AB 120 - An Act to Amend Sections 809, 809.2, and 809.3 Of, and to Add Sections 809.04, 809.07, and 809.08 To, the Business and Professions Code, Relating to Healing Arts.

Healing arts: peer review. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law provides for the professional review of specified healing arts licentiates through a peer review process conducted by peer review bodies, as defined.

This bill would encourage a peer review body to obtain external peer review, as defined, for the evaluation or investigation of an applicant, privilegeholder, or member of the medical staff in specified circumstances.More
Existing law provides for the professional review of specified healing arts licentiates through a peer review process conducted by peer review bodies, as defined.

This bill would encourage a peer review body to obtain external peer review, as defined, for the evaluation or investigation of an applicant, privilegeholder, or member of the medical staff in specified circumstances.

This bill would require a peer review body to respond to the request of another peer review body and produce the records reasonably requested concerning a licentiate under review, as specified. The bill would specify that the records produced pursuant to this provision are not subject to discovery, as specified, and may only be used for peer review purposes.

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, except as specified. The bill would specify that a peer review body is entitled to review and make timely recommendations to the governing body of a health care facility, and its designee, if applicable, regarding quality considerations relating to clinical services when the selection, performance evaluation, or any change in the retention or replacement of licensees with whom the facility has a contract occurs. The bill would require the governing body to give great weight to those recommendations.

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. Under existing law, the hearing must be held before either an arbitrator selected by a process mutually acceptable to the licensee and the peer review body or a panel of unbiased individuals, as specified. Existing law prohibits a hearing officer presiding at a hearing held before a panel from, among other things, gaining direct financial benefit from the outcome.

This bill would additionally require the hearing officer to be an attorney licensed in California, except as specified, and to disclose all actual and potential conflicts of interest, as specified. The bill would specify that the hearing officer is entitled to determine the procedure for presenting evidence and argument and would give the hearing officer authority to make all rulings pertaining to law, procedure, or the admissibility of evidence. The bill would authorize the hearing officer to recommend termination of the hearing in certain circumstances.

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 but would prohibit a peer review body from being represented if the licensee notifies the peer review body within a specified period of time that he or she has elected to not be represented, except as specified.

The bill would also provide that it shall become operative only if SB 820 is also enacted and becomes operative. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Assembly Committee on Business, Professions and Consumer Protection Vote: Do pass as amended.

PASSED on May 12, 2009.

voted YES: 11 voted NO: 0
0 voted present/not voting

An Act to Amend Sections 809, 809.2, and 809.3 Of, and to Add Sections 809.04, 809.07, and 809.08 To, the Business and Professions Code, Relating to Healing Arts.

AB 120 — 2009-2010 Legislature

Summary
Existing law provides for the professional review of specified healing arts licentiates through a peer review process conducted by peer review bodies, as defined.

This bill would encourage a peer review body to obtain external peer review, as defined, for the evaluation or investigation of an applicant, privilegeholder, or member of the medical staff in specified circumstances.

This bill would require a peer review body to respond to the request of another peer review body and produce the records reasonably requested concerning a licentiate under review, as specified. The bill would specify that the records produced pursuant to this provision are not subject to discovery, as specified, and may only be used for peer review purposes.

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… More
Existing law provides for the professional review of specified healing arts licentiates through a peer review process conducted by peer review bodies, as defined.

This bill would encourage a peer review body to obtain external peer review, as defined, for the evaluation or investigation of an applicant, privilegeholder, or member of the medical staff in specified circumstances.

This bill would require a peer review body to respond to the request of another peer review body and produce the records reasonably requested concerning a licentiate under review, as specified. The bill would specify that the records produced pursuant to this provision are not subject to discovery, as specified, and may only be used for peer review purposes.

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, except as specified. The bill would specify that a peer review body is entitled to review and make timely recommendations to the governing body of a health care facility, and its designee, if applicable, regarding quality considerations relating to clinical services when the selection, performance evaluation, or any change in the retention or replacement of licensees with whom the facility has a contract occurs. The bill would require the governing body to give great weight to those recommendations.

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. Under existing law, the hearing must be held before either an arbitrator selected by a process mutually acceptable to the licensee and the peer review body or a panel of unbiased individuals, as specified. Existing law prohibits a hearing officer presiding at a hearing held before a panel from, among other things, gaining direct financial benefit from the outcome.

This bill would additionally require the hearing officer to be an attorney licensed in California, except as specified, and to disclose all actual and potential conflicts of interest, as specified. The bill would specify that the hearing officer is entitled to determine the procedure for presenting evidence and argument and would give the hearing officer authority to make all rulings pertaining to law, procedure, or the admissibility of evidence. The bill would authorize the hearing officer to recommend termination of the hearing in certain circumstances.

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 but would prohibit a peer review body from being represented if the licensee notifies the peer review body within a specified period of time that he or she has elected to not be represented, except as specified.

The bill would also provide that it shall become operative only if SB 820 is also enacted and becomes operative. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Sections 809, 809.2, and 809.3 Of, and to Add Sections 809.04, 809.07, and 809.08 To, the Business and Professions Code, Relating to Healing Arts.
Author(s)
Mary Hayashi
Co-Authors
Subjects
  • Healing arts: peer review
Major Actions
Introduced1/15/2009
Referred to Committee
Passed Assembly Committee on Business, Professions and Consumer Protection5/12/2009
Passed Assembly6/03/2009
Passed Senate Committee on Business, Professions and Economic Development7/06/2009
Passed Senate8/17/2009
Passed Assembly9/11/2009
Presented to the governor (enrolled)9/28/2009
Vetoed by Governor10/11/2009
Vetoed by Governor10/11/2009
Bill History
Chamber/CommitteeMotionDateResult
currently selectedAssembly Committee on Business, Professions and Consumer ProtectionDo pass as amended.5/12/2009This motion PASSED the Assembly Committee on Business, Professions and Consumer Protection
11 voted YES 0 voted NO 0 voted present/not voting
select this voteAssemblyAB 120 HAYASHI Assembly Third Reading6/03/2009This bill PASSED the Assembly
78 voted YES 0 voted NO 2 voted present/not voting
select this voteSenate Committee on Business, Professions and Economic DevelopmentDo pass as amended, and re-refer to the Committee on Rules.7/06/2009This motion PASSED the Senate Committee on Business, Professions and Economic Development
9 voted YES 0 voted NO 1 voted present/not voting
select this voteSenateSpecial Consent #14 AB120 Hayashi By Aanestad8/17/2009This bill PASSED the Senate
35 voted YES 0 voted NO 5 voted present/not voting
select this voteAssemblyAB 120 HAYASHI Concurrence in Senate Amendments9/11/2009This bill PASSED the Assembly
78 voted YES 0 voted NO 1 voted present/not voting
ActionDateDescription
Introduced1/15/2009
1/15/2009Read first time. To print.
1/16/2009From printer. May be heard in committee February 15.
3/26/2009Referred to Coms. on B. & P. and JUD. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
3/27/2009Re-referred to Com. on B. & P.
4/13/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. Re-referred to Com. on B. & P.
4/14/2009In committee: Hearing postponed by committee.
5/07/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
5/11/2009Re-referred to Com. on B. & P.
currently selectedVote5/12/2009Do pass as amended.
5/14/2009From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 12).
5/18/2009Read second time and amended. Ordered returned to second reading.
5/19/2009Read second time. To third reading.
6/01/2009Read third time, amended, and returned to third reading. (Page 1819.).
6/03/2009Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 2018.)
select this voteAssembly Vote on Passage6/03/2009AB 120 HAYASHI Assembly Third Reading
6/04/2009In Senate. Read first time. To Com. on RLS. for assignment.
6/18/2009Referred to Coms. on B., P. & E.D. and RLS.
6/22/2009From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.
6/29/2009In committee: Testimony taken. Hearing postponed by committee. In committee: Further hearing to be set.
select this voteVote7/06/2009Do pass as amended, and re-refer to the Committee on Rules.
7/07/2009From committee: Amend, do pass as amended, and re-refer to Com. on RLS. (Ayes 9. Noes 0.) (July 6).
7/08/2009Read second time, amended, and re-referred to Com. on RLS.
7/13/2009Withdrawn from committee. Ordered placed on second reading file.
7/14/2009Read second time. To third reading.
7/15/2009Ordered to Special Consent Calendar.
8/17/2009Read third time, passed, and to Assembly. (Ayes 35. Noes 0. Page 1842.)
8/17/2009In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 19 pursuant to Assembly Rule 77.
select this voteSenate Vote on Passage8/17/2009Special Consent #14 AB120 Hayashi By Aanestad
8/20/2009To inactive file on motion of Assembly Member Hayashi.
9/09/2009From inactive file. To unfinished business file.
9/11/2009Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 3357.)
select this voteAssembly Vote on Passage9/11/2009AB 120 HAYASHI Concurrence in Senate Amendments
9/28/2009Enrolled and to the Governor at 11:30 a.m.
Vetoed10/11/2009Vetoed by Governor.
10/26/2009Consideration of Governor's veto pending.
1/14/2010Consideration of Governor's veto stricken from file.

Total contributions given to Assemblymembers from interest groups that…

supported this motion

165% more
$121,918
$121,918
$31,134
$14,800
$45,934

opposed this motion

1 Organization Supported and 2 Opposed; See Which Ones

Organizations that took a position on
An Act to Amend Sections 809, 809.2, and 809.3 Of, and to Add Sections 809.04, 809.07, and 809.08 To, the Business and Professions Code, Relating to Healing Arts.: Do pass as amended.

1 organization supported this motion

California Medical Association
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS (2009, May 12). AB 120 5.12.2009. Retrieved October 15, 2010, from Leg Info.

2 organizations opposed this motion

California Hospital Association
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS (2009, May 12). AB 120 5.12.2009. Retrieved October 15, 2010, from Leg Info.
Catholic Healthcare West
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS (2009, May 12). AB 120 5.12.2009. Retrieved October 15, 2010, from Leg Info.

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View citations of support and opposition

Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Connie ConwayRCA-34$23,900$6,500Yes
Bill EmmersonRCA-63$0$4,050Yes
Mike EngDCA-49$20,360$4,030Yes
Mary HayashiDCA-18$24,208$7,200Yes
Ed HernandezDCA-57$5,000$7,500Yes
Pedro NavaDCA-35$14,200$1,500Yes
Roger NielloRCA-5$2,500$1,500Yes
John PerezDCA-46$19,050$12,154Yes
Curren PriceDCA-51$1,300$0Yes
Ira RuskinDCA-21$0$0Yes
Cameron SmythRCA-38$11,400$1,500Yes

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Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Connie ConwayRCA-34$23,900$6,500Yes
Bill EmmersonRCA-63$0$4,050Yes
Mike EngDCA-49$20,360$4,030Yes
Mary HayashiDCA-18$24,208$7,200Yes
Ed HernandezDCA-57$5,000$7,500Yes
Pedro NavaDCA-35$14,200$1,500Yes
Roger NielloRCA-5$2,500$1,500Yes
John PerezDCA-46$19,050$12,154Yes
Curren PriceDCA-51$1,300$0Yes
Ira RuskinDCA-21$0$0Yes
Cameron SmythRCA-38$11,400$1,500Yes

Interest Groups that supported this motion

$ Donated
Physicians$121,918

Interest Groups that opposed this motion

$ Donated
Hospitals$31,134
Health care institutions$14,800
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