In re Colo. Med. Bd. v. Office of Admin. Courts (Summary)

PEER REVIEW LICENSURE

In re Colo. Med. Bd. v. Office of Admin. Courts, No. 13SA209 (Colo. June 23, 2014)
The Colorado Supreme Court reversed the lower court’s order compelling the production of peer review documents, holding that the Colorado Medical Board review committee’s records are protected from all forms of subpoena and discovery, including one as a result of an administrative hearing. After a medical license applicant was denied licensure by the Colorado Medical Board (“Board”) she sought review of the Board’s decision through an administrative hearing. The applicant requested the Board’s “Letters of Concern” that it had produced for similarly situated applicants because she believed the letters contained relevant information to her licensure denial. The Board objected to this request by raising the statutorily provided peer review privilege. The administrative judge ordered, and the district court agreed, that the Board was to produce the letters, reasoning that the peer review privilege only applies to civil suits and not administrative hearings. The Colorado Supreme Court held that the peer review statute protects the records of a professional review committee, the Board, from all forms of subpoena and discovery. Furthermore, an administrative hearing of an adjudicatory nature is considered a civil suit under the peer review statute.