BILL ANALYSIS
AB 120
Page 1
GOVERNOR'S VETO
AB 120 (Hayashi)
As Amended July 8, 2009
2/3 vote
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|ASSEMBLY: |78-0 |(June 3, 2009) |SENATE: |35-0 |(August 17, |
| | | | | |2009) |
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|ASSEMBLY: |78-0 |(September 11, | | | |
| | |2009) | | | |
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Original Committee Reference: B. & P.
SUMMARY : Amends the medical peer review process by recommending
external peer review in limited circumstances, requires peer
review bodies to share information, establishes the duties of a
hearing officer, and sets parameters for attorney
representation.
The Senate amendments :
1)State that a peer review body must make timely recommendations
to the governing body and its designee, if applicable,
regarding quality considerations relating to clinical
services.
2)Revise the term "external peer review" to mean peer review
provided by licentiates who do not practice in the same health
care facility as the licentiate under review.
3)Give the responding peer review body discretion to decide
whether to produce minutes from peer review body meetings, and
states that the records produced by a peer review body may
only be used for peer review purposes.
4)Allow reimbursement of processing costs for peer review
AB 120
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records.
5)Require, upon request, the licentiate under review by a peer
review body requesting records to release the responding peer
review body, its members, and the health care entity for which
the peer review body conducts peer review, from liability for
the disclosure of records, and the contents thereof. If the
licentiate does not provide a reasonable release that is
acceptable to the responding peer review body, the responding
peer review body shall not be obligated to produce records.
6)Exempts dental professional society peer review bodies from
the requirement that a hearing officer be a licensed
California attorney.
7)Double-joints this bill to SB 820 (Negrete-McLeod).
8)Make minor technical changes.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
GOVERNOR'S VETO MESSAGE :
"This bill is contingent upon the enactment of Senate Bill 820.
I have vetoed that bill, and am therefore unable to sign this
measure.
"I have encouraged the authors and interested stakeholders to
work with my Department of Consumer Affairs on streamlining and
improving the peer review process in a way that increases the
overall effectiveness and reporting mechanisms to the Medical
Board of California."
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301
AB 120
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FN:
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