BILL ANALYSIS Ó SB 672 Page 1 SENATE THIRD READING SB 672 (Hernandez) As Amended May 13, 2015 Majority vote SENATE VOTE: 36-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Judiciary |10-0 |Mark Stone, Wagner, | | | | |Alejo, Chau, Chiu, | | | | |Gallagher, | | | | | | | | | | | | | | |Cristina Garcia, | | | | |Holden, Maienschein, | | | | |O'Donnell | | | | | | | ------------------------------------------------------------------ SUMMARY: Adds "pharmacist" to the existing list of medical professionals whose peer review proceedings and records are exempt from civil discovery and required testimony. SB 672 Page 2 EXISTING LAW: 1)Exempts from civil discovery requests the peer review proceedings and records of various medical professionals. Specifies that any person in attendance at a meeting of any of these organized committees shall not be required to testify as to what transpired at that meeting. 2)Specifies that the prohibition against discovery and testimony as to peer review records and proceedings does not apply to the statements of a person at a peer review meeting if that person is a party to an action or proceeding, the subject matter of which was reviewed at the meeting, or to a person requesting staff privileges, or in an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits. 3)Requires a pharmacy, as defined, to establish a quality assurance program that shall, at a minimum, document medication errors attributable, in whole or in part, to the pharmacy or its personnel. Specifies that records generated for and maintained as a component of a pharmacy's ongoing quality assurance program shall be considered peer review documents and not subject to discovery in any arbitration, civil, or other proceeding, except as provided. 4)Defines "peer review," for purposes of the healing arts, to mean a process by which a peer review body reviews basic qualifications, staff privileges, employment, medical outcomes, or professional conduct of medical professionals in order to make recommendations for quality improvement or education; determine whether a medical professional may continue to practice, or determine the parameters of that practice; assess and improve the quality of care rendered in a SB 672 Page 3 health care facility, clinic, or other setting providing medical services; or to engage in other activities, as specified. Requires the medical chief of staff, executive officer, medical director or other administrator of a peer review body to file a report with the appropriate licensing board, as specified. FISCAL EFFECT: None COMMENTS: Existing law provides for the establishment of peer review committees in order to evaluate the performance of licensed medical professionals, assess and improve the quality of medical care, and, if necessary, determine whether a medical professional may continue to practice. Medical peer review bodies must submit reports to their appropriate licensing boards whenever taking disciplinary action, including the denial of staff privileges or employment to a medical professional. Because an effective peer review process is essential to patient safety and quality of care, the Legislature has exempted medical peer review records from the usual rules governing the discovery and admissibility of evidence in litigation. Evidence Code Section 1157, in particular, expressly exempts from discovery the peer review proceedings and records of many different medical professionals: doctors, dentists, podiatrists, dieticians, psychologists, marriage and family therapists, clinical social workers, veterinarians, chiropractors, and acupuncturists, among others. Evidence Code Section 1157 also specifies that any person in attendance at a meeting of any of these organized committees cannot be required to testify as to what transpired at that meeting. The policy rationale for exempting medical peer review records and not compelling testimony from peer review participants is to encourage maximum candor in the evaluation of medical professionals. However, pharmacists are notably absent from the list of medical professionals currently covered by Evidence Code Section 1157. SB 672 Page 4 This non-controversial bill would add pharmacists to the list of medical professionals whose peer review records are exempt from discovery requests. Although pharmacists are not among the medical professionals listed in the existing provisions of the Evidence Code, their peer review and quality control records are already exempted from discovery requests under provisions of the Business and Professions (B&P) Code. However, the B&P Code provisions only apply to pharmacists who practice in a "pharmacy," which is generally defined as the physical premises of a licensed pharmacy. The B&P Code provisions do not apply, therefore, to other pharmacists - especially certified "advanced practice pharmacists" - who work outside of a pharmacy in a hospital or clinical setting, often in collaboration with other health care providers. Because board recognition of "advanced practice pharmacists" came about relatively recently, with the enactment of SB 493 (Roger Hernández), Chapter 469, Statutes of 2013, the provisions of the B&P Code Section (that has not been amended since it was enacted in 2000) exempting pharmacy peer review records, do not apply to them. Peer review records relating to advanced practice pharmacists, therefore, are protected by neither the provisions of the B&P Code, nor the Evidence Code. This bill sensibly addresses this gap by simply adding pharmacists - whether advanced practice pharmacists or those practicing in a traditional pharmacy - to the list of medical professionals whose peer review records are generally exempted from discovery and whose testimony cannot be compelled under the Evidence Code. Analysis Prepared by: Thomas Clark / JUD. / (916) 319-2334 FN: 0001020 SB 672 Page 5