FINAL BILL REPORT

SB 5972

                                  C 269 L 87

BYSenators Bottiger and Newhouse

Limiting liability of persons involved in professional peer review bodies for health care professionals.

Senate Committee on Judiciary

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Physician peer review committees are panels which review the competence and professional conduct of doctors.  A physician who is disciplined by a peer review committee often brings a lawsuit against the board claiming the decision was an attempt to decrease competition and a violation of antitrust laws.

In 1986 Congress enacted a statute which provides antitrust immunity for decisions of physician peer review committees that attempt in good faith to discover and discipline incompetent physicians.  This statute does not take effect in Washington until October 14, 1989, unless state law provides otherwise.

SUMMARY:

Provisions of the federal law on physician peer review are applicable to the state of Washington.

Remedies are set forth for peer review decisions of health care professionals based on matters not related to competence or professional conduct.  The remedies are:  injunctive relief (reinstatement) and the recovery of lost earnings incurred between the date of the peer review decision and the date the action is reversed.  The prevailing party is allowed to recover reasonable attorneys' fees and costs.

Information obtained by a peer review committee is admissible into evidence in a civil action if it is a medical record required by regulation of DSHS.

Health care information is discoverable unless it is currently under review or has been evaluated by a peer review committee.

VOTES ON FINAL PASSAGE:

      Senate    49     0

      House 98   0 (House amended)

      Senate    36     0 (Senate concurred)

EFFECTIVE:July 26, 1987