MARVIN MANDEL,

Governor

1997

ORGANIZATION) TO PERFORM ANY OF THE FUNCTIONS DESCRIBED
IN SUBSECTION (C) OF THIS SECTION; OR

(5)    ANY INDIVIDUAL OR ORGANIZATION
CONTRACTING WITH A PROVIDER OF HEALTH CARE TO PERFORM ANY
OF THE FUNCTIONS DESCRIBED IN SUBSECTION (C) OF THIS
SECTION IF THE FUNCTIONS ARE LIMITED TO REVIEW OF
SERVICES PROVIDED BY THE PROVIDER OF HEALTH CAPE.

(6)    ANY COMMITTEE APPOINTED OR ESTABLISHED
IN A LOCAL HEALTH DEPARTMENT FOR REVIEW PURPOSES.

(C) THE MEDICAL REVIEW COMMITTEE SHALL ENGAGE IN
ONE OR MORE OF THE FOLLOWING FUNCTIONS:

(1)    EVALUATING AND IMPROVING THE QUALITY OF
HEALTH CARE RENDERED BY PROVIDERS OF HEALTH CARE;

(2)    EVALUATING THE NEED FOR AND THE LEVEL OF
PERFORMANCE OF HEALTH CARE RENDERED;

(3)    EVALUATING THE QUALIFICATIONS,
COMPETENCE AND PERFORMANCE OF PROVIDERS OF HEALTH CARE;
AND

(4)    EVALUATING AND ACTING UPON MATTERS
RELATING TO THE DISCIPLINE OF ANY INDIVIDUAL PROVIDER OF
HEALTH CARE.

[[(D) TO THE EXTENT SET FORTH IN THIS SECTION, THE
RECORDS AND PROCEEDINGS OF ANY MEDICAL REVIEW COMMITTEES
ARE CONFIDENTIAL:

(1)    THE PROCEEDINGS, RECORDS AND FILES OF
MEDICAL REVIEW COMMITTEES ARE NOT SUBJECT TO DISCOVERY OR
INTRODUCTION INTO EVIDENCE IN ANY CIVIL ACTION OR
PROCEEDING ARISING OUT OF MATTERS WHICH ARE THE SUBJECT
OF EVALUATION AND REVIEW BY A MEDICAL REVIEW COMMITTEE.
HOWEVER, INFORMATION, DOCUMENTS OR RECORDS OTHERWISE
AVAILABLE FROM ORIGINAL SOURCES ARE NOT IMMUNE FROM
DISCOVERY OR USE IN ANY CIVIL ACTION BECAUSE THEY WERE
TRANSMITTED OR MADE AVAILABLE TO A MEDICAL REVIEW
COMMITTEE. THIS PARAGRAPH DOES NOT APPLY IN THE CASE OF
A CIVIL ACTION OR PROCEEDING BROUGHT BY A PARTY TO THE
PROCEEDING OF THE MEDICAL REVIEW COMMITTEE, CLAIMING TO
BE AGGRIEVED BY IT. THE PROVISIONS OF THIS PARAGRAPH DO
NOT APPLY TO ANY CRIMINAL PROCEEDINGS.

(2)    A CAUSE OF ACTION FOR DAMAGES DOES NOT
ARISE AGAINST A MEDICAL REVIEW COMMITTEE, ANY MEMBER OR
MEMBERS OF A MEDICAL REVIEW COMMITTEE OR A PERSON OR
ORGANIZATION WHO PROVIDES INFORMATION TO, PARTICIPATES IN
OR CONTRIBUTES TO THE FUNCTION OF A MEDICAL REVIEW
COMMITTEE, AND A MEDICAL REVIEW COMMITTEE, MEMBERS OF A
MEDICAL REVIEW COMMITTEE, AND EVERY PERSON OR
ORGANIZATION WHO PROVIDES INFORMATION TO, PARTICIPATES IN
OR CONTRIBUTES TO THE FUNCTION OF A MEDICAL REVIEW
COMMITTEE IS IMMUNE FROM LIABILITY FOR DAMAGES WHICH