BILL NUMBER: AB 655	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 1, 2011
	AMENDED IN ASSEMBLY  MAY 5, 2011

INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 16, 2011

   An act to add Section 809.08 to the Business and Professions Code,
relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 655, as amended, Hayashi. Healing arts: peer review.
   Existing law provides for the professional review of specified
healing arts licentiates through a peer review process conducted by
peer review bodies, as defined.
   This bill would require a peer review body to respond to the
request of another peer review body and produce relevant peer review
information about a licentiate that was subject to peer review by the
responding peer review body  , as determined by the
responding peer review body   for a medical disciplinary
cause or reason  . The bill would require the responding peer
review body to determine the manner by which to produce the
information, as specified. The bill would provide that the
information produced pursuant to this provision is not subject to
discovery, as specified, and may be used only for peer review
purposes. The bill would require the requesting peer review body,
upon request, to sign a specified sharing agreement with the
responding peer review body, and to indemnify the responding peer
review body for certain claims relating to the improper release or
disclosure of information.  The bill would require the licentiate
under review to, upon request, release the responding peer review
body from liability for the disclosure of information. The bill would
specify that the responding peer review body is not obligated to
produce information unless certain conditions are met. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 809.08 is added to the Business and Professions
Code, to read:
   809.08.  (a) The Legislature hereby finds and declares that the
sharing of information between peer review bodies is essential to
protect the public health.
   (b) Upon receipt of reasonable processing costs, a peer review
body shall respond to the request of another peer review body and
produce relevant peer review information about a licentiate that was
subject to peer review by the responding peer review body  for a
medical disciplinary cause or reason . The responding peer
review body shall determine the manner by which to produce such
information and may elect to do so through (1) a written summary of
relevant peer review information or (2) a relevant peer review record
 or records  . Relevant peer review information or
peer review  records   record  includes,
but is not limited to,  any  allegations and
findings,  any  explanatory or exculpatory
information submitted by the licentiate, any conclusions made, any
actions taken, and the reasons for those actions, to the extent not
otherwise prohibited by applicable federal or state law. The
information shall not identify any person except the licentiate. The
information produced by a peer review body pursuant to this section
shall be used solely for peer review purposes and shall not be
subject to discovery to the extent provided in Sections 1156.1 and
1157 of the Evidence Code and any other applicable provisions of law.

   (c) The responding peer review body acting in good faith is not
subject to civil or criminal liability for providing information to
the requesting peer review body pursuant to this section. The peer
review body responding to the request shall be entitled to all
confidentiality protections and privileges provided by law as to the
information disclosed pursuant to this section. Prior to the release
of any peer review information pursuant to this section, the
requesting peer review body shall, upon request, sign a mutually
agreeable peer review sharing agreement with the responding peer
review body, and shall also indemnify the responding peer review body
for any and all claims, demands, liabilities, losses, damages,
costs, and expenses, including reasonable attorney's fees, resulting
in any manner, directly or indirectly, from the receiving peer review
body's improper release or disclosure of information shared pursuant
to this section.
   (d) Prior to the release of any peer review information pursuant
to this section, the licentiate under review by the peer review body
requesting information pursuant to this section shall, upon request,
release the responding peer review body, its members, and the health
care entity for which the responding peer review body conducts peer
reviews, from liability for the disclosure of information in
compliance with this section.  If the licentiate does not
provide a release that is acceptable to the responding peer review
body, the responding peer review body shall not be obligated to
produce any information pursuant to this section.  
   (e) The responding peer review body is not obligated to produce
the relevant peer review information pursuant to this section unless
both of the following conditions are met:  
   (1) The licentiate provides a release, as described in subdivision
(d), that is acceptable to the responding peer review body. 

   (2) The requesting peer review body signs a mutually agreeable
peer review sharing agreement, as described in subdivision (c), with
the responding peer review body.