(1) Patient safety work product shall be privileged and confidential. (2) Patient safety work product shall not be: (a) Subject to a civil, criminal, or administrative subpoena or order; (b) Subject to discovery in connection with a civil, criminal, or administrative proceeding; (c) Subject to disclosure pursuant to the Freedom of Information Act, 5 U.S.C. 552, as such act existed on April 28, 2005, or any other similar federal or state law, including sections 84-712 to 84-712.09; (d) Offered in the presence of the jury or other factfinder or received into evidence in any civil, criminal, or administrative proceeding before any local, state, or federal tribunal; or (e) If the patient safety work product is identifiable information and is received by a national accreditation organization in its capacity: (i) Used by a national accreditation organization in an accreditation action against the provider that reported the information; (ii) Shared by such organization with its survey team; or (iii) Required as a condition of accreditation by a national accreditation organization.
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