Code of Massachusetts Regulations
243 CMR - BOARD OF REGISTRATION IN MEDICINE
Title 243 CMR 3.00 - The Establishment Of And Participation In Qualified Patient Care Assessment Programs, Pursuant To M.G.L. c. 112, Section 5, and M.G.L. c. 111, Section 203
Section 3.04 - Confidentiality of Records and Information

(1) To promote free and full compliance with the reporting requirements set forth below, which will enhance the protection of the public, information and records both generated pursuant to 243 CMR 3.00 and which relate to the functions of a "Medical Peer Review Committee" (as defined by M.G.L. c. 111, § 1), are hereby deemed confidential and, to the extent allowable under M.G.L. c. 111, § 204, not subject to subpoena, discovery or introduction into evidence.

(2) To protect the confidentiality of information and records both generated pursuant to 243 CMR 3.00 and which also relate to the functions of a Medical Peer Review Committee (as defined by M.G.L. c. 111, § 1) and to assure that this information and these records are not subject to subpoena, discovery or introduction into evidence, the Patient Care Assessment Coordinator may designate such information and records as "proceedings, reports and records of a medical peer review committee," within the meaning of M.G.L. c. 111, § 204(a).

(3) Information and records so designated by the Patient Care Assessment Coordinator pursuant to 243 CMR 3.04(2) may be maintained or utilized by the Board of Registration in Medicine, including but not limited to its Data Repository and its Disciplinary Unit, in its investigations or its other proceedings. Such information and records maintained or utilized by the Board shall remain confidential and not subject to subpoena, discovery or introduction into evidence, consistent with M.G.L. c. 111, § 204. However, such information and records may not remain confidential if disclosed in an adjudicatory proceeding, but the information and records shall be otherwise subject to any protections provided by M.G.L. c. 111, § 204.

(4) The provisions in 243 CMR 3.04 shall not apply to "proceedings, reports and records of a medical peer review committee," within the meaning of M.G.L. c. 111, § 204(a), if such proceedings, reports or records are obtained from a source independent of a Medical Peer Review Committee.