RELEASE OF INFORMATION FOR MEDICAL RESEARCH AND EDUCATION
Act 270 of 1967
331.533 Confidentiality.
Sec. 3.
The identity of a person whose condition or treatment has been studied under this act is confidential and a review entity shall remove the person's name and address from the record before the review entity releases or publishes a record of its proceedings, or its reports, findings, and conclusions. Except as otherwise provided in section 2, the record of a proceeding and the reports, findings, and conclusions of a review entity and data collected by or for a review entity under this act are confidential, are not public records, and are not discoverable and shall not be used as evidence in a civil action or administrative proceeding.
History: 1967, Act 270, Imd. Eff. July 20, 1967 ;-- Am. 1969, Act 190, Eff. Mar. 20, 1970 ;-- Am. 1975, Act 119, Imd. Eff. June 25, 1975 ;-- Am. 1992, Act 215, Imd. Eff. Oct. 9, 1992
Notes of Decisions
Feyz v. Mercy Mem'l Hosp., 719 N.W.2d 1 (Mich. 2006).
· cites it 6× “532 [55] and MCL 331.533, [56] immunity applies to those who release or publish a record of peer review proceedings, or the reports, findings, or conclusions of a review entity.”
Dye v. St. John Hosp. & Med. Ctr., 584 N.W.2d 747 (Mich. Ct. App. 1998).
· cites it 6× “216, which states, in pertinent part, that "[e]xcept as otherwise provided in section 2, the record of a proceeding and the reports, findings, and conclusions of a review entity and data collected by or for a review entity under this act are confidential, are not public records,…”
Attorney Gen. v. Bruce, 369 N.W.2d 826 (Mich. 1985).
· cites it 2× “" MCL 331.533; MSA 14.57(23). "The identity of any person whose condition or treatment has been studied shall be confidential and such person's name and address shall be removed from the record before the review entity releases or publishes it [sic] proceedings, reports,…”
Long v. Chelsea Cmty. Hosp., 557 N.W.2d 157 (Mich. Ct. App. 1997).
“57(22) and MCL 331.533; MSA 14.57(23)]. (4) The immunity from liability provided under subsection (3) does not apply to a person, organization, or entity that acts with malice.”
Bruce B Feyz v. Mercy Mem'l Hosp (Mich. 2006).
· cites it 3× “20175(8), and MCL 331.533. Peer review records have thus been fully protected from disclosure even to the Attorney General when conducting a criminal investigation.”
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