The proceedings, records, reports, statements, minutes, or any other data whatsoever of any committee described in § 36-4B-34.1 relating to peer review activities defined in § 36-4B-34.4, are not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and are not admissible as evidence in any action of any kind in any court or arbitration forum, except as provided in this section. No person in attendance at any meeting described in § 36-4B-34.1 is required to testify as to what transpired at such meeting. The prohibition relating to discovery of evidence does not apply to deny an emergency medical technician at any level access to, or use of, information upon which a decision regarding the person’s staff privileges or employment are based. The prohibition relating to discovery of evidence does not apply to deny any person or the person’s counsel in defense of an action against that person access to the materials covered under this section.

Terms Used In South Dakota Codified Laws 36-4B-34.2

  • 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: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Testify: Answer questions in court.

Source: SL 2004, ch 244, § 2.

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