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20-9-1206. Legislative intent — Privacy and confidentiality.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-9-1206. Legislative intent — Privacy and confidentiality.
(a) It is the intent of the General Assembly that a patient's right of confidentiality shall not be violated in any manner under this subchapter.
(b) Social Security numbers and any other information that could be used to identify an individual patient shall not be released under this subchapter.
(c) Except for the annual report that shall be a public document available to any person upon request, any data and materials collected or compiled by a health facility or obtained by the Department of Health under this subchapter shall be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating quality of medical or hospital care are exempt under § 16-46-105(a)(1) and shall not be admissible in any legal proceeding.
(d) Data collected and reported under this subchapter shall not be deemed to have established a standard of care for any purposes in a private civil litigation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-9-1206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-9-1206
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a3f3b3e14d5a10539c1798e29ef2d6c79f022c12d3e9b31e2e7fe1a0559acd20
Source location: content.xml paragraph 4728
Stored source content
20-9-1206. Legislative intent — Privacy and confidentiality.
(a) It is the intent of the General Assembly that a patient's right of confidentiality shall not be violated in any manner under this subchapter.
(b) Social Security numbers and any other information that could be used to identify an individual patient shall not be released under this subchapter.
(c) Except for the annual report that shall be a public document available to any person upon request, any data and materials collected or compiled by a health facility or obtained by the Department of Health under this subchapter shall be exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating quality of medical or hospital care are exempt under § 16-46-105(a)(1) and shall not be admissible in any legal proceeding.
(d) Data collected and reported under this subchapter shall not be deemed to have established a standard of care for any purposes in a private civil litigation.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-46-105. Records of and testimony before committees reviewing and evaluating quality of medical or hospital care.
(a)(1)(A) The proceedings, minutes, records, or reports of organized committees of hospital medical staffs or medical review committees of local medical societies, or a committee organized by and operating pursuant to a written plan or policy under the auspices of a professional corporation or a professional limited liability company whose members are licensed to practice medicine in this state, having the responsibility for reviewing and evaluating the quality of medical or hospital care, and any records, other than those records described in subsection (c) of this section, compiled or accumulated by the administrative staff of such hospitals or a physician group peer review committee as defined under § 20-9-501 in connection with such review or evaluation, together with all communications or reports originating in such committees, shall not be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible in any legal proceeding and shall be absolutely privileged communications.
(B) The submission of such proceedings, minutes, records, reports, and communications to a hospital governing board or physician group peer review committee as defined under § 20-9-501 shall not operate as a waiver of the privilege.
(2) Neither shall testimony as to events occurring during the activities of such committees be subject to discovery pursuant to the Arkansas Rules of Civil Procedure or the Freedom of Information Act of 1967, § 25-19-101 et seq., or admissible.
(b)(1) Nothing in this section shall be construed to prevent disclosure of the data mentioned in subsection (a) of t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-46-105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-46-105. This identifies an authority to review, not proof of applicability.