Page:United States Statutes at Large Volume 106 Part 6.djvu/515

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PUBLIC LAW 102-587—NOV. 4, 1992 106 STAT. 5073 employee of the Coast Guard or the Public Health Service assigned to the Coast Guard. "(D) To a hospital, medical center, or other institution that provides health care services, if necessary to assess the professional qualifications of any health care provider who is or was a member or employee of the Coast Guard or the Public Health Service assigned to the Coast Guard and who has applied for or been granted authority or emplo3ment to provide health care services in or on behalf of the institution. "(E) To an officer, member, employee, or contractor of the Coast Guard or the Public Health Service assigned to the Coast Guard if for ofiEicial purposes. "(F) To a criminal or civil law enforcement agency or instrumentality charged under applicable law with the protection of the public health or safety, if a qualified representative of the agency or instrumentality makes a written request that the record or testimony be provided for a purpose authorized by law. "(G) In an administrative or judicial proceeding commenced by a criminal or civil law enforcement agency or instrumentality referred to in subparagraph (F), but only with respect to the subject of the proceeding. "(2) Except in a quality assurance action, the identity of any individual receiving health care services from the Coast Guard or the identity of any other individual associated with the agency for the purposes of a medical quality assureuice program that is disclosed in a medical quality assurance record shall be deleted from that record or document before any disclosure of the record is made outside the Coast Guard. This requirement does not apply to the release of information under section 552a of title 5. "(d) Except as provided in this section, a person having possession of or access to a record or testimony described by this section may not disclose the contents of the record or testimony. "(e) Medical quality assurance records may not be made available to any person under section 552 of title 5. "(f) An individual who participates in or provides information to an individual that reviews or creates medical quality assurance records is not civilly liable for participating or providing the information if the participation or provision of information was in good faith based on prevailing professional standards at the time the medical quality assurance program activity took place. "(g) Nothing in this section shall be construed as— "(1) authority to withhold from any person a^egate statistical information regarding the results of Coast Guard medical quality assurance programs; "(2) authority to withhold any medical quality assurance record from a committee of either House of Confess, any joint committee of Congress, or the General Accounting Office if the record pertains to any matter within their respective jurisdictions; "(3) limiting access to the information in a record created and maintained outside a medical quality assurance program, including a patient's medical records, on the grounds that the information was presented during meetings of a review body that are part of a medical quality assurance program. " (h) Except as otherwise provided in this section, an individual who willfully discloses a medical quality assurance record knowing