§ 475.40. Design professionals--Peer review reports--Privileged information--Immunity from civi...
Oklahoma Statutes AnnotatedTitle 59. Professions and OccupationsEffective: November 1, 2021
Effective: November 1, 2021
59 Okl.St.Ann. § 475.40
§ 475.40. Design professionals--Peer review reports--Privileged information--Immunity from civil liability
7. “Lessons learned” means any internal meeting, class, publication in any medium, presentation, lecture or other means of teaching and communicating after substantial completion of the project which is conducted solely and exclusively by and with the employees, partners, consultants and coworkers of the design professional who prepared the project's design for the purpose of learning best practices and reducing errors and omissions in design documents and procedures;
B. The reports, statements, memoranda, proceedings, findings and other records submitted to or generated by any peer review committee or peer reviewer shall be privileged and shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity or be admissible in evidence in any judicial or administrative proceeding. Information contained in such records shall not be discoverable or admissible at trial in the form of testimony by an individual who participated in the peer review process.
C. The design professional who retains, employs, designates or appoints the peer reviewer or peer review committee is the holder of the privilege established by this section. This privilege may be claimed by such design professional and shall not be waived as a result of any disclosure by a peer reviewer or peer review committee.
D. A peer review committee or peer reviewer may report to and discuss activities, information and findings with other peer review committees or peer reviewers or to the design professional who retains, employs, designates or appoints the peer reviewer or peer review committee and with any officer, director or quality control director, risk manager or employed design professional thereof without waiver of the privilege provided by subsection B of this section, and the records of all such peer review committees or peer reviewers relating to such report shall be privileged as provided by subsection B of this section.
E. Each peer reviewer and member of a peer review committee shall be immune from civil liability for such acts described in paragraph 8 of subsection A and subsection D of this section, so long as the acts are performed in good faith, without malice and are reasonably related to the scope of inquiry of the peer review process. The immunity in this subsection is intended to cover only outside peer reviews by a third-party design professional who:
Credits
Laws 2021, c. 237, § 1, eff. Nov. 1, 2021.
59 Okl. St. Ann. § 475.40, OK ST T. 59 § 475.40
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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