Kentucky Revised Statutes Title XXVI. Occupations and Professions § 325.431.Evidentiary privilege for sponsoring organization materials; testimonial privilege; exceptions

(1) The proceedings, records, and workpapers of the sponsoring organization shall be privileged and not subject to discovery, subpoena, or other means of legal process, or introduction into evidence in any civil action, arbitration, administrative proceeding, or state accountancy board proceeding. No member of the sponsoring organization or person involved in the peer review process shall testify in any civil action, arbitration, administrative proceeding, or state accountancy board proceeding as to any matter produced, presented, disclosed, or discussed during or in connection with the peer review process, or as to any finding, recommendation, evaluation, opinion, or other action of the committee.

(2) Information, documents, or records that are publicly available shall not be immune from discovery or use in any civil action, arbitration, administrative proceeding, or state accountancy board proceeding merely because they were presented or considered in connection with the peer review process.

(3) The privilege created in subsection (1) of this section shall not apply to: