Best Practices for Disclosing Peer Review Information to Third Parties
Presented by: Joanne P. Hopkins, JD
1. Identify the two Texas statutes that afford privileges of confidentiality and immunity to medical peer review.
a. Medical Peer Review Committee Privilege (Texas Occupations Code, Chapter 160).
b. Medical Committee Privilege (Texas Health & Safety Code, Section 161.031-033).
2. List at least two situations in which a Texas medical peer review committee may disclose confidential peer review information to a third party without waiving the privilege of confidentiality.
a. To another medical peer review committee.
b. To an appropriate state or federal agency.
c. To a national accreditation body.
d. To the Texas Medical Board.
e. To the state board of registration or licensing of physicians of another state.
3. Identify the distinction and implications of a factual disclosure as compared to an opinion or conclusion when responding to a third party query.
a. Factual disclosure is of facts that can be verified in the peer review file and truth is a defense to a defamation action.
b. Opinions and conclusions are not factual, may not be verifiable in the peer review file, and may not afford the defense of truth in a defamation action.
4. List at least two suggested elements of a policy on guidelines for disclosure of peer review information.
a. What information may be disclosed.
b. What is required before a disclosure is made.
c. Who can be provided with confidential peer review information.
d. Who makes the disclosure and any approval required.
e. Maintenance of copies of requests and disclosures maintained and for how long.
f. What rights does the subject practitioner have to access own information.
Approved for 1.5 NAMSS CE credits