(1) A licensee shall not disclose confidential communications made between the licensee and a patient in the course of the licensee's professional employment unless the patient gives his or her consent prior to the disclosure. An employee or associate of a licensee shall not disclose any knowledge of confidential communications acquired in his or her capacity as an employee or associate, unless a patient gives his or her consent prior to the disclosure. (2) Subsection (1) of this section shall not apply when: (a) A patient or an heir, executor, or administrator of a patient files a complaint or suit against a licensee with respect to any cause of action arising out of or connected with: (I) The care or treatment of the patient by the licensee; or (II) The consultation by the licensee with another health-care practitioner who provided care or treatment to the patient; (b) A review of the services of a licensee is conducted by: (I) The board, or a person or group authorized by the board; (II) The governing board of a hospital where the licensee practices, which hospital is licensed pursuant to part 1 of article 3 of title 25, or the medical staff of the hospital if the staff operates pursuant to written bylaws approved by the governing board of the hospital; or (III) A professional review committee established pursuant to section 12-215-119, if the licensee has signed a release authorizing the review. (3) The records and information produced and used in a review described in subsection (2)(b) of this section shall not become public records solely because of the use of the records and information in the review, and the identity of a patient whose records are reviewed pursuant to subsection (2)(b) of this section shall not be disclosed to any person not directly involved in the review process. The board shall adopt procedures to ensure that the identity of patients remains confidential during the review process. (4) Nothing in this section shall be deemed to prohibit any disclosure required by law.
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