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California Business And Professions Code BPC Section 805.2Legal Research Home > California Lawyer > Business and Professions Code > California Business And Professions Code BPC Section 805.2
(a) It is the intent of the Legislature to provide for a
comprehensive study of the peer review process as it is conducted by
peer review bodies defined in paragraph (1) of subdivision (a) of
Section 805, in order to evaluate the continuing validity of Section
805 and Sections 809 to 809.8, inclusive, and their relevance to the
conduct of peer review in California.
(b) The Medical Board of California shall contract with an
independent entity to conduct this study that is fair, objective, and
free from bias that is directly familiar with the peer review
process and does not advocate regularly before the board on peer
review matters or on physician and surgeon disciplinary matters.
(c) The study by the independent entity shall include, but not be
limited to, the following components:
(1) A comprehensive description of the various steps of and
decisionmakers in the peer review process as it is conducted by peer
review bodies throughout the state, including the role of other
related committees of acute care health facilities and clinics
involved in the peer review process.
(2) A survey of peer review cases to determine the incidence of
peer review by peer review bodies, and whether they are complying
with the reporting requirement in Section 805.
(3) A description and evaluation of the roles and performance of
various state agencies, including the State Department of Health
Services and occupational licensing agencies that regulate healing
arts professionals, in receiving, reviewing, investigating, and
disclosing peer review actions, and in sanctioning peer review bodies
for failure to comply with Section 805.
(4) An assessment of the cost of peer review to licentiates and
the facilities which employ them.
(5) An assessment of the time consumed by the average peer review
proceeding, including the hearing provided pursuant to Section 809.2,
and a description of any difficulties encountered by either
licentiates or facilities in assembling peer review bodies or panels
to participate in peer review decisionmaking.
(6) An assessment of the need to amend Section 805 and Sections
809 to 809.8, inclusive, to ensure that they continue to be relevant
to the actual conduct of peer review as described in paragraph (1),
and to evaluate whether the current reporting requirement is yielding
timely and accurate information to aid licensing boards in their
responsibility to regulate and discipline healing arts practitioners
when necessary, and to assure that peer review bodies function in the
best interest of patient care.
(7) Recommendations of additional mechanisms to stimulate the
appropriate reporting of peer review actions under Section 805.
(8) Recommendations regarding the Section 809 hearing process to
improve its overall effectiveness and efficiency.
(9) An assessment of the role of medical professionals, using
professionals who are experts and are actively practicing medicine in
this state, to review and investigate for the protection of
consumers, allegations of substandard practice or professional
misconduct.
(10) An assessment of the process to identify and retain a medical
professional with sufficient expertise to review allegations of
substandard practice or professional misconduct by a physician and
surgeon, if the peer review process is discontinued.
(d) The independent entity shall exercise no authority over the
peer review processes of peer review bodies. However, peer review
bodies, health care facilities, health care clinics, and health care
service plans shall cooperate with the independent entity in
providing raw data, information, and case files as requested in a
mutually agreeable timeframe.
(e) The case files and other information obtained by the
independent entity shall be confidential. The independent entity
shall not release the case files or other information it obtains to
any individual, agency, or entity, including the board, except as
aggregate data, examples, or in the final report submitted to the
board and the Legislature, but in no case shall information released
under these exemptions be identifiable in any way or associated with,
or related to, a specific facility, individual, or peer review body.
(f) Notwithstanding any other provision of law, information
obtained by the independent entity from a peer review body or from
any other person or entity and information otherwise generated by the
independent entity, including, but not limited to, raw data, patient
information, case files or records, interviews and records of
interviews, proceedings of a peer review body, and analyses or
conclusions of the independent entity, shall not be subject to
discovery or to a subpoena or a subpoena duces tecum and shall not be
admissible as evidence in any court of law in this state. The
information described in this subdivision shall be subject to all
other confidentiality protections and privileges otherwise provided
by law. The independent entity and its employees and contractors
shall assert all of the protections for the information described in
this subdivision that may apply in order to protect the information
from disclosure. However, nothing in this section shall affect
provisions of law relating to otherwise admissible material
obtainable from sources other than the independent entity.
(g) The independent entity shall report to the peer review body
any information it obtains from the peer review body that the
independent entity determines should have been reported pursuant to
Section 805. The independent entity shall include with the report a
clear explanation of the reasons it determined that the information
warrants a report under Section 805. If the peer review body agrees
with the independent entity's determination, the peer review body
shall report the information pursuant to Section 805 without being
subject to penalties under subdivision (k) or (l) of Section 805, if
the peer review body makes the report to the board within 30 days of
the date the independent entity reported its determination to the
peer review body, unless additional time is required to afford due
process or fair hearing rights to the subject of the report as
required by Section 805 and Sections 809.1 and following.
(h) The independent entity shall work in cooperation with and
under the general oversight of the Executive Director of the Medical
Board of California and shall submit a written report with its
findings and recommendations to the board and the Legislature no
later than July 31, 2008.
(i) Completion of the peer review study pursuant to this section
shall be among the highest priorities of the Medical Board of
California, and the board shall ensure that it is completed no later
than July 31, 2008.
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Last modified: April 11, 2008 |