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should declare unconstitutional only that portion and uphold the balance of section

381.028 as properly implementing the manner in which Amendment 7 shall be

carried out.

II.

DOES AMENDMENT 7 PREEMPT STATUTORY PRIVILEGES AFFORDED HEALTH CARE PROVIDERS' SELF-POLICING PROCEDURES TO THE EXTENT THAT INFORMATION OBTAINED THROUGH THOSE PROCEDURES IS DISCOVERABLE DURING THE COURSE OF LITIGATION BY A PATIENT AGAINST A HEALTH CARE PROVIDER?

Another certified question asks whether the materials required to be

disclosed by Amendment 7 should be discoverable in legal proceedings. This

question should be answered in the negative.

At first blush, this question seems easy to answer much as the District Court

did.

But

the

issue

is

more

complex.

Amendment

7

was

touted

as

a

"pro -

consumer" change that would allow the public more information about the track

records of doctors and hospitals to facilitate better consumer choices. It was not

advertised to the voters as a way to expand discovery for plaintiffs in legal

proceedings.

Assuming Amendment 7 information is "discoverable" by traditional means

in litigation has more ramifications than just providing an alternative means for the

patient to obtain Amendment 7 information. If Amendment 7 information is

"discoverable" in the course of litigation and all of the existing statutory privileges

13

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