Authority: IC 25-2.1

Affected: IC 25-2.1-5-8; IC 25-2.1-5-9

Sec. 10.

(a) The proceedings, records, and work papers related to a peer review performed under this rule are:

(1) privileged as provided in IC 25-2.1-5-8; and

(2) not subject to discovery, subpoena, or other means of legal process or introduction into evidence to a civil action, an arbitration, an administrative proceeding, or a board proceeding.

(b) Subject to IC 25-2.1-5-9, a member of the oversight committee, the administering entity, or an individual who was involved with or performed a peer review may not testify in a civil action, an arbitration, an administrative proceeding, or a board proceeding to matters:

1. (1) produced, presented, disclosed, or discussed during, or in connection with, the peer review process; or
2. (2) that involve findings, recommendations, evaluations, opinions, or other actions of the approved peer review program, administering entity, or individual reviewers.

(Indiana Board of Accountancy; 872 IAC 1-6-10; filed Oct 13, 2004, 11:30 a.m.: 28 IR 967; filed Dec 5, 2008, 10:29 a.m.: 20081231-IR-872070306FRA; readopted filed Nov 12, 2010, 10:07 a.m.: 20101208-IR-872100410RFA; filed Jan 2, 2013, 3:43 p.m.: 20130130-IR-872120264FRA; readopted filed Nov 26, 2019, 3:48 p.m.: 20191225-IR-872190191RFA; readopted filed Jan 12, 2024, 11:32 a.m.: 20240207-IR-872230761RFA; filed Mar 21, 2025, 12:35 p.m.: 20250416-IR-872240481FRA)