§ 43-1-36 — Limitation on reporting about healthcare professionals; admissibility of evidence or disclosure

(a) As used in this Code section, the term: (1) "Healthcare professional" means a person licensed, registered, or certified by a licensing board or a student enrolled in a school of medicine, osteopathic medicine, nursing, or pharmacy. (2) "Licensing board" means: (A) Georgia Board of Nursing; (B) Georgia Composite Medical Board; and (C) State Board of Pharmacy. (3) "Professional program" means a program created to address issues related to career fatigue and wellness in healthcare professionals that is established or contracted for by a state-wide association, that is exempt from federal income taxes pursuant to Section 501(c)(6) of the Internal Revenue Code, and that primarily represents healthcare professionals licensed to practice medicine or osteopathic medicine in multiple specialties. (b) No person or entity shall be obligated to report information regarding a healthcare professional who is a participant in a professional program to his or her respective licensing board unless the person or entity has determined that there is reasonable probability that such participant is not competent to continue in practice or is a danger to himself or herself or to the health and welfare of his or her patients or the public, unless such person or entity is otherwise under a duty to report such information. (c) Every member of, or healthcare professional consultant to, any committee, board, group, commission, or other entity that functions primarily to review, evaluate, or make recommendations on a professional program shall be immune from civil liability for any act, decision, omission, or utterance done or made in performance of his or her duties while serving as a member of or consultant to such committee, board, group, commission, or other entity. No active participant in a professional program shall be employed or engaged by such professional program or have a financial ownership interest in such professional program. (d) The proceedings, minutes, records, reports, analyses, findings, conclusions, recommendations, and the deliberative process, including opinions and reports of a professional program, both oral and written, originating in or provided to such professional program, shall not be subject to discovery or introduction into evidence in any civil action, unless a court of competent jurisdiction, after a hearing in camera, determines that the evidence is not otherwise available and extraordinary circumstances exist such that the need for the evidence substantially outweighs the interest in protecting such evidence from disclosure and orders the disclosure of such proceedings, minutes, records, reports, or communications; provided, however that nothing in this subsection shall be construed as providing any privilege to any healthcare professional or healthcare facility or entity with respect to any factual information regarding specific patient healthcare or treatment, whether oral, electronic, or written. A person involved in the work of a professional program may not be questioned as a witness in a civil action regarding his or her knowledge of any factual information regarding specific patient healthcare or treatment by virtue of his or her involvement in the professional program. Exchange of information between professional programs shall not constitute a waiver of any privilege provided in this subsection.

Legislative History

Added by 2024 Ga. Laws 501,§ 1, eff. 7/1/2024.