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medical incidents" which is contained in those statutes or repeal or otherwise alter

"any immunity provided to, or prohibition against compelling testimony by,

persons providing information or participating in any peer review panel, medical

review committee, hospital committee, or other hospital board otherwise provided

by law, including, but not limited to," the enumerated statutes.4

Amendment 7 is limited to obtaining access to records. The Amendment has

no effect on the statutes which provide for immunity from suit for those involved

in the self-regulating process; immunity from testimonial compulsion; and the

inadmissibility of the records in civil or administrative proceedings.

The Respondents may point to portions of section 381.028 that arguably

may conflict with Amendment 7, such as the provision in section 381.028(2)(j)

limiting available records only to "final reports of adverse medical incidents"; the

requirement in section 381.028(7)(a) that the records requested must involve "the

same or substantially similar condition, treatment, or diagnosis as that of the

patient requesting access"; or the four-year limitation on the period a request for

records can cover contained in section (5). These provisions are reasonable ways

of implementing the overall purpose of the Amendment and are important to make

the process more predictable, more efficient, faster, and less costly for the benefit

4 The court below made it clear that it was not passing on the admissibility of the records subject to discovery.

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