71-8708. Patient safety work product, defined.
(1) Patient safety work product means any data, reports, records, memoranda, analyses, deliberative work, statements, root cause analyses, or quality improvement processes that are:
(a) Created or developed by a provider solely for the purposes of reporting to a patient safety organization;
(b) Reported to a patient safety organization for patient safety or quality improvement processes;
(c) Requested by a patient safety organization, including the contents of such request;
(d) Reported to a provider by a patient safety organization;
(e) Created by a provider to evaluate corrective actions following a report by or to a patient safety organization;
(f) Created or developed by a patient safety organization; or
(g) Reported among patient safety organizations after obtaining authorization.
(2) Patient safety work product does not include information, documents, or records otherwise available from original sources merely because they were collected for or submitted to a patient safety organization. Patient safety work product also does not include documents, investigations, records, or reports otherwise required by law.
(3) Patient safety work product does not include reports and information disclosed pursuant to sections 71-8719 and 71-8720.
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