Sec. 9. (a) Notwithstanding section 8(b)(5)(B) of this chapter, information, documents, or records that are publicly available are not immune from discovery or use in any civil action, arbitration, administrative proceeding, or board proceeding merely because they were presented or considered in connection with the peer review process.

     (b) Any:

(1) materials prepared in connection with a particular engagement merely because they happen to subsequently be presented or considered as part of the peer review process; or

(2) dispute between review committees and individuals or firms subject to a peer review arising from the performance of the peer review;

are not privileged.

As added by P.L.30-1993, SEC.7. Amended by P.L.197-2011, SEC.79; P.L.168-2016, SEC.6.