Bill Text: CA AB1730 | 2009-2010 | Regular Session | Chaptered
Bill Title: Personal rights: monetary liability.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-07-15 - Chaptered by Secretary of State - Chapter 82, Statutes of 2010. [AB1730 Detail]
Download: California-2009-AB1730-Chaptered.html
BILL NUMBER: AB 1730 CHAPTERED
BILL TEXT
CHAPTER 82
FILED WITH SECRETARY OF STATE JULY 15, 2010
APPROVED BY GOVERNOR JULY 15, 2010
PASSED THE SENATE JUNE 28, 2010
PASSED THE ASSEMBLY APRIL 5, 2010
AMENDED IN ASSEMBLY MARCH 17, 2010
INTRODUCED BY Assembly Member Emmerson
FEBRUARY 4, 2010
An act to amend Section 43.7 of the Civil Code, relating to
personal rights.
LEGISLATIVE COUNSEL'S DIGEST
AB 1730, Emmerson. Personal rights: monetary liability.
Existing law provides that there shall be no monetary liability on
the part of, and no cause of action for damages shall arise against,
specified health related professional societies and members of a
duly appointed committee of a medical specialty society, or any
member of a duly appointed committee of a state or local health
related professional society, or duly appointed member of a committee
of a professional staff of a licensed hospital for act performed
within the scope of the functions of peer review, as provided.
This bill would apply these provisions to psychotherapy services
and marriage and family therapists.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 43.7 of the Civil Code is amended to read:
43.7. (a) There shall be no monetary liability on the part of,
and no cause of action for damages shall arise against, any member of
a duly appointed mental health professional quality assurance
committee that is established in compliance with Section 4070 of the
Welfare and Institutions Code, for any act or proceeding undertaken
or performed within the scope of the functions of the committee which
is formed to review and evaluate the adequacy, appropriateness, or
effectiveness of the care and treatment planned for, or provided to,
mental health patients in order to improve quality of care by mental
health professionals if the committee member acts without malice, has
made a reasonable effort to obtain the facts of the matter as to
which he or she acts, and acts in reasonable belief that the action
taken by him or her is warranted by the facts known to him or her
after the reasonable effort to obtain facts.
(b) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any professional
society, any member of a duly appointed committee of a medical
specialty society, or any member of a duly appointed committee of a
state or local professional society, or duly appointed member of a
committee of a professional staff of a licensed hospital (provided
the professional staff operates pursuant to written bylaws that have
been approved by the governing board of the hospital), for any act or
proceeding undertaken or performed within the scope of the functions
of the committee which is formed to maintain the professional
standards of the society established by its bylaws, or any member of
any peer review committee whose purpose is to review the quality of
medical, dental, dietetic, chiropractic, optometric, acupuncture,
psychotherapy, or veterinary services rendered by physicians and
surgeons, dentists, dental hygienists, podiatrists, registered
dietitians, chiropractors, optometrists, acupuncturists,
veterinarians, marriage and family therapists, or psychologists which
committee is composed chiefly of physicians and surgeons, dentists,
dental hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, marriage and family
therapists, or psychologists for any act or proceeding undertaken or
performed in reviewing the quality of medical, dental, dietetic,
chiropractic, optometric, acupuncture, psychotherapy, or veterinary
services rendered by physicians and surgeons, dentists, dental
hygienists, podiatrists, registered dietitians, chiropractors,
optometrists, acupuncturists, veterinarians, marriage and family
therapists, or psychologists or any member of the governing board of
a hospital in reviewing the quality of medical services rendered by
members of the staff if the professional society, committee, or board
member acts without malice, has made a reasonable effort to obtain
the facts of the matter as to which he, she, or it acts, and acts in
reasonable belief that the action taken by him, her, or it is
warranted by the facts known to him, her, or it after the reasonable
effort to obtain facts. "Professional society" includes legal,
medical, psychological, dental, dental hygiene, dietetic, accounting,
optometric, acupuncture, podiatric, pharmaceutic, chiropractic,
physical therapist, veterinary, licensed marriage and family therapy,
licensed clinical social work, and engineering organizations having
as members at least 25 percent of the eligible persons or licentiates
in the geographic area served by the particular society. However, if
the society has fewer than 100 members, it shall have as members at
least a majority of the eligible persons or licentiates in the
geographic area served by the particular society.
"Medical specialty society" means an organization having as
members at least 25 percent of the eligible physicians within a given
professionally recognized medical specialty in the geographic area
served by the particular society.
(c) This section does not affect the official immunity of an
officer or employee of a public corporation.
(d) There shall be no monetary liability on the part of, and no
cause of action for damages shall arise against, any physician and
surgeon, podiatrist, or chiropractor who is a member of an
underwriting committee of an interindemnity or reciprocal or
interinsurance exchange or mutual company for any act or proceeding
undertaken or performed in evaluating physicians and surgeons,
podiatrists, or chiropractors for the writing of professional
liability insurance, or any act or proceeding undertaken or performed
in evaluating physicians and surgeons for the writing of an
interindemnity, reciprocal, or interinsurance contract as specified
in Section 1280.7 of the Insurance Code, if the evaluating physician
or surgeon, podiatrist, or chiropractor acts without malice, has made
a reasonable effort to obtain the facts of the matter as to which he
or she acts, and acts in reasonable belief that the action taken by
him or her is warranted by the facts known to him or her after the
reasonable effort to obtain the facts.
(e) This section shall not be construed to confer immunity from
liability on any quality assurance committee established in
compliance with Section 4070 of the Welfare and Institutions Code or
hospital. In any case in which, but for the enactment of the
preceding provisions of this section, a cause of action would arise
against a quality assurance committee established in compliance with
Section 4070 of the Welfare and Institutions Code or hospital, the
cause of action shall exist as if the preceding provisions of this
section had not been enacted.
