provided by law, of the Board of Dentistry to obtain

records of proceedings of the mediation committee for use:

1. In conjunction with the determination of appeals of

mediation committee recommendations;

2. In an investigation being conducted by a review panel of the

Board, pursuant to Section 328.43a of this title; or

3. In an individual proceeding being conducted by the Board,

pursuant to Section 328.44a of this title.

C. Nothing in this section shall limit the authority, which may

otherwise be provided by law, of the Attorney General of the State

of Oklahoma, a District Attorney, or a United States Attorney to

obtain records of proceedings of the mediation committee for use in

investigations or litigation, conducted by the State of Oklahoma or

the federal government.

Oklahoma Statutes - Title 59. Professions and Occupations

Added by Laws 1991, c. 213, § 5, emerg. eff. May 21, 1991.

by Laws 1997, c. 203, § 2, eff. Nov. 1, 1997.

Amended