Text: SF02198 Text: SF02200 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 139C.2, subsection 8, Code 1997, is 1 2 amended to read as follows: 1 3 8. The expert review panel established by the department 1 4 and individual members of the panel shall be immune from any 1 5 liability, civil or criminal, for the good faith performance 1 6 of functions authorized or required by this section. A 1 7 hospital, an expert review panel established by the hospital, 1 8 and individual members of the panel shall be immune from any 1 9 liability, civil or criminal, for the good faith performance 1 10 of functions authorized or required by this section. 1 11 Complaints, investigations, reports, deliberations, and 1 12 findings of the hospital and its panel with respect to a named 1 13 health care provider suspected, alleged, or found to be in 1 14 violation of the protocol required by this section, constitute 1 15 peer reviewrecordscommunications under section 147.135, and 1 16 are subject to the specific confidentiality requirements and 1 17 limitations of this section. 1 18 Sec. 2. Section 147.135, subsections 2 and 3, Code 1997, 1 19 are amended to read as follows: 1 20 2. As used in this subsection, "peer reviewrecords"1 21 communications" means all complaint files, investigation 1 22 files, reports, faxes, and other written or computer-generated 1 23 investigative information relating to licensee discipline or 1 24 professional competence in the possession of a peer review 1 25 committee or an employee of a peer review committee, and all 1 26 nonwritten communications in the form of in-person or 1 27 telephone conversations occurring in the course of the peer 1 28 review process. As used in this subsection, "peer review 1 29 committee" does not include examining boards. Peer review 1 30recordscommunications are privileged and confidential, are 1 31 not subject to discovery, subpoena, or other means of legal 1 32 compulsion for release to a person other than an affected 1 33 licensee or a peer review committee and are not admissible in 1 34 evidence in a judicial or administrative proceeding other than 1 35 a proceeding involving licensee discipline or a proceeding 2 1 brought by a licensee who is the subject of a peer review 2 2recordcommunication and whose competence is at issue. A 2 3 person shall not be liable as a result of filing a report or 2 4 complaint with a peer review committee or providing 2 5 information to such a committee, or for disclosure of 2 6 privileged matter to a peer review committee. A person 2 7 present at a meeting of a peer review committee, or a 2 8 participant in a peer review communication as used in this 2 9 subsection, shall not be permitted to testify as to the 2 10 findings, recommendations, evaluations, or opinions of the 2 11 peer review committee in any judicial or administrative 2 12 proceeding other than a proceeding involving licensee 2 13 discipline or a proceeding brought by a licensee who is the 2 14 subject of a peer review committee meeting and whose 2 15 competence is at issue. Information,ordocuments, or other 2 16 communications discoverable from sources other than the peer 2 17 review committee do not become nondiscoverable from the other 2 18 sources merely because they are made available to or are in 2 19 the possession of a peer review committee. However, such 2 20 information relating to licensee discipline may be disclosed 2 21 to an appropriate licensing authority in any jurisdiction in 2 22 which the licensee is licensed or has applied for a license. 2 23 If such information indicates a crime has been committed, the 2 24 information shall be reported to the proper law enforcement 2 25 agency. This subsection shall not preclude the discovery of 2 26 the identification of witnesses or documents known to a peer 2 27 review committee. Any final written decision and finding of 2 28 fact by a licensing board in a disciplinary proceeding is a 2 29 public record. Upon appeal by a licensee of a decision of a 2 30 licensing board, the entire case record shall be submitted to 2 31 the reviewing court. In all cases where privileged and 2 32 confidential information under this subsection becomes 2 33 discoverable, admissible, or part of a court record the 2 34 identity of an individual whose privilege has been 2 35 involuntarily waived shall be withheld. 3 1 3. A full and confidential report concerning any final 3 2 hospital disciplinary action approved by a hospital board of 3 3 trustees that results in a limitation, suspension, or 3 4 revocation of a physician's privilege to practice for reasons 3 5 relating to the physician's professional competence or 3 6 concerning any voluntary surrender or limitation of privileges 3 7 for reasons relating to professional competence shall be made 3 8 to the board of medical examiners by the hospital 3 9 administrator or chief of medical staff within ten days of 3 10 such action. The board of medical examiners shall investigate 3 11 the report and take appropriate action. These reports shall 3 12 be privileged and confidential as though included in and 3 13 subject to the requirements for peer reviewcommittee3 14informationcommunications in subsection 2. Persons making 3 15 these reports and persons participating in resulting 3 16 proceedings related to these reports shall be immune from 3 17 civil liability with respect to the making of the report or 3 18 participation in resulting proceedings. As used in this 3 19 subsection, "physician" means a person licensed pursuant to 3 20 chapter 148, chapter 150, or chapter 150A. 3 21 Notwithstanding subsection 2, if the board of medical 3 22 examiners conducts an investigation based on a complaint 3 23 received or upon its own motion, a hospital pursuant to 3 24 subpoena shall make available information and documents 3 25 requested by the board, specifically including reports or 3 26 descriptions of any complaints or incidents concerning an 3 27 individual who is the subject of the board's investigation, 3 28 even though the information and documents are also kept for, 3 29 are the subject of, or are being used in peer review by the 3 30 hospital. However, the deliberations, testimony, decisions, 3 31 conclusions, findings, recommendations, evaluations, work 3 32 product,oropinions, or any other communications of a peer 3 33 review committee or its members and those portions of any 3 34 documents or records containing or revealing information 3 35 relating thereto shall not be subject to the board's request 4 1 for information, subpoena, or other legal compulsion. All 4 2 information and documents received by the board from a 4 3 hospital under this section shall be confidential pursuant to 4 4 section 272C.6, subsection 4. 4 5 Sec. 3. Section 147A.25, subsection 2, Code 1997, is 4 6 amended to read as follows: 4 7 2. Proceedings, records, and reports developed pursuant to 4 8 this section constitute peer reviewrecordscommunications 4 9 under section 147.135, and are not subject to discovery by 4 10 subpoena or admissible as evidence. All information and 4 11 documents received from a hospital or emergency care facility 4 12 under this subchapter shall be confidential pursuant to 4 13 section 272C.6, subsection 4. 4 14 EXPLANATION 4 15 This bill provides that all peer review communications 4 16 occurring within the course of a peer review proceeding shall 4 17 be considered privileged and confidential, and not subject to 4 18 discovery. Code section 147.135, subsection 2, currently 4 19 provides that peer review records, defined as all complaint 4 20 files, investigation files, reports, and other investigative 4 21 information relating to licensee discipline or professional 4 22 competence in the possession of a peer review committee or an 4 23 employee of a peer review committee, are privileged and 4 24 confidential, and not subject to discovery. The bill replaces 4 25 the phrase "peer review records" with "peer review 4 26 communications", which in addition to the information included 4 27 in the definition of a peer review record includes faxes, 4 28 computer-generated communications, and all nonwritten 4 29 communications in the form of in-person or telephone 4 30 conversations occurring in the course of the peer review 4 31 process. The bill also provides that, in addition to a person 4 32 present at a meeting of a peer review committee, an individual 4 33 who has been a participant in a peer review communication 4 34 shall not be permitted to testify as to the findings, 4 35 recommendations, evaluations, or opinions of the peer review 5 1 committee in any judicial or administrative proceeding other 5 2 than a proceeding involving licensee discipline or a 5 3 proceeding brought by a licensee who is the subject of a peer 5 4 review committee meeting and whose competence is at issue. 5 5 LSB 3814SS 77 5 6 rn/jw/5
Text: SF02198 Text: SF02200 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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