12-2321. Definitions In this article, unless the context otherwise requires: 1. " Actual harm" means damage, loss or injury. 2. " Audit report" means an audit report, prepared by an organization, as prescribed by section 12-2322. 3. " Health or safety law" means a federal, state or local statute, rule, regulation or ordinance, or a […]
12-2322. Audit report; contents A. Except for an item described in section 12-2326, an audit report shall include each document and communication that is created for an audit to evaluate an organization’s compliance with a health or safety law or an industry standard of excellence with respect to safety, reliability or training. B. An audit […]
12-2323. Privilege A. Except as provided in sections 12-2324, 12-2325 and 12-2326, any part of an audit report conducted by an organization is privileged and is not admissible as evidence or subject to discovery in any of the following: 1. A legal or an equitable civil action. 2. An administrative proceeding. B. If called or […]
12-2324. Waiver; exception; penalties A. The privilege prescribed in section 12-2323 does not apply to the extent the privilege is expressly waived by the owner or operator who prepared the audit report or caused the report to be prepared. B. Disclosure of an audit report or any information generated by a health or safety audit […]
12-2325. Disclosure required by court or administrative hearing; appeals; sanctions A. A court or administrative hearing officer with competent jurisdiction may require disclosure of a portion of an audit report in a civil or administrative proceeding if the court or administrative hearing officer determines after an in camera review that any of the following applies: […]
12-2326. Nonprivileged materials A. The privilege prescribed in this article does not apply to: 1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under a health or safety law. 2. Information obtained by observation, sampling or monitoring by a regulatory agency. 3. […]
12-2327. Review of privileged document by governmental authority A. If an audit report is obtained, reviewed or used in a criminal proceeding, the privilege prescribed in this article is not waived or eliminated for any other purpose. B. Notwithstanding the privilege prescribed in this article, a regulatory agency may review information in an audit report […]
12-2328. Construction A. This article does not provide civil or criminal immunity to an organization or to affect any other privilege that may be available by law. B. This article does not apply to a health professional as defined in section 32-3201 or a health care institution as defined in section 36-401.
