BILL NUMBER: AB 655	INTRODUCED
	BILL TEXT


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 introduced, 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 a summary of
specified information concerning a licentiate under review, 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.
   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 a summary of information that includes the allegations and
findings, and any conclusions made, any actions taken, and the
reasons for those actions, reasonably requested concerning a
licentiate under review to the extent not otherwise prohibited by
state or federal law. The summary shall not identify any person
except the licentiate under review. 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. The requesting peer
review body shall, upon request, sign a reasonable 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) 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
reasonable 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.