BILL NUMBER: AB 164	CHAPTERED  06/06/08

	CHAPTER  23
	FILED WITH SECRETARY OF STATE  JUNE 6, 2008
	APPROVED BY GOVERNOR  JUNE 6, 2008
	PASSED THE SENATE  MAY 22, 2008
	PASSED THE ASSEMBLY  JANUARY 22, 2008
	AMENDED IN ASSEMBLY  JANUARY 14, 2008
	AMENDED IN ASSEMBLY  MAY 9, 2007
	AMENDED IN ASSEMBLY  APRIL 16, 2007
	AMENDED IN ASSEMBLY  MARCH 5, 2007

INTRODUCED BY   Assembly Member Smyth

                        JANUARY 22, 2007

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 164, Smyth. Immunity: marriage and family therapy schools.
   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, psychology, 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.
   This bill would extend that immunity to a person whose
communications to a marriage and family therapy 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 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,
marriage and family therapy, 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.