Montana Title 37. Professions and Occupations § 37-2-203. Health care provider professional wellness program--reporting--nonliability--evidentiary privilege--definitions

(3)(a) The proceedings, minutes, records, reports, analyses, findings, conclusions, recommendations, and deliberative process, including oral or written opinions and reports, of a professional program originating in or provided to the professional program are not subject to discovery or introduction into evidence in any civil action unless a court of competent jurisdiction, after a hearing in camera, determines that the evidence is not otherwise available and that extraordinary circumstances exist such that the need for the evidence substantially outweighs the interest in protecting the evidence from disclosure and orders the disclosure of information.  The information is not admissible in a licensing action unless the office of administrative hearings determines, after an in camera review, that the factors of public safety and health outweigh the individual right of privacy of the licensee subject to the licensing action.

(b) A person involved in the work of a professional program may not be questioned as a witness in a civil action regarding the person's knowledge of any factual information regarding specific patient health care or treatment by virtue of the person's involvement in the professional program.

(c) Exchange of information between professional programs does not constitute a waiver of any privilege provided in this subsection (3).

(a) “Board” means the board of medical examiners established in 2-15-1731, the board of dentistry established in 2-15-1732, the board of pharmacy established in 2-15-1733, the board of nursing established in 2-15-1734, and the board of behavioral health established in 2-15-1744.

(b) “Health care provider” means:

(c) “Professional program” means a program created to address issues related to career fatigue and wellness in health care providers and that: