Alaska Statutes
Alaska Stat. § 18.23.030 (2026)
Confidentiality of records of review organization
✓ current as of July 2026
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Sec. 18.23.030. Confidentiality of records of review organization.
(a) Except as provided in (b), (c), and (e) of this section, all data and information acquired by a review organization in the exercise of its duties and functions shall be held in confidence and may not be disclosed to anyone except to the extent necessary to carry out the purposes of the review organization and is not subject to subpoena or discovery. Except as provided in (b) of this section, a person described in AS 18.23.020 may not disclose what transpired at a meeting of a review organization except to the extent necessary to carry out the purposes of a review organization, and the proceedings and records of a review organization are not subject to discovery or introduction into evidence in a civil action against a health care provider arising out of the matter that is the subject of consideration by the review organization. Information, documents, or records otherwise available from original sources are not immune from discovery or use in a civil action merely because they were presented during proceedings of a review organization, nor may a person who testified before a review organization or who is a member of it be prevented from testifying as to matters within the person's knowledge, but a witness may not be asked about the witness's testimony before a review organization or opinions formed by the witness as a result of its hearings, except as provided in (b) of this section.
(b) Testimony, documents, proceedings, records, and other evidence adduced before a review organization that are otherwise inaccessible under this section may be obtained by a health care provider who claims that denial is unreasonable or may be obtained under subpoena or discovery proceedings brought by a plaintiff who claims that information provided to a review organization was false and claims that the person providing the information knew or had reason to know the information was false.
(c) Nothing in AS 18.23.005 — 18.23.070 prevents a person whose conduct or competence has been reviewed under AS 18.23.005 — 18.23.070 from obtaining, for the purpose of appellate review of the action of the review organization, any testimony, documents, proceedings, records, and other evidence adduced before the review organization.
(d) Notwithstanding the provisions of (b) and (c) of this section, information contained in a report submitted to the State Medical Board, and information gathered by the board during an investigation, under AS 08.64.336 is not subject to subpoena or discovery unless and until the board takes action to suspend, revoke, limit, or condition a license of the person who is the subject of the report or investigation.
(e) A review organization may publish a report containing data or information obtained in the exercise of its duties if the report does not violate federal or state law regarding confidentiality of a person or decedent. A report may include
(1) the identification of trends, patterns, and risk factors;
(2) an analysis of the rate and cause of death in the state; and
(3) methods of intervention or prevention related to causes of death.
(a) Except as provided in (b), (c), and (e) of this section, all data and information acquired by a review organization in the exercise of its duties and functions shall be held in confidence and may not be disclosed to anyone except to the extent necessary to carry out the purposes of the review organization and is not subject to subpoena or discovery. Except as provided in (b) of this section, a person described in AS 18.23.020 may not disclose what transpired at a meeting of a review organization except to the extent necessary to carry out the purposes of a review organization, and the proceedings and records of a review organization are not subject to discovery or introduction into evidence in a civil action against a health care provider arising out of the matter that is the subject of consideration by the review organization. Information, documents, or records otherwise available from original sources are not immune from discovery or use in a civil action merely because they were presented during proceedings of a review organization, nor may a person who testified before a review organization or who is a member of it be prevented from testifying as to matters within the person's knowledge, but a witness may not be asked about the witness's testimony before a review organization or opinions formed by the witness as a result of its hearings, except as provided in (b) of this section.
(b) Testimony, documents, proceedings, records, and other evidence adduced before a review organization that are otherwise inaccessible under this section may be obtained by a health care provider who claims that denial is unreasonable or may be obtained under subpoena or discovery proceedings brought by a plaintiff who claims that information provided to a review organization was false and claims that the person providing the information knew or had reason to know the information was false.
(c) Nothing in AS 18.23.005 — 18.23.070 prevents a person whose conduct or competence has been reviewed under AS 18.23.005 — 18.23.070 from obtaining, for the purpose of appellate review of the action of the review organization, any testimony, documents, proceedings, records, and other evidence adduced before the review organization.
(d) Notwithstanding the provisions of (b) and (c) of this section, information contained in a report submitted to the State Medical Board, and information gathered by the board during an investigation, under AS 08.64.336 is not subject to subpoena or discovery unless and until the board takes action to suspend, revoke, limit, or condition a license of the person who is the subject of the report or investigation.
(e) A review organization may publish a report containing data or information obtained in the exercise of its duties if the report does not violate federal or state law regarding confidentiality of a person or decedent. A report may include
(1) the identification of trends, patterns, and risk factors;
(2) an analysis of the rate and cause of death in the state; and
(3) methods of intervention or prevention related to causes of death.
Notes of Decisions
Cited in 4
cases, 1987–2018 · leading case: Mat-Su Valley Med. Ctr., LLC v. Bolinder, 427 P.3d 754 (Alaska 2018).
Mat-Su Valley Med. Ctr., LLC v. Bolinder, 427 P.3d 754 (Alaska 2018). “030, protects discovery of data, information, proceedings, and records of medical peer review organizations, but it does not protect a witness's personal knowledge and observations or materials originating outside the medical peer review process.”
Grandstaff v. State, 171 P.3d 1176 (Alaska Ct. App. 2007). “020 has no subsection (d); nor, at the time, did AS 18.23.030. It appears therefore that Conley misspoke, as the only subsection in former AS 18.”
Sanderson v. Frank S. Bryan, M.D., Ltd., 522 A.2d 1138 (Pa. 1987). “Code § 22-21-8(b) (1984); Alaska Stat. § 18.23.030 (1981); Ariz. Rev.”
Disciplinary Matter Involving Shea, 273 P.3d 612 (Alaska 2012). “AS 18.23.030(a) ("[All data and information acquired by a review organization in the exercise of its duties and functions shall be held in confidence[.”
— Alaska Stat. § 18.23.030(a) — 3 cases
Mat-Su Valley Med. Ctr., LLC v. Bolinder, 427 P.3d 754 (Alaska 2018). “030, protects discovery of data, information, proceedings, and records of medical peer review organizations, but it does not protect a witness's personal knowledge and observations or materials originating outside the medical peer review process.”
Grandstaff v. State, 171 P.3d 1176 (Alaska Ct. App. 2007). “020 has no subsection (d); nor, at the time, did AS 18.23.030. It appears therefore that Conley misspoke, as the only subsection in former AS 18.”
Disciplinary Matter Involving Shea, 273 P.3d 612 (Alaska 2012). “AS 18.23.030(a) ("[All data and information acquired by a review organization in the exercise of its duties and functions shall be held in confidence[.”
— Alaska Stat. § 18.23.030(b) — 1 case
Mat-Su Valley Med. Ctr., LLC v. Bolinder, 427 P.3d 754 (Alaska 2018). “030, protects discovery of data, information, proceedings, and records of medical peer review organizations, but it does not protect a witness's personal knowledge and observations or materials originating outside the medical peer review process.”
— Alaska Stat. § 18.23.030(d) — 1 case
Grandstaff v. State, 171 P.3d 1176 (Alaska Ct. App. 2007). “020 has no subsection (d); nor, at the time, did AS 18.23.030. It appears therefore that Conley misspoke, as the only subsection in former AS 18.”
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