BILL NUMBER: SB 822	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 17, 2007
	PASSED THE ASSEMBLY  JUNE 25, 2007
	AMENDED IN SENATE  MAY 15, 2007
	AMENDED IN SENATE  APRIL 11, 2007
	AMENDED IN SENATE  MARCH 28, 2007

INTRODUCED BY   Senator Aanestad
   (Coauthors: Senators Romero and Lowenthal)

                        FEBRUARY 23, 2007

   An act to amend Section 43.8 of the Civil Code, relating to
immunity.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 822, Aanestad. Immunity: evaluation of practitioner of healing
arts.
   Existing law provides immunity from liability to any person whose
communications to a hospital, hospital medical staff, veterinary
hospital staff, professional society, or any medical, dental,
podiatric, or veterinary school, among others, are intended to aid in
the evaluation of the qualifications, fitness, character, or
insurability of a practitioner of the healing or veterinary arts.
Under existing case law, this immunity is qualified in that the
communication must have been intended to aid in the evaluation of the
qualifications, fitness, character, or insurability of a
practitioner.
   This bill would extend that immunity to any person whose
communications to a psychology school are intended to aid in the
evaluation of the qualifications, fitness, character, or insurability
of a practitioner of the healing or veterinary arts. The bill would
provide that nothing in these provisions is intended to affect the
case law described above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 43.8 of the Civil Code is amended to read:
   43.8.  (a) In addition to the privilege afforded by Section 47,
there shall be no monetary liability on the part of, and no cause of
action for damages shall arise against, any person on account of the
communication of information in the possession of that person to any
hospital, hospital medical staff, veterinary hospital staff,
professional society, medical, dental, podiatric, psychology, or
veterinary school, professional licensing board or division,
committee or panel of a licensing board, the Senior Assistant
Attorney General of the Health Quality Enforcement Section appointed
under Section 12529 of the Government Code, peer review committee,
quality assurance committees established in compliance with Sections
4070 and 5624 of the Welfare and Institutions Code, or underwriting
committee described in Section 43.7 when the communication is
intended to aid in the evaluation of the qualifications, fitness,
character, or insurability of a practitioner of the healing or
veterinary arts.
    (b) The immunities afforded by this section and by Section 43.7
shall not affect the availability of any absolute privilege that may
be afforded by Section 47.
   (c) Nothing in this section is intended in any way to affect the
California Supreme Court's decision in Hassan v. Mercy American River
Hospital (2003) 31 Cal.4th 709, holding that subdivision (a)
provides a qualified privilege.