This act only applies to licensed architects, landscape architects, professional land surveyors, and professional engineers reviewing the type of documents that such a license would be required to draft.

Third-party peer reviewers are granted immunity from civil liability for their actions if they are reasonably related to the peer review process, in good faith, and without malice. The peer review must be performed before substantial completion of the project to create immunity.

This act modifies rules of evidence as they apply to lessons learned performed after substantial completion and solely in house. Documents created during such a lessons learned process will be privileged, not subject to discovery, and inadmissible in any judicial or administrative action. A person who participated in such a lessons learned process shall not be permitted or required to disclose information they learned from the process.

This act does not limit the authority of the Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects to obtain information from a peer reviewer. The provisions granting immunity to third-party peer reviewers will expire on January 1, 2023. Immunity granted to a person performing a peer review prior to that date will continue to be immune. The evidence rules modified by this act for lessons learned performed prior to that date will continue to be have such rules apply to them.

This act is similar to SB 667 (2012) and SB 326 (2011).

MIKE HAMMANN