§ 20-46-103 — Records of State Board of Health, hospitals, etc., confidential - Exceptions and liability

Arkansas § 20-46-103

• Jurisdiction: Arkansas
• Title: 20

Text

(a) All information, interviews, reports, statements, memoranda, or other data of the State Board of Health, the Arkansas Medical Society and allied medical societies, or from in-hospital staff committees of licensed hospitals, but not the original medical records pertaining to the patients, which are used in the course of medical studies for the purpose of reducing morbidity or mortality, as provided in this act, shall be strictly confidential and shall be used only for medical research. (b) Any authorized person, hospital, sanatorium, nursing home, rest home, or other organization may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to any of the following for use in the course of studies for the purpose of reducing morbidity or mortality: (1) The board, the University of Arkansas for Medical Sciences Medical Center, the Arkansas Medical Society or any committee or allied society thereof, or any other national medical organization approved by the board or any committee or allied medical society therein; or (2) Any in-hospital staff committee of licensed hospitals. (c) No liability for damages or other relief shall arise or be enforced against any authorized person, institution, or organization by reason of having provided information or material, by reason of having released or published the findings and conclusions of the groups to advance medical research and medical education, or by reason of having released or published generally a summary of the studies. (d) (1) In all events, the identity of the person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances. (2) Any information furnished shall not contain the name of the person upon whom information is furnished and shall not violate the confidential relationship of patient and doctor. (3) All information, interviews, reports, statements, memoranda, or other data, but not the original medical records pertaining to the patient, furnished by reason of this act, and any findings or conclusions resulting from studies are declared to be privileged communications which may not be used, offered, or received in evidence in any legal proceeding of any kind or character. Any attempt to use or offer any information, interviews, reports, statements, memoranda, or other data, findings, or conclusions or any part thereof, but not the original medical records pertaining to the patient, unless waived by the interested parties, shall constitute prejudicial error in any such proceeding. (e) Nothing in this section shall be construed to prevent any court from subpoenaing the medical records of any patient.

Legislative History

Acts 1971, No. 433, ch. 2, § 10; A.S.A. 1947, § 59-310.