H-1519              _______________________________________________

                                                    HOUSE BILL NO. 857

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives P. King and Appelwick

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to health care providers; and amending RCW 4.24.250.

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

        Sec. 1.  Section 1, chapter 144, Laws of 1971 ex. sess. as last amended by section 1, chapter 181, Laws of 1981 and RCW 4.24.250 are each amended tor read as follows:

          Any health care provider as defined in RCW 7.70.020 (1) and (2) as now existing or hereafter amended who, in good faith, files charges or presents evidence against ((another member of their profession)) another health care provider based on the claimed incompetency or gross misconduct of such person before a regularly constituted review committee or board of a professional society or hospital whose duty it is to evaluate the competency and qualifications of members of the profession, including limiting the extent of practice of such person in a hospital or similar institution, or before a regularly constituted committee or board of a hospital whose duty it is to review and evaluate the quality of patient care, shall be immune from civil action for damages arising out of such activities.  ((The proceedings, reports, and written records of such committees or boards, or of a member, employee, staff person, or investigator of such a committee or board, shall not be subject to subpoena or discovery proceedings in any civil action, except actions arising out of the recommendations of such committees or boards involving the restriction or revocation of the clinical or staff privileges of a health care provider as defined above.))

If a health care provider has filed charges or presented evidence before such a committee or board against another health care provider, the provider shall not be examined in any civil action except actions arising out of the recommendations of such committee or board, without the provider's consent as to any opinion expressed in the course of such board or committee meeting.

A member, employee, or agent of such committee or board shall not be examined in any civil action except actions arising out of the recommendations of such committees or boards, without the provider's consent, as to any opinion expressed in the course of such board or committee meeting by a health care provider.

The minutes, reports, and written records of such a committee or board or of its member, employee, or agent shall be subject to discovery in any civil action.