BILL NUMBER: AB 655	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 6, 2011
	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 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 that all relevant information produced be made available to
the licentiate by the requesting   peer review body.
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. Relevant
peer review information or peer review record includes, but is not
limited to, allegations and findings, 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.
 All relevant peer review information produced pursuant to this
section shall be made available to the licentiate by the requesting
peer review body in accordance with Section 809.2. 
   (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.
   (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.