---
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"
date: "2026-07-12"
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](/usc/10/801.md?p=14) created by or for the [Department](/usc/10/101.md?p=a-6) of Defense as part of a medical quality assurance [program](/usc/10/2101.md?p=1) are confidential and privileged. Such [records](/usc/10/801.md?p=14) may not be disclosed to any [person](/usc/10/2700.md?p=2) or entity, except as provided in [subsection (c)](#c).
- (b) **Prohibition on Disclosure and Testi­mony.—**
  - (1) No part of any medical quality assurance [record](/usc/10/801.md?p=14) 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](/usc/10/2700.md?p=2) who reviews or creates medical quality assurance [records](/usc/10/801.md?p=14) for the [Department](/usc/10/101.md?p=a-6) of Defense or who participates in any proceeding that reviews or creates such [records](/usc/10/801.md?p=14) may not be permitted or required to testify in any judicial or administrative proceeding with respect to such [records](/usc/10/801.md?p=14) or with respect to any finding, recommendation, evaluation, opinion, or action taken by such [person](/usc/10/2700.md?p=2) or body in connection with such [records](/usc/10/801.md?p=14) except as provided in this section.
- (c) **Authorized Disclosure and Testimony.—**
  - (1) Subject to [paragraph (2)](#c-2), a medical quality assurance [record](/usc/10/801.md?p=14) described in [subsection (a)](#a) may be disclosed, and a [person](/usc/10/2700.md?p=2) referred to in [subsection (b)](#b) may give testimony in connection with such a [record](/usc/10/801.md?p=14), only as follows:
    - (A) To a Federal executive [agency](/usc/10/3451.md?p=3) or private organization, if such medical quality assurance [record](/usc/10/801.md?p=14) or testimony is needed by such [agency](/usc/10/3451.md?p=3) or organization to perform licensing or accreditation [functions](/usc/10/467.md?p=1) related to [Department](/usc/10/101.md?p=a-6) of Defense [health care](/usc/10/1072.md?p=10) [facilities](/usc/10/2700.md?p=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/10/2700.md?p=2).
    - (B) To an administrative or judicial proceeding commenced by a present or former [Department](/usc/10/101.md?p=a-6) of Defense [health care](/usc/10/1072.md?p=10) provider concerning the termination, suspension, or limitation of clinical privileges of such [health care](/usc/10/1072.md?p=10) provider.
    - (C) To a governmental board or [agency](/usc/10/3451.md?p=3) or to a professional [health care](/usc/10/1072.md?p=10) society or organization, if such medical quality assurance [record](/usc/10/801.md?p=14) or testimony is needed by such board, [agency](/usc/10/3451.md?p=3), society, or organization to perform licensing, credentialing, or the monitoring of professional [standards](/usc/10/3011.md?p=3) with respect to any [health care](/usc/10/1072.md?p=10) provider who is or was a member 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](/usc/10/801.md?p=14) or testimony is needed by such institution to assess the professional qualifications of any [health care](/usc/10/1072.md?p=10) provider who is or was a member 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 of the [Department](/usc/10/101.md?p=a-6) of Defense who has a need for such [record](/usc/10/801.md?p=14) or testimony to perform official duties.
    - (F) To a criminal or civil law enforcement [agency](/usc/10/3451.md?p=3) or instrumentality charged under applicable law with the protection of the public health or safety, if a qualified representative of such [agency](/usc/10/3451.md?p=3) or instrumentality makes a written request that such [record](/usc/10/801.md?p=14) 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/10/3451.md?p=3) 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](/usc/10/2700.md?p=2) 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](/usc/10/2700.md?p=2) associated with such [department](/usc/10/101.md?p=a-6) for purposes of a medical quality assurance [program](/usc/10/2101.md?p=1) that is disclosed in a medical quality assurance [record](/usc/10/801.md?p=14) described in [subsection (a)](#a) shall be deleted from that [record](/usc/10/801.md?p=14) or document before any disclosure of such [record](/usc/10/801.md?p=14) is made outside the [Department](/usc/10/101.md?p=a-6) of Defense. Such requirement does not apply to the [release](/usc/10/2700.md?p=2) 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](/usc/10/2700.md?p=2) or entity aggregate statistical information regarding the results of [Department](/usc/10/101.md?p=a-6) of Defense medical quality assurance [programs](/usc/10/2101.md?p=1).
  - (2) Nothing in this section shall be construed as authority to withhold any medical quality assurance [record](/usc/10/801.md?p=14) from a committee of either House of Congress, any joint committee of Congress, or the Comptroller General if such [record](/usc/10/801.md?p=14) pertains to any matter within their respective jurisdictions.
- (e) **Prohibition on Disclosure of Record or Testimony.—** A [person](/usc/10/2700.md?p=2) or entity having possession of or access to a [record](/usc/10/801.md?p=14) or testimony described by this section may not disclose the contents of such [record](/usc/10/801.md?p=14) 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](/usc/10/801.md?p=14) described in [subsection (a)](#a) may not be made available to any [person](/usc/10/2700.md?p=2) under [section 552 of title 5](/usc/5/552.md).
- (g) **Limitation on Civil Liability.—** A [person](/usc/10/2700.md?p=2) who participates in or provides information to a [person](/usc/10/2700.md?p=2) or body that reviews or creates medical quality assurance [records](/usc/10/801.md?p=14) 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](/usc/10/3011.md?p=3) at the time the medical quality assurance [program](/usc/10/2101.md?p=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](/usc/10/801.md?p=14) created and maintained outside a medical quality assurance [program](/usc/10/2101.md?p=1), including a patient’s medical [records](/usc/10/801.md?p=14), on the grounds that the information was presented during meetings of a review body that are part of a medical quality assurance [program](/usc/10/2101.md?p=1).
- (i) **Regulations.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe regulations to implement this section.
- (j) **Definitions.—** In this section:
  - (1) The term “medical quality assurance [program](/usc/10/2101.md?p=1)” means any peer review 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](/usc/10/801.md?p=8) medical or dental treatment [facility](/usc/10/2700.md?p=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](/usc/10/801.md?p=14), health resources management review and identification and prevention of medical or dental incidents and risks.
  - (2) The term “medical quality assurance [record](/usc/10/801.md?p=14)” means the proceedings, [records](/usc/10/801.md?p=14), minutes, and reports that emanate from quality assurance [program](/usc/10/2101.md?p=1) 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](/usc/10/2101.md?p=1).
  - (3) The term “[health care](/usc/10/1072.md?p=10) provider” means any [military](/usc/10/801.md?p=8) or civilian [health care](/usc/10/1072.md?p=10) professional who, under regulations of a [military](/usc/10/801.md?p=8) [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](/usc/10/801.md?p=8) medical or dental treatment [facility](/usc/10/2700.md?p=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/10/3451.md?p=3) 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](/usc/10/2101.md?p=1) root cause analysis or report, or any similar activity described in regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) under [subsection (i)](#i).
- (k) **Penalty.—** Any [person](/usc/10/2700.md?p=2) who willfully discloses a medical quality assurance [record](/usc/10/801.md?p=14) other than as provided in this section, knowing that such [record](/usc/10/801.md?p=14) is a medical quality assurance [record](/usc/10/801.md?p=14), 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.”