Page:United States Statutes at Large Volume 100 Part 5.djvu/430

 100 STAT. 3904

PUBLIC LAW 99-661—NOV. 14, 1986

"(1) The term 'medical quality assurance program' means any activity carried out before, on, or after the date of the enactment of this section by or for the Department of Defense to assess the quality of medical care, including activities conducted by individuals, military medical or dental treatment facility 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) and are produced or compiled by the Department of Defense as part of a medical quality assurance program. "(3) The term 'health care provider' means any military or civilian health care professional who, under regulations of a military department, is granted clinical practice privileges to provide health care services in a military medical or dental treatment facility or who is licensed or certified to perform health care services by a governmental board or agency or professional health care society or organization. "(k) PENALTY.—Any person who willfully discloses a medical quality assurance record other than as provided in this section, knowing that such record is a medical quality assurance record, 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.". (2) The table of sections at the beginning of such chapter (as amended by sections 701 and 702) is amended by adding at the end the following new item: "1102. Confidentiality of medical quality assurance records: qualified immunity for participants.".

10 USC 1102 note.

(b) EFFECTIVE DATE.—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 by or for the Department of Defense as part of a medical quality assurance program.

10 USC 1074

(c) RESTRICTION ON USE OF INFORMATION OBTAINED DURING CER-p^jjj EPIDEMIOLOGIC-ASSESSMENT INTERVIEWS.—(1) Information

'^ote.

obtained by the Department of Defense during or as a result of an epidemiologic-assessment interview with a serum-positive member of the Armed Forces may not be used to support any adverse personnel action against the member. (2) For purposes of paragraph (1): (A) The term "epidemiologic-assessment interview" means questioning of a serum-positive member of the Armed Forces for purposes of medical treatment or counseling or for epidemiologic or statistical purposes. (B) The term "serum-positive member of the Armed Forces" means a member of the Armed Forces who has been identified ^ as having been exposed to a virus associated with the acquired •'<• immune deficiency syndrome. (i) a court-martial; (ii) non-judicial punishment;
 * i (C) The term "adverse personnel action" includes—

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