Okla. Stat. tit. 59, § 59-328.64
This is the official text of Okla. Stat. tit. 59, § 59-328.64, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.
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Proceedings of mediation committee privileged -
Official statutory text
Exceptions.
A. Except as provided in subsections B and C of this section,
any reports, statements, memoranda, proceedings, findings, or other
records of mediation committees shall be privileged and shall not be
subject to discovery, subpoena or other means of legal compulsion
for their release to any person or entity and shall not be
admissible in evidence in any judicial or administrative proceeding.
Nor shall any participants in the mediation process be compelled to
disclose the proceedings of the mediation committee by deposition,
interrogatories, requests for admission, or other means of legal
compulsion for use as evidence in any judicial or administrative
proceeding. This privilege may be claimed by the legal entity
creating the mediation committee, the mediation committee, the
individual members of the mediation committee, the dentist whose
conduct is being examined, the patient requesting mediation and any
witnesses testifying before or supplying information to the
mediation committee. Such privilege shall only protect information
derived from the mediation proceedings and shall not restrict
discovery directed to the dentist who treated the patient, even
though the testimony or records of the dentist have become part of
the mediation record.
B. Nothing in this section shall limit the authority, which may
otherwise be provided by law, of the Board of Dentistry to obtain
records of proceedings of the mediation committee for use:
1. In conjunction with the determination of appeals of
mediation committee recommendations;
2. In an investigation being conducted by a review panel of the
Board, pursuant to Section 328.43a of this title; or
3. In an individual proceeding being conducted by the Board,
pursuant to Section 328.44a of this title.
C. Nothing in this section shall limit the authority, which may
otherwise be provided by law, of the Attorney General of the State
of Oklahoma, a District Attorney, or a United States Attorney to
obtain records of proceedings of the mediation committee for use in
investigations or litigation, conducted by the State of Oklahoma or
the federal government.
Oklahoma Statutes - Title 59. Professions and Occupations Page 278
A. Except as provided in subsections B and C of this section,
any reports, statements, memoranda, proceedings, findings, or other
records of mediation committees shall be privileged and shall not be
subject to discovery, subpoena or other means of legal compulsion
for their release to any person or entity and shall not be
admissible in evidence in any judicial or administrative proceeding.
Nor shall any participants in the mediation process be compelled to
disclose the proceedings of the mediation committee by deposition,
interrogatories, requests for admission, or other means of legal
compulsion for use as evidence in any judicial or administrative
proceeding. This privilege may be claimed by the legal entity
creating the mediation committee, the mediation committee, the
individual members of the mediation committee, the dentist whose
conduct is being examined, the patient requesting mediation and any
witnesses testifying before or supplying information to the
mediation committee. Such privilege shall only protect information
derived from the mediation proceedings and shall not restrict
discovery directed to the dentist who treated the patient, even
though the testimony or records of the dentist have become part of
the mediation record.
B. Nothing in this section shall limit the authority, which may
otherwise be provided by law, of the Board of Dentistry to obtain
records of proceedings of the mediation committee for use:
1. In conjunction with the determination of appeals of
mediation committee recommendations;
2. In an investigation being conducted by a review panel of the
Board, pursuant to Section 328.43a of this title; or
3. In an individual proceeding being conducted by the Board,
pursuant to Section 328.44a of this title.
C. Nothing in this section shall limit the authority, which may
otherwise be provided by law, of the Attorney General of the State
of Oklahoma, a District Attorney, or a United States Attorney to
obtain records of proceedings of the mediation committee for use in
investigations or litigation, conducted by the State of Oklahoma or
the federal government.
Oklahoma Statutes - Title 59. Professions and Occupations Page 278
Status: in_force · Read it on the official government site
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