BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1730|
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                                 THIRD READING


          Bill No:  AB 1730
          Author:   Emmerson (R)
          Amended:  3/17/10 in Assembly
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  5-0, 6/15/10
          AYES: Corbett, Harman, Hancock, Leno, Walters

           ASSEMBLY FLOOR  :  76-0, 4/5/10 - See last page for vote


           SUBJECT  :    Personal rights:  monetary liability

           SOURCE  :     California Association of Marriage and Family  
          Therapists


           DIGEST  :    This bill clarifies that the peer review  
          liability exemption applies to review of psychotherapy  
          services and marriage and family therapists. 

           ANALYSIS  :    Existing law requires specified licensing  
          entities to maintain a central file on the disciplinary  
          history of their respective licensees.  (Bus. & Prof. Code  
          Sec. 800 et seq.)

          Existing law defines "peer review body" to include, among  
          other things, a marriage and family therapy professional  
          society that: (1) has as members at least 25 percent of the  
          eligible licentiates in the area in which it functions; (2)  
          is not organized for profit; and (3) has been determined to  
          be tax-exempt pursuant to Section 23701 of the Revenue and  
                                                           CONTINUED





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          Taxation Code.  (Bus. & Prof. Code Sec. 805(a)(1)(C).)

          Existing law provides, generally, that there shall be no  
          monetary liability on the part of, and no cause of action  
          for damages against, any member of a mental health  
          professional quality assurance committee for actions taken  
          pursuant to a review or evaluation of mental health care or  
          treatment.  (Civ. Code Sec. 43.7(a).)

          Existing law provides, generally, that there shall be no  
          monetary liability on the part of, and no cause of action  
          for damages against, a professional or medical society, or  
          member of any committee thereof, for any action taken to  
          maintain the professional  standards of the society.  (Civ.  
          Code Sec. 43.7(b).)

          Existing law defines "professional society" to include  
          legal, medical,  psychological, dental, dental hygiene,  
          dietetic, accounting, optometric, acupuncture, podiatric,  
          pharmaceutic,  chiropractic, physical therapist,  
          veterinary, licensed  marriage and family therapy, licensed  
          clinical social work, and engineering organizations having  
          as members at least 25  percent of the eligible persons or  
          licentiates in the  geographic area served by the  
          particular society.  (Civ. Code Sec. 43.7(b).)

          Existing law requires the Board of Behavioral Sciences to  
          create and maintain a central file of the names of all  
          persons who hold a license from the Board in order to  
          provide a record for each  licensee with respect to any:  
          (1) criminal conviction that constitutes unprofessional  
          conduct; (2) judgment or settlement for damages in excess  
          of $3,000 for any claim that injury or death was  
          proximately caused by the licensee's negligence, error or  
          omission in practice, or by rendering unauthorized  
          professional services; (3) public complaints; or (4)  
          disciplinary information reported pursuant to Business and  
          Professions Code Section 805.  (Bus. & Prof. Code Sec.  
          800.)

          Existing law requires the administrator of a peer review  
          body to file an "805 report" with the relevant state  
          licensing agency within 15 days after the effective date of  
          any of the following that occur as a result of an action of  







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          the peer review body:

          1.A licentiate's application for staff privileges or  
            membership is denied or rejected for a medical  
            disciplinary cause or reason. 

          2.A licentiate's membership, staff privileges, or  
            employment is terminated or revoked for a medical  
            disciplinary cause or reason. 

          3.Restrictions are imposed, or voluntarily accepted, on  
            staff privileges, membership, or employment for a  
            cumulative total of 30 days or more for any 12-month  
            period, for a medical disciplinary cause or reason.   
            (Bus. & Prof. Code Sec. 805(b).)

          Existing law contains findings of the Legislature stating  
          that:

          1.Peer review, fairly conducted, is essential to preserving  
            the highest standards of medical practice. 

          2.Peer review, fairly conducted, will aid the appropriate  
            state licensing boards in their responsibility to  
            regulate and discipline errant healing arts  
            practitioners. 

          3.To protect the health and welfare of the people of  
            California, it is the policy of the State of California  
            to exclude, through the peer review mechanism as provided  
            for by California law, those healing arts practitioners  
            who provide substandard care or who engage in  
            professional misconduct, regardless of the effect of that  
            exclusion on competition.  (Bus. & Prof. Code Sec.  
            809(a).)

          This bill clarifies that the peer review liability  
          exemption contained in Civil Code Section 43.7 includes  
          psychotherapy services.

          This bill clarifies an ambiguity regarding the existing  
          reference to the liability exemption for licensed marriage  
          and family therapy contained in the definition of  
          "professional society" by adding marriage and family  







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          therapists to the list of peer review groups that comprise  
          the professional society.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/16/10)

          California Association of Marriage and Family Therapists  
          (source) 
          California Hospital Association
          Civil Justice Association of California


           ARGUMENTS IN SUPPORT  :    According to the author's office:

               AB 1730 adds marriage and family therapists to the  
               list of health-related professionals that receive  
               qualified immunity for their peer review activities as  
               outlined in Civil Code Section. 43.7.

               While licensed marriage and family therapists are  
               included in the law's definition of "professional  
               society," they are not mentioned in other relevant  
               parts of the statute.  It should also be noted that  
               Business and Professions Code Section 805 includes a  
               marriage and family therapist professional society as  
               a "peer review body" for the purpose of reporting  
               disciplinary actions to the Board of Behavioral  
               Sciences.  AB 1730 will correct this oversight in  
               current law by specifically including marriage and  
               family therapists in Civil Code Section 43.7 thereby  
               ensuring that they are clearly protected from  
               liability for their peer review activities.

          California Association of Marriage and Family Therapists  
          states:

               With regard to professional society peer review  
               committees that are addressed in 43.7(b) of the Civil  
               Code, marriage and family therapists are omitted from  
               the listing of professions afforded immunity from  
               liability, even though this section of law covers  
               marriage and family therapy professional societies.   







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               It is important for members of marriage and family  
               therapist ethics committees to be assured that the  
               specified immunity from liability is applicable to  
               them and the actions they take.  This change in law  
               will assure that there is no ambiguity with respect to  
               this protection for those who volunteer to perform  
               this important function that helps to protect the  
               public and assure that members adhere to established  
               codes of ethics.


           ASSEMBLY FLOOR  :  
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, John  
            A. Perez
          NO VOTE RECORDED: Blakeslee, Norby, Portantino 


          RJG:nl  6/16/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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