S-718                 _______________________________________________

                                                   SENATE BILL NO. 3271

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Granlund, Deccio and Conner

Read first time 1/23/85 and referred to Committee on Human Services and Corrections.

AN ACT Relating to public hospital districts; and adding a new section to chapter 70.44 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 70.44 RCW to read as follows:

          (1) All meetings, proceedings, and deliberations of the board of commissioners, its staff or agents, concerning the granting, denial, revocation, restriction, or other consideration of the status of the clinical or staff privileges of a physician or other health care provider as that term is defined in RCW 7.70.020, if such other providers at the discretion of the district's commissioners are considered for such privileges, shall be confidential and privileged, and may be conducted in executive session.  No person present at such a meeting or proceeding or participating in or observing such a deliberation may testify or be deposed concerning what transpired.  All information generated by the district's commissioners, staff, or agents incident to such a meeting, proceeding, or deliberation, and recorded in any form whatsoever, and all information prepared for their review, including without limitation the written records and reports of regularly constituted peer review and quality assurance committees as defined in RCW 4.24.250, shall be immune from discovery and inadmissible as evidence in any civil action:  PROVIDED, That this subsection does not apply in any civil action by a health care provider arising out of a decision by the district's commissioners concerning that provider's clinical or staff privileges at an institution operated by the district.

          (2) Except as provided in this section, no information or evidence otherwise subject to civil discovery shall become immune from discovery and use in a civil action merely because it was presented to or considered by the district's commissioners, staff, or agents.  No witness otherwise subject to civil discovery shall become immune from subpoena or deposition merely because that person testified at or observed a meeting, proceeding, or deliberation as defined in subsection (1) of this section, but that witness shall not be questioned concerning any such meeting, proceeding, or deliberation of the commissioners, their staff or agents, or concerning any opinions formed as a result of observing such a meeting, proceeding, or deliberation.  If any provision of this section conflicts with the provisions of any other statute, the provisions of this section shall control.