(1) All findings and conclusions, interviews, reports, studies, communications and statements procured or provided by the Oregon Health Authority, the Emergency Medical Services Advisory Board or a regional emergency medical services advisory board in connection with obtaining data necessary to perform patient care quality assurance functions are confidential pursuant to ORS 192.338, 192.345 and 192.355. (2)(a) All data, including written reports, notes, records and recommendations, received or compiled by the Emergency Medical Services Advisory Board or a regional emergency medical services advisory board in conjunction with the authoritys duties under subsection (1) of this section are confidential, privileged, nondiscoverable and inadmissible in any proceeding. (b) A person serving on or communicating with the Emergency Medical Services Advisory Board or a regional medical services advisory board may not be: (A) Examined as to any communications with, or findings or recommendations of, the Emergency Medical Services Advisory Board or regional emergency medical services advisory boards; or (B) Subject to an action for civil damages for actions taken or statements made in good faith. (3) Nothing in this section affects the admissibility of evidence of a partys medical records dealing with the partys medical care that are not otherwise confidential or privileged. (4) Notwithstanding subsection (2)(a) of this section, and except as otherwise required, all final reports by the authority, the Emergency Medical Services Advisory Board and the regional emergency medical services advisory boards must be available to the public. The final reports may not contain any personally identifiable information. (5) This section does not limit the discoverability or admissibility of any information that is available from any source other than the Emergency Medical Services Advisory Board or a regional emergency medical services advisory board in a judicial, administrative, arbitration or mediation proceeding.
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