§ 25-04-19 — Quality assurance review committees - Reports - Immunity

Any information, data, report, or record generated by or made available to an internal quality
assurance review committee of the life skills and transition center or members thereof is
confidential and may be used by the committee and the members thereof only in the exercise of
the proper functions of the committee. The proceedings and records of the committee and the
members thereof are not subject to subpoena or discovery or introduction into evidence in any
civil action arising out of any matter under consideration by the committee. Any information,
document, or record otherwise available from original sources is not immune from discovery or
use in any civil action merely because it was presented during the proceedings of the
committee, nor may any person who testified before the committee or who is a member of it be
prevented from testifying as to matters within that person's knowledge, but a witness cannot be
asked about that witness's testimony before the committee. This section does not relieve any
person of any liability incurred as a result of furnishing health care to the resident. No person
furnishing information, data, reports, or records to the committee with respect to any resident of
the life skills and transition center is, by reason of furnishing the information, data, reports, or
records, liable in damages to any resident, or answerable for willful violation of a privileged or
confidential communication. No member of the committee is liable in damages to any person for
any action taken or recommendation made within the scope of the functions of the committee if
the committee member acts without malice and in the reasonable belief that the action or
recommendation is warranted by the facts known to the member.