April 18, 2019

Colorado Supreme Court: Professional Review Committee Records Protected from All Forms of Subpoena or Discovery

The Colorado Supreme Court issued its opinion in In re Colorado Medical Board v. Office of Administrative Courts on Monday, June 23, 2014.

CRS § 12-36.5-104(10)(a)—Professional Review Committee—Records Protected From all Subpoena or Discovery—Records Protected from Admissibility in Administrative Proceedings.

The Supreme Court held that CRS § 12-36.5-104(10)(a) protects the records of a professional review committee from all forms of subpoena or discovery. The statute further protects the records from admissibility in civil suits. The Court also held that the term “civil suit” includes administrative proceedings of an adjudicatory nature. Accordingly, the Colorado Medical Board’s (Board) records are protected from subpoena or discovery and are not admissible in the administrative hearing regarding the denial of the doctor’s medical license, and the Board need not furnish the records at issue in this petition.

The Court therefore reversed the district court’s order requiring that the Board comply with the Administrative Law Judge’s discovery order. The case was remanded to the district court with directions.

Summary and full case available here.