Confidentiality; protection from discovery proceedings and subpoena, A.R.S. § 36-2403

“Confidentiality; protection from discovery proceedings and subpoena; exceptions”
 
Arizona classifies as confidential all quality assurance information. However, such information may be subpoenaed in actions before state licensing or certifying agencies or in actions brought by a provider regarding the suspension, limitation, or termination of their privileges. Persons that participate in quality assurance activities or provide or receiving quality assurance information are prohibited from testifying about such matters.
 
If a health care entity is subject to a suit alleging negligence or inadequacy in the performance of quality assurance activities, then the entity’s representatives may testify regarding the occurrence of quality assurance activities and the dates on which the activities occurred.
 
The rules regarding the confidentiality of disclosure of peer review information do not affect the ability of a patient to assert that their records are privileged or private nor do the rules prevent a party from subpoenaing patient medical records if another provision of Arizona law subjects such records to discovery.
 
Arizona clarifies that the sharing of quality assurance information, as authorized in 36-2402, does not change the confidentiality of such information. State agencies and health care providers must maintain the confidentiality of quality assurance information that they receive.