§ 25-51-105 — Confidentiality of open discussions and offers of compensation

(1) Open discussion communications and offers of compensation made under
section 25-51-103 and in substantial compliance with this article 51:

(a) Do not constitute an admission of liability;

(b) Are privileged and confidential and shall not be disclosed;

(c) Are not admissible as evidence in any subsequent judicial, administrative,
or arbitration proceeding arising directly out of the adverse health-care incident;

(d) Are not subject to discovery, subpoena, or other means of legal
compulsion for release; and

(e) Shall not be disclosed by any party in any subsequent judicial,
administrative, or arbitration proceeding arising directly out of the adverse health-care incident.

(2) Communications, memoranda, work product, documents, and other
materials that are otherwise subject to discovery and that were not prepared
specifically for use in an open discussion under section 25-51-103 are not
confidential.

(3) The limitation on disclosure imposed by this section includes disclosure
during any discovery conducted as part of a subsequent adjudicatory proceeding
arising directly out of the adverse health-care incident, and a court or other
adjudicatory body shall not compel any person who engages in an open discussion
under this article 51 to disclose confidential communications or agreements made
under section 25-51-103.

(4) This section does not affect any other law, rule, or requirement with
respect to confidentiality.

Source: L. 2019: Entire article added, (SB 19-201), ch. 144, p. 1756, � 1,
effective July 1.