North Dakota Code 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.
Terms Used In North Dakota Code 23-51-05
- Contract: A legal written agreement that becomes binding when signed.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Subpoena: A command to a witness to appear and give testimony.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
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.