(a) Purpose.

1. (1) The Department of Health shall develop a process to review nonhospital emergency medical care and time-critical diagnoses and procedures conducted by licensed emergency medical services personnel through a system as set forth in Arkansas Code § 20-13-216.

2. (2) The Department of Health may collect data and information regarding patients treated and transported from the field and admitted to a facility:

   1. (A) Through the emergency department;
   2. (B) Through a trauma center; or
   3. (C) Directly to a special care unit or post-hospitalization facility.

(b) Data collection, submission, and analysis.

1. (1) Data and information shall be collected in a manner that protects and maintains the confidential nature of patient records.

2. (2) Records and reports made under this section shall be held confidential within the:

   1. (A) Hospital;
   2. (B) Service provider; and
   3. (C) Department of Health.
3. (3) Not available to the public.

4. (4) All data, records, reports, and documents collected are for the purpose of quality or system assessment and improvement and are not subject to disclosure to the extent that they identify or could be used to identify any individual:

   1. (A) Patient;
   2. (B) Provider;
   3. (C) Institution; or
   4. (D) Health plan.
5. (5) Data, records, reports, and documents collected shall not be admissible in any legal proceeding and are exempt from discovery and disclosure to the same extent that records of and testimony before committees evaluating the quality of medical or hospital care are exempt under Arkansas Code § 16-46-105(a)(1).
6. (6) A healthcare provider’s use of the information in its internal operations shall not operate as a waiver of these protections.
7. (7) All information shall be treated in a manner that is consistent with all state and federal privacy requirements.
8. (8) The Department of Health or other entity authorized to provide services may use any data, records, reports, or documents generated or acquired in its internal operations without waiving any protections under this section.