---
kind: "section"
citation: "10 U.S.C. § 1102"
title: "10"
title_heading: "Armed Forces"
number: "1102"
heading: "Confidentiality of medical quality assurance records: qualified immunity for participants"
release: "119-102"
url: "https://uscodex.org/usc/10/1102"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 55 — Medical and Dental Care"
---

# §1102. Confidentiality of medical quality assurance records: qualified immunity for participants

- (a) **Confidentiality of Records.—** [Medical quality assurance records](#j-2) created by or for the [Department](/usc/10/101.md?p=a-6) of Defense as part of a [medical quality assurance program](#j-1) are confidential and privileged. Such records may not be disclosed to any person or entity, except as provided in [subsection (c)](#c).
- (b) **Prohibition on Disclosure and Testi­mony.—**
  - (1) No part of any [medical quality assurance record](#j-2) described in [subsection (a)](#a) may be subject to discovery or admitted into evidence in any judicial or administrative proceeding, except as provided in [subsection (c)](#c).
  - (2) A person who reviews or creates [medical quality assurance records](#j-2) for the [Department](/usc/10/101.md?p=a-6) of Defense or who participates in any proceeding that reviews or creates such records may not be permitted or required to testify in any judicial or administrative proceeding with respect to such records or with respect to any finding, recommendation, evaluation, opinion, or action taken by such person or body in connection with such records except as provided in this section.
- (c) **Authorized Disclosure and Testimony.—**
  - (1) Subject to [paragraph (2)](#c-2), a [medical quality assurance record](#j-2) described in [subsection (a)](#a) may be disclosed, and a person referred to in [subsection (b)](#b) may give testimony in connection with such a record, only as follows:
    - (A) To a Federal executive [agency](/usc/10/4701.md?p=g-1) or private organization, if such [medical quality assurance record](#j-2) or testimony is needed by such [agency](/usc/10/4701.md?p=g-1) or organization to perform licensing or accreditation functions related to [Department](/usc/10/101.md?p=a-6) of Defense [health care](/usc/10/1072.md?p=10) [facilities](/usc/10/227.md?p=b-2) or to perform monitoring, required by law, of [Department](/usc/10/101.md?p=a-6) of Defense [health care](/usc/10/1072.md?p=10) [facilities](/usc/10/227.md?p=b-2).
    - (B) To an administrative or judicial proceeding commenced by a present or former [Department of Defense health care provider](/usc/10/2733a.md?p=k-2) concerning the termination, suspension, or limitation of clinical privileges of such [health care provider](#j-3).
    - (C) To a governmental board or [agency](/usc/10/4701.md?p=g-1) or to a professional [health care](/usc/10/1072.md?p=10) society or organization, if such [medical quality assurance record](#j-2) or testimony is needed by such board, [agency](/usc/10/4701.md?p=g-1), society, or organization to perform licensing, credentialing, or the monitoring of professional standards with respect to any [health care provider](#j-3) who is or was a [member](/usc/10/1408.md?p=a-5) or an employee of the [Department](/usc/10/101.md?p=a-6) of Defense.
    - (D) To a hospital, medical center, or other institution that provides [health care](/usc/10/1072.md?p=10) services, if such [medical quality assurance record](#j-2) or testimony is needed by such institution to assess the professional qualifications of any [health care provider](#j-3) who is or was a [member](/usc/10/1408.md?p=a-5) or employee of the [Department](/usc/10/101.md?p=a-6) of Defense and who has applied for or been granted authority or employment to provide [health care](/usc/10/1072.md?p=10) services in or on behalf of such institution.
    - (E) To an [officer](/usc/10/101.md?p=b-1), employee, or [contractor](/usc/10/9511.md?p=7) of the [Department](/usc/10/101.md?p=a-6) of Defense who has a need for such record or testimony to perform official duties.
    - (F) To a criminal or civil law enforcement [agency](/usc/10/4701.md?p=g-1) or instrumentality charged under applicable law with the protection of the public health or safety, if a qualified representative of such [agency](/usc/10/4701.md?p=g-1) or instrumentality makes a written request that such record or testimony be provided for a purpose authorized by law.
    - (G) In an administrative or judicial proceeding commenced by a criminal or civil law enforcement [agency](/usc/10/4701.md?p=g-1) or instrumentality referred to in [subparagraph (F)](#c-1-F), but only with respect to the subject of such proceeding.
  - (2) With the exception of the subject of a quality assurance action, the identity of any person receiving [health care](/usc/10/1072.md?p=10) services from the [Department](/usc/10/101.md?p=a-6) of Defense or the identity of any other person associated with such [department](/usc/10/101.md?p=a-6) for purposes of a [medical quality assurance program](#j-1) that is disclosed in a [medical quality assurance record](#j-2) described in [subsection (a)](#a) shall be deleted from that record or document before any disclosure of such record is made outside the [Department](/usc/10/101.md?p=a-6) of Defense. Such requirement does not apply to the release of information pursuant to [section 552a of title 5](/usc/5/552a.md).
- (d) **Disclosure for Certain Purposes.—**
  - (1) Nothing in this section shall be construed as authorizing or requiring the withholding from any person or entity aggregate statistical information regarding the results of [Department](/usc/10/101.md?p=a-6) of Defense [medical quality assurance programs](#j-1).
  - (2) Nothing in this section shall be construed as authority to withhold any [medical quality assurance record](#j-2) from a committee of either House of Congress, any joint committee of Congress, or the Comptroller General if such record pertains to any matter within their respective jurisdictions.
- (e) **Prohibition on Disclosure of Record or Testimony.—** A person or entity having possession of or access to a record or testimony described by this section may not disclose the contents of such record or testimony in any manner or for any purpose except as provided in this section.
- (f) **Exemption From Freedom of Information Act.—** [Medical quality assurance records](#j-2) described in [subsection (a)](#a) may not be made available to any person under [section 552 of title 5](/usc/5/552.md).
- (g) **Limitation on Civil Liability.—** A person who participates in or provides information to a person or body that reviews or creates [medical quality assurance records](#j-2) described in [subsection (a)](#a) shall not be civilly liable for such participation or for providing such information if the participation or provision of information was in good faith based on prevailing professional standards at the time the [medical quality assurance program](#j-1) activity took place.
- (h) **Application to Information in Certain Other Records.—** Nothing in this section shall be construed as limiting access to the information in a record created and maintained outside a [medical quality assurance program](#j-1), including a patient’s medical records, on the grounds that the information was presented during meetings of a review body that are part of a [medical quality assurance program](#j-1).
- (i) **Regulations.—** The Secretary of Defense shall prescribe regulations to implement this section.
- (j) **Definitions.—** In this section:
  - (1) The term “medical quality assurance program” means any [peer review](#j-4) activity carried out before, on, or after November 14, 1986 by or for the [Department](/usc/10/101.md?p=a-6) of Defense to assess the quality of medical care, including activities conducted by individuals, military medical or dental treatment [facility](/usc/10/227.md?p=b-2) committees, or other review bodies responsible for quality assurance, credentials, infection control, patient care assessment (including treatment procedures, blood, drugs, and therapeutics), medical records, health resources management review and identification and prevention of medical or dental incidents and risks.
  - (2) The term “medical quality assurance record” means the proceedings, records, minutes, and reports that emanate from quality assurance program activities described in [paragraph (1)](#j-1) and are produced or compiled by the [Department](/usc/10/101.md?p=a-6) of Defense as part of a [medical quality assurance program](#j-1).
  - (3) The term “health care provider” means any military or civilian [health care](/usc/10/1072.md?p=10) professional who, under regulations of a military [department](/usc/10/101.md?p=a-6), is granted clinical practice privileges to provide [health care](/usc/10/1072.md?p=10) services in a military medical or dental treatment [facility](/usc/10/227.md?p=b-2) or who is licensed or certified to perform [health care](/usc/10/1072.md?p=10) services by a governmental board or [agency](/usc/10/4701.md?p=g-1) or professional [health care](/usc/10/1072.md?p=10) society or organization.
  - (4) The term “peer review” means any assessment of the quality of medical care carried out by a [health care](/usc/10/1072.md?p=10) professional, including any such assessment of professional performance, any patient safety program root cause analysis or report, or any similar activity described in regulations prescribed by the Secretary under [subsection (i)](#i).
- (k) **Penalty.—** Any person who willfully discloses a [medical quality assurance record](#j-2) other than as provided in this section, knowing that such record is a [medical quality assurance record](#j-2), shall be fined not more than $3,000 in the case of a first offense and not more than $20,000 in the case of a subsequent offense.

## Source credit

(Added Pub. L. 99–661, div. A, title VII, § 705(a)[(1)], Nov. 14, 1986, 100 Stat. 3902; amended Pub. L. 100–180, div. A, title XII, § 1231(5), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 101–189, div. A, title VI, § 653(f), Nov. 29, 1989, 103 Stat. 1463; Pub. L. 108–375, div. A, title X, § 1084(c)(2), Oct. 28, 2004, 118 Stat. 2061; Pub. L. 112–81, div. A, title VII, § 714(a), Dec. 31, 2011, 125 Stat. 1476.)

## Notes

### Editorial Notes

### Amendments

2011—Subsec. (j)(1). Pub. L. 112–81, § 714(a)(1), substituted “any peer review activity carried out” for “any activity carried out”.

Subsec. (j)(4). Pub. L. 112–81, § 714(a)(2), added par. (4).

2004—Subsec. (d)(2). Pub. L. 108–375 substituted “Comptroller General” for “General Accounting Office”.

1989—Subsec. (j)(1). Pub. L. 101–189 substituted “November 14, 1986” for “the date of the enactment of this section”.

1987—Subsec. (c)(2). Pub. L. 100–180 struck out “, United States Code” after “title 5” in second sentence.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

Pub. L. 112–81, div. A, title VII, § 714(b), Dec. 31, 2011, 125 Stat. 1477, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on January 1, 2012.”

### Effective Date

Pub. L. 99–661, div. A, title VII, § 705(b), Nov. 14, 1986, 100 Stat. 3904, provided that: “Section 1102 of title 10, United States Code, as added by subsection (a), shall apply to all records created before, on, or after the date of the enactment of this Act [Nov. 14, 1986] by or for the Department of Defense as part of a medical quality assurance program.”