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Confidentiality of information, A.R.S. § 36-445.01
Link to the law
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“Confidentiality of information; conditions of disclosure”
Arizona classifies as confidential all medical peer review information, records, and proceedings. Medical peer review information is generally not subject to legal discovery, but Arizona permits discovery in two limited circumstances: when a provider challenges a disciplinary action or the action is held before the Arizona medical board of the board of osteopathic examiners.
If a hospital or outpatient surgical center is sued for their negligent failure to conduct peer review, then their representatives may testify regarding the occurrence of a peer review. However, records from the peer review remain confidential and inadmissible.
The rules regarding the confidentiality of disclosure of peer review information do not affect the ability of a patient to assert that their records are privileged or private nor do the rules prevent a party from subpoenaing patient medical records if another provision of Arizona law subjects such records to discovery.
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