BILL NUMBER: AB 655	AMENDED
	BILL TEXT

	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  a summary of
specified information concerning a licentiate under review, as
specified.   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. 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.
   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.   produce relevant
peer review information about a licentiate that was subject to peer
review by the responding peer review body. 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
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  summary   information
 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
  Prior to the release of any peer review information
pursuant to this section, the  requesting peer review body
shall, upon request, sign a  reasonable  
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)  The   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 
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.