§ 23-34-03 — Peer review records - Privileged - Exceptions

1. Peer review records are privileged and are not subject to subpoena or discovery or
introduction into evidence in any civil or administrative action, except:
a. Records gathered from an original source that is not a peer review organization;
b. Testimony from any person as to matters within that person's knowledge,
provided the information was not obtained by the person as a result of the
person's participation in a professional peer review; or
c. Peer review records subpoenaed in an investigation conducted by an
investigative panel of the North Dakota board of medicine pursuant to chapter
43-17.1 or subpoenaed in a disciplinary action before the North Dakota board of
medicine pursuant to section 43-17-30.1.
2. Any peer review records provided to an investigative panel of the North Dakota board
of medicine or introduced as evidence in any disciplinary action before the board are
confidential and are not subject to subpoena, discovery, or admissibility into evidence
in any civil or administrative action, and are not public records subject to section
44-04-18 and section 6 of article XI of the Constitution of North Dakota.