§ 23-51-05 — Confidentiality

1. Notwithstanding section 44-04-19, all portions of a meeting of the committee during
which the committee reviews maternal mortality and severe maternal morbidity are
closed to the public. Notwithstanding section 44-04-18, all documentation and reports
of the committee which are related to committee review of maternal deaths are
confidential, except for the annual state report, which may not disclose personally
identifiable information of decedents. Records deemed confidential under this section
are not discoverable as evidence.
2. All proceedings and activities of the committee under this chapter; committee
members' opinions formed as a result of the proceedings and activities; and records
obtained, created, or maintained under this chapter, including records of interviews,
written reports, and statements procured by the department, the committee, or any
other person acting jointly or under contract with the department or committee in
connection with requirements of this chapter, are confidential and not subject to
section 44-04-18, or subject to subpoena, discovery, or introduction into evidence in
any civil or criminal proceeding. This section may not be construed to limit or restrict
the right to discover or use information or records available from another source and
independent of the proceedings of the committee in any civil or criminal proceeding.