S.J.R.
15
JOINT RESOLUTION AMENDING RULES OF CIVIL PROCEDURE ON PEER
REVIEW
Senate Floor
Amendments
Amendment 1 March 1, 2012 8:49 AM
Senator Jerry W. Stevenson proposes the following amendments:
1. Page 5, Lines 136 through 138 :
136 forth below. Privileged matters that are not discoverable or admissible in any proceeding of
137 any kind or character include all information in any form provided
{
to
}
during
and
{
relating
to
}
created specifically as part of a request for an investigation
the
138 investigation, findings, or conclusions of
peer review, care review, or quality assurance processes of
any organization of health care providers as defined
2. Page 11, Line 295 :
295 UCA, 1953.
The language is intended to ensure the confidentiality of peer review, care review, and
quality assurance processes and to ensure that the privilege is limited only to documents and
information created specifically as part of the processes. It does not extend to knowledge gained or
documents created outside or independent of the processes. The language is not intended to limit the
court's existing ability, if it chooses, to review contested documents in camera in order to determine
whether the documents fall within the privilege. The language is not intended to alter any existing law,
rule, or regulation relating to the confidentiality, admissibility, or disclosure of proceedings before the
Utah Division of Occupational and Professional Licensing.
The Legislature intends that these privileges
apply to all pending and future
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