SENATE BILL REPORT

ESB 5972

BYSenators Bottiger and Newhouse

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

Senate Committee on Judiciary

Senate Hearing Date(s):March 4, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Newhouse.

Senate Staff:Dick Armstrong (786-7460)

                  April 10, 1987

AS PASSED SENATE, MARCH 20, 1987

BACKGROUND:

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

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

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 that are 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.

A statute of limitation is established of one year from the date of the action of the peer review panel.

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

Fiscal Note:      none requested

Senate Committee - Testified: Dr. Brian Goodell, Swedish Hospital; Dr. Bob Rozendahl, Harrison Hospital; Cliff Webster, Washington State Medical Association; Karen Lindsey, Washington State Hospital Association

HOUSE AMENDMENT:

The House amendment clarifies existing law regarding matters that are discoverable.  Health care information is discoverable unless it is currently under review or has been evaluated by a quality assurance committee.  Present law limits the inadmissible information to matters "subject to evaluation," which is interpreted to be broader in scope.