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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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