West Virginia Code § 61-12B-7

Confidentiality
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(a) Proceedings and records of the Critical Incident Review Team established pursuant to
this article are confidential and are not subject to discovery, subpoena, or the introduction
into evidence in any civil or criminal proceeding. This section does not limit or restrict the
right to discover or use in any civil or criminal proceeding anything that is available from
another source and entirely independent of the proceedings of the team. e
(b) Members of the Critical Incident Review Team may not be questioned in any civil or
criminal proceeding regarding information presented or opinions formed as a result of a
meeting of the team. This subsection does not prevent a memberu of a team from testifying to
information obtained independently of the team which is public information.
(c) Proceedings and records of the Critical Incident Review Team established by the team
are exempt from disclosure under the Freedom of Information Act as provided in §29B-1-1 et
seq. of this code.
(d) Notwithstanding any other provision to thes contrary, the Critical Incident Review Team
shall prepare a compilation of data to be shared, on an annual basis or more often as
requested or needed, with the Centers for iDisease Control and Prevention to study child
fatalities or near fatalities. g
(e) Information shall be maintained by the Critical Incident Review Team in a confidential
manner compliant with the Health Insurance Portability and Accountability Act of 1996.

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