Section 2805-M. Confidentiality

1.  The  information  required  to  be
  collected and  maintained  pursuant  to  sections  twenty-eight  hundred
  five-j and twenty-eight hundred five-k of this article, reports required
  to  be submitted pursuant to section twenty-eight hundred five-l of this
  article and any incident reporting requirements imposed upon  diagnostic
  and  treatment  centers pursuant to the provisions of this chapter shall
  be kept confidential and shall not be released except to the  department
  or  pursuant  to subdivision four of section twenty-eight hundred five-k
  of this article.
    2. Notwithstanding any other provisions of law, none of  the  records,
  documentation  or  committee  actions  or  records  required pursuant to
  sections twenty-eight hundred five-j and twenty-eight hundred five-k  of
  this  article,  the  reports  required  pursuant to section twenty-eight
  hundred five-l of this article nor any incident  reporting  requirements
  imposed upon diagnostic and treatment centers pursuant to the provisions
  of  this chapter shall be subject to disclosure under article six of the
  public officers law or article thirty-one of the civil practice law  and
  rules,  except  as  hereinafter  provided  or  as  provided by any other
  provision of law. No person in attendance  at  a  meeting  of  any  such
  committee  shall  be  required to testify as to what transpired thereat.
  The prohibition relating to discovery of testimony shall  not  apply  to
  the statements made by any person in attendance at such a meeting who is
  a  party  to  an  action  or  proceeding the subject matter of which was
  reviewed at such meeting.
    3. There shall be no monetary liability on the part of, and  no  cause
  of  action  for  damages  shall  arise against, any person, partnership,
  corporation,  firm,  society,  or  other  entity  on  account   of   the
  communication of information in the possession of such person or entity,
  or  on  account  of  any  recommendation  or  evaluation,  regarding the
  qualifications, fitness, or  professional  conduct  or  practices  of  a
  physician,  to  any governmental agency, medical or specialists society,
  or  hospital  as  required  by  sections  twenty-eight  hundred  five-j,
  twenty-eight  hundred  five-k  and  twenty-eight  hundred five-l of this
  article or any incident reporting requirements imposed  upon  diagnostic
  and  treatment  centers  pursuant to the provisions of this chapter. The
  foregoing  shall  not  apply  to  information  which   is   untrue   and
  communicated with malicious intent.