Wyatt Employment Law Report


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Senate Bill 18: Will the General Assembly Finally Clarify the Reach of the Peer Review Privilege?

By Rachel K. Mulloy

A bill passed in the Kentucky Senate (by a vote of 22-12) and currently awaiting House action in the Judiciary Committee proposes to amend the portion of KRS 311.377 pertaining to the confidentiality of certain medical records.  If passed, Senate Bill 18, sponsored by Senator Ralph Alvarado of Senate District 28, will prevent records of an entity, group, or individual performing a professional review function from being admissible in any civil action or administrative proceeding, including, specifically, medical malpractice actions.

Under the proposed amendment, KRS 311.377(2) reads as follows:

At all times in performing a designated professional review function, the proceedings, records, opinions, conclusions, and recommendations of any committee, board, commission, medical staff, professional standards review organization, or other entity, as referred to in subsection (1) of this section shall be Continue reading