Proceedings and records of all review committees described in section 2305.25
of the Revised Code shall be held in confidence and shall not be subject to
discovery or introduction in evidence in any civil action against a health care
professional, the department of rehabilitation and correction, the department of
mental health, a hospital, a not-for-profit health care corporation which is a
member of the hospital or of which the hospital is a member, or other health
care institution arising out of matters which are the subject of evaluation and
review by the committee. No person in attendance at a meeting of a review
committee or serving as a member of a review committee shall be permitted or
required to testify in any civil action as to any evidence or other matters
produced or presented during the proceedings of the committee or as to any
finding, recommendation, evaluation, opinion, or other action of the committee
or member thereof. Information, documents, or records otherwise available from
original sources are not to be construed as being unavailable for discovery or
for use in any civil action merely because they were presented during
proceedings of a committee nor should any person testifying before a committee
or who is a member of the committee be prevented from testifying as to matters
within his knowledge, but the witness cannot be asked about his testimony before
the committee or opinion formed by him as a result of the committee hearing.
History
HISTORY: 136 v H 682 (Eff 7-28-75); 143 v H 347 (Eff 7-18-90); 146 v H
117. Eff 9-29-95.
The effective date is set by section 197 of HB 117.
[
§
2305.25.1]
§ 2305.251 Confidentiality of proceedings and records.
Text of Statute
-- This version of the statute was enacted in 1996 as part of Am. Sub. H.B.
350. In State ex rel. Ohio Academy of Trial Lawyers v. Sheward (1999), 86
Ohio St.3d 451, the Ohio Supreme Court held that "Am. Sub. H.B. No. 350
(the Tort Reform Act) violates the one-subject provision of § 15(D), art II of
the Ohio Constitution, and is unconstitutional in toto." Because of that
decision any pre-HB 350 versions and any post-HB 350 amendments to this statute
are also shown.
Proceedings and records WITHIN THE SCOPE OF THE PEER REVIEW OR UTILIZATION
REVIEW FUNCTIONS of all review BOARDS
,
committees
,
OR CORPORATIONS described in section 2305.25
of the Revised Code shall be held in confidence and shall not be subject to
discovery or introduction in evidence in any civil action against a health care
professional, the department of rehabilitation and correction, the department of
mental health, a hospital, a not-for-profit health care corporation which is a
member of
the
A hospital or of which
the
A hospital is a member, or other health care
institution
ENTITY arising out of matters
which
THAT are the subject of evaluation and review by the REVIEW BOARD
,
committee
,
OR CORPORATION. No person in attendance at a meeting of a review BOARD
,
committee
,
OR CORPORATION or serving as a member OR EMPLOYEE of a review BOARD
,
committee
,
OR CORPORATION shall be permitted or required to testify in any civil action as
to any evidence or other matters produced or presented during the proceedings of
the REVIEW BOARD
,
committee
,
OR CORPORATION or as to any finding, recommendation, evaluation, opinion, or
other action of the REVIEW BOARD
,
committee
,
OR CORPORATION or A member
thereof
OR EMPLOYEE OF IT. Information, documents, or records otherwise available from
original sources are not to be construed as being unavailable for discovery or
for use in any civil action merely because they were presented during
proceedings of a REVIEW BOARD
,
committee
,
OR CORPORATION
,
nor should any person testifying before a REVIEW BOARD
,
committee
,
OR CORPORATION or who is a member OR EMPLOYEE of the REVIEW BOARD
,
committee
,
OR CORPORATION be prevented from testifying as to matters within
his
THE PERSON'S knowledge, but the witness cannot be asked about
his
THE WITNESS'S testimony before the REVIEW BOARD
,
committee
,
OR CORPORATION or AN opinion formed by
him
THE WITNESS as a result of the REVIEW BOARD
,
committee
,
OR CORPORATION hearing. AN ORDER BY A COURT TO PRODUCE FOR DISCOVERY OR FOR USE
AT TRIAL THE PROCEEDINGS OR RECORDS DESCRIBED IN THIS SECTION IS A FINAL ORDER.
History
HISTORY: 136 v H 682 (Eff 7-28-75); 143 v H 347 (Eff 7-18-90); 146 v H 117
(Eff 9-29-95); 146 v H 350. Eff 1-27-97.
See provisions, § 5(K) of HB 350 (146 v --) following RC § 2305.25.
[§ 2305.25.1]
§ 2305.251 Confidentiality of proceedings and records.
Text of Statute
-- Post-HB 350 (Tort Reform Act) version of this section.
Proceedings and records within the scope of the peer review or utilization
review functions of all review boards, committees, or corporations described in
section 2305.25
of the Revised Code shall be held in confidence and shall not be subject to
discovery or introduction in evidence in any civil action against a health care
professional,
the department of rehabilitation and correction, the department of mental
health,
a hospital, a not-for-profit health care corporation
which
THAT is a member of a hospital or of which a hospital is a member, or
other
ANOTHER health care entity arising out of matters that are the subject of
evaluation and review by the review board, committee, or corporation. No person
in attendance at a meeting of a review board, committee, or corporation or
serving as a member or employee of a review board, committee, or corporation
shall be permitted or required to testify in any civil action as to any evidence
or other matters produced or presented during the proceedings of the review
board, committee, or corporation or as to any finding, recommendation,
evaluation, opinion, or other action of the review board, committee, or
corporation or a member or employee of it. Information, documents, or records
otherwise available from original sources are not to be construed as being
unavailable for discovery or for use in any civil action merely because they
were presented during proceedings of a review board, committee, or corporation,
nor should any person testifying before a review board, committee, or
corporation or who is a member or employee of the review board, committee, or
corporation be prevented from testifying as to matters within the person's
knowledge, but the witness cannot be asked about the witness's testimony before
the review board, committee, or corporation or an opinion formed by the witness
as a result of the review board, committee, or corporation hearing. An order by
a court to produce for discovery or for use at trial the proceedings or records
described in this section is a final order.
HISTORY: 136 v H 682 (Eff 7-28-75); 143 v H 347 (Eff 7-18-90); 146 v H 117
(Eff 9-29-95); 146 v H 350 (Eff 1-27-97); 147 v S 111. Eff 3-17-98.