§ 16-49-6-6 — Review of records; access to records; immunity; confidentiality

(a) In conducting a review under this chapter,
the local fetal-infant mortality review team may review all applicable
records and information related to the death, including the following:
(1) Records held by any of the following:
(A) The state department.
(B) A local health department, including certificates of death or
certificates of stillbirths.
(C) The department of child services.
(2) Medical records.
(3) Law enforcement records.
(4) Coroner records, including autopsy reports.
(5) Mental health records.
(6) Emergency medical services and fire department run reports.
(7) Qualitative results of a family or maternal interview.
(b) The following shall provide to the local fetal-infant mortality
review team, in good faith, access to records concerning a case under
review under this chapter:
(1) A health care provider.
(2) A health care facility.
(3) An individual.
(4) An entity.
(c) A person described in subsection (b) that provides access to
records in good faith under this section is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action that might otherwise be imposed as a result of the disclosure.
(d) Except as otherwise provided under this chapter, information
and records acquired and interviews conducted by the local fetal-infant
mortality review team in the exercise of the review team's duties under
this chapter are confidential and exempted from disclosure.
(e) Records, information, documents, and reports acquired or
produced by the local fetal-infant mortality review team are not:
(1) subject to subpoena or discovery; or
(2) admissible as evidence;
in any judicial or administrative proceeding. Information that is
otherwise discoverable or admissible from original sources is not
immune from discovery or use in any proceeding merely because the
information was presented during proceedings before the review team.
(f) The local fetal-infant mortality review team members and
individuals who attend a local fetal-infant mortality review team
meeting at the invitation of the chairperson shall maintain the
confidentiality of records and information discussed and disseminated
during the meeting.

Legislative History

As added by P.L.31-2019, SEC.5.