Bill Text: CA SB1094 | 2009-2010 | Regular Session | Introduced

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Bill Title: Healing arts: peer review.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-25 - To Coms. on B., P. & E.D. and JUD. [SB1094 Detail]

Download: California-2009-SB1094-Introduced.html

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BILL NUMBER: SB 1094	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Aanestad

                        FEBRUARY 17, 2010

   An act to amend Section 809.3 of, and to add Section 809.04 to,
the Business and Professions Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1094, as introduced, Aanestad. 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. Existing law requires the governing
body of acute care hospitals to give great weight to the actions of
peer review bodies and authorizes the governing body to direct the
peer review body to investigate in specified instances. Where the
peer review body fails to take action in response to that direction,
existing law authorizes the governing body to take action against a
licentiate.
   This bill would prohibit a member of a medical or professional
staff from being required to alter or surrender staff privileges,
status, or membership solely due to the termination of a contract
between that member and a health care facility.
   Existing law provides various due process rights for licentiates
who are the subject of a final proposed disciplinary action of a peer
review body, including authorizing a licensee to request a hearing
concerning that action. Existing law gives parties at the hearing
certain rights, including the right to present and rebut evidence.
Existing law requires the peer review body to adopt written
provisions governing whether a licensee may be represented by an
attorney and prohibits a peer review body from being represented by
an attorney where a licensee is not so represented, except as
specified.
   This bill would give both parties the right to be represented by
an attorney, regardless of whether one of the parties declines that
representation.
   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 809.04 is added to the Business and Professions
Code, to read:
   809.04.  (a) To ensure that the peer review process is not
circumvented, a member of a medical or professional staff, by
contract or otherwise, shall not be required to alter or surrender
staff privileges, status, or membership solely due to the termination
of a contract between that member and a health care facility.
   (b) This section shall not impair a governing body's ability to
take action against a licentiate pursuant to Section 809.05.
  SEC. 2.  Section 809.3 of the Business and Professions Code is
amended to read:
   809.3.  (a) During a hearing concerning a final proposed action
for which reporting is required to be filed under Section 805, both
parties shall have all of the following rights:
   (1) To be provided with all of the information made available to
the trier of fact.
   (2) To have a record made of the proceedings, copies of which may
be obtained by the licentiate upon payment of any reasonable charges
associated with the preparation thereof.
   (3) To call, examine, and cross-examine witnesses.
   (4) To present and rebut evidence determined by the arbitrator or
presiding officer to be relevant.
   (5) To submit a written statement at the close of the hearing.

   (6) To be represented by an attorney of the party's choice at the
party's expense regardless of whether the other party declines that
representation. 
   (b) The burden of presenting evidence and proof during the hearing
shall be as follows:
   (1) The peer review body shall have the initial duty to present
evidence  which   that  supports the charge
or recommended action.
   (2) Initial applicants shall bear the burden of persuading the
trier of fact by a preponderance of the evidence of their
qualifications by producing information  which  
that  allows for adequate evaluation and resolution of
reasonable doubts concerning their current qualifications for staff
privileges, membership, or employment. Initial applicants shall not
be permitted to introduce information not produced upon request of
the peer review body during the application process, unless the
initial applicant establishes that the information could not have
been produced previously in the exercise of reasonable diligence.
   (3) Except as provided above for initial applicants, the peer
review body shall bear the burden of persuading the trier of fact by
a preponderance of the evidence that the action or recommendation is
reasonable and warranted. 
   (c) The peer review body shall adopt written provisions governing
whether a licentiate shall have the option of being represented by an
attorney at the licentiate's expense. No peer review body shall be
represented by an attorney if the licentiate is not so represented,
except dental professional society peer review bodies may be
represented by an attorney provided that the peer review body grants
each licentiate the option of being represented by an attorney at the
licentiate's expense, even if the licentiate declines to be
represented by an attorney.