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S1320.................................................by HEALTH AND WELFARE EMERGENCY MEDICAL SERVICES PERSONNEL - Amends existing law to revise definitions; to define "emergency medical services personnel" and "licensed emergency medical service"; to provide that no disciplinary order of a certification for emergency medical services personnel shall be admissible in a civil proceeding seeking damages or other civil relief; to revise exceptions to privilege and confidentiality to include references to emergency medical services personnel; to provide for the submission of certain reports on emergency medical services personnel to the Department of Health and Welfare; to provide that the Department of Health and Welfare shall approve forms for reports concerning emergency medical services personnel; to require the reporting of professional review action sanctions against emergency medical services personnel to the Department of Health and Welfare; and to require that the report include certain statements. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Health/Wel 02/27 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton(Duncan), Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, Noble(Anderson), Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- McWilliams Floor Sponsors - Compton(Duncan) & Brandt Title apvd - to House 03/03 House intro - 1st rdg - to Health/Wel 03/05 Rpt out - rec d/p - to 2nd rdg 03/08 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 70-0-0 AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- None Floor Sponsor - Martinez Title apvd - to Senate 03/10 To enrol 03/11 Rpt enrol - Pres signed 03/12 Sp signed 03/15 To Governor 03/19 Governor signed Session Law Chapter 134 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1320 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO EMERGENCY MEDICAL SERVICES PERSONNEL; AMENDING SECTION 39-1392a, 3 IDAHO CODE, TO REVISE DEFINITIONS AND TO DEFINE "EMERGENCY MEDICAL SER- 4 VICES PERSONNEL" AND "LICENSED EMERGENCY MEDICAL SERVICE"; AMENDING SEC- 5 TION 39-1392b, IDAHO CODE, TO PROVIDE THAT NO DISCIPLINARY ORDER OF A CER- 6 TIFICATION FOR EMERGENCY MEDICAL SERVICES PERSONNEL SHALL BE ADMISSIBLE IN 7 A CIVIL PROCEEDING SEEKING DAMAGES OR OTHER CIVIL RELIEF AGAINST THE EMER- 8 GENCY MEDICAL SERVICES PERSONNEL; AMENDING SECTION 39-1392e, IDAHO CODE, 9 TO REVISE EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY TO INCLUDE REFER- 10 ENCES TO EMERGENCY MEDICAL SERVICES PERSONNEL AND TO MAKE A GRAMMATICAL 11 CORRECTION; AND AMENDING SECTION 39-1393, IDAHO CODE, TO REVISE DESCRIP- 12 TIVE LANGUAGE TO PROVIDE A REFERENCE TO EMERGENCY MEDICAL SERVICES PERSON- 13 NEL, TO PROVIDE FOR THE SUBMISSION OF CERTAIN REPORTS ON EMERGENCY MEDICAL 14 SERVICES PERSONNEL TO THE DEPARTMENT OF HEALTH AND WELFARE, TO PROVIDE 15 CLARIFYING LANGUAGE, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND WELFARE 16 SHALL APPROVE FORMS FOR REPORTS CONCERNING EMERGENCY MEDICAL SERVICES PER- 17 SONNEL, TO REQUIRE THE REPORTING OF PROFESSIONAL REVIEW ACTION SANCTIONS 18 AGAINST EMERGENCY MEDICAL SERVICES PERSONNEL TO THE DEPARTMENT OF HEALTH 19 AND WELFARE AND TO REQUIRE THAT THE REPORT INCLUDE CERTAIN STATEMENTS. 20 Be It Enacted by the Legislature of the State of Idaho: 21 SECTION 1. That Section 39-1392a, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 39-1392a. DEFINITIONS. The following terms shall have the following mean- 24 ings when used in this section: 25 (1) "Emergency medical services personnel" means emergency medical ser- 26 vices providers certified by the department of health and welfare pursuant to 27 section 56-1011 et seq., Idaho Code, and ambulance-based clinicians as defined 28 in the rules governing emergency medical services as promulgated by the 29 department of health and welfare. 30 (2) "Group medical practice" means a partnership, corporation, limited 31 liability company, or other association formed for the purpose of offering 32 health care services through physicians and other licensed or otherwise autho- 33 rized health care providers who are partners, shareholders, members, employ- 34 ees, or contractors of such group medical practice. 35 (23) "Health care organization" means a hospital, in-hospital medical 36 staff committee, medical society, managed care organization, licensed emer- 37 gency medical service or group medical practice. 38 (34) "Hospital" means a facility in Idaho licensed under sections 39-1301 39 through 39-1314, Idaho Code, and defined in section 39-1301(a)(1), Idaho Code. 40 (45) "In-hospital medical staff committees" means any individual doctor 41 who is a hospital staff member, or any hospital employee, or any group of such 42 doctors and/or hospital employees, who are duly designated a committee by hos- 43 pital staff bylaws, by action of an organized hospital staff, or by action of 2 1 the board of directors of a hospital, and which committee is authorized by 2 said bylaws, staff or board of directors, to conduct research or study of hos- 3 pital patient cases, or of medical questions or problems using data and infor- 4 mation from hospital patient cases. 5 (6) "Licensed emergency medical service" means an ambulance service or a 6 non-transport service licensed by the department of health and welfare pursu- 7 ant to section 56-1011 et seq., Idaho Code. 8 (57) "Managed care organization" means a public or private person or 9 organization which offers a managed care plan. 10 (68) "Managed care plan" means a contract of coverage given to an indi- 11 vidual, family or group of covered individuals pursuant to which a member is 12 entitled to receive a defined set of health care benefits through an organized 13 system of health care providers in exchange for defined consideration and 14 which requires the member to use, or creates financial incentives for the mem- 15 ber to use, health care providers owned, managed, employed by or under con- 16 tract with the managed care organization. 17 (79) "Medical society" means any duly constituted, authorized and recog- 18 nized professional society or entity made up of physicians licensed to prac- 19 tice medicine in Idaho, having as its purpose the maintenance of high quality 20 in the standards of health care provided in Idaho or any region or segment of 21 the state, operating with the approval of the Idaho state board of medicine, 22 or any official committee appointed by the Idaho state board of medicine. 23 (810) "Patient care records" means written or otherwise recorded, pre- 24 served and maintained records of the medical or surgical diagnostic, clinical, 25 or therapeutic care of any patient treated by or under the direction of 26 licensed professional personnel, including emergency medical services person- 27 nel, in every health care organization subject to this act, whether as an in- 28 patient or out-patient of the health care organization. 29 (911) "Peer review" means the collection, interpretation and analysis of 30 data by a health care organization for the purpose of bettering the system of 31 delivery of health care or to improve the provision of health care or to 32 otherwise reduce patient morbidity and mortality and improve the quality of 33 patient care. Peer review activities by a health care organization include, 34 without limitation: 35 (a) Credentialing, privileging or affiliating of health care providers as 36 members of, or providers for, a health care organization; 37 (b) Quality assurance and improvement, patient safety investigations and 38 analysis, patient adverse outcome reviews, and root-cause analysis and 39 investigation activities by a health care organization; and 40 (c) Professional review action, meaning an action or recommendation of a 41 health care organization which is taken or made in the conduct of peer 42 review, that is based on the competence or professional conduct of an 43 individual physician or emergency medical services personnel where such 44 conduct adversely affects or could adversely affect the health or welfare 45 of a patient or the physician's privileges, employment or membership in 46 the health care organization or in the case of emergency medical services 47 personnel, the emergency medical services personnel's scope of practice, 48 employment or membership in the health care organization. 49 (102) "Peer review records" means all evidence of interviews, reports, 50 statements, minutes, memoranda, notes, investigative graphs and compilations 51 and the contents thereof, and all physical materials relating to peer review 52 of any health care organization. "Peer review records" does not mean or 53 include patient care records; provided however, that the records relating to 54 the identification of which particular patient care records were selected for, 55 or reviewed, examined or discussed in peer review by a health care organiza- 3 1 tion and the methodology used for selecting such records shall be considered 2 peer review records. 3 SECTION 2. That Section 39-1392b, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 39-1392b. RECORDS CONFIDENTIAL AND PRIVILEGED. Except as provided in sec- 6 tion 39-1392e, Idaho Code, all peer review records shall be confidential and 7 privileged, and shall not be directly or indirectly subject to subpoena or 8 discovery proceedings or be admitted as evidence, nor shall testimony relating 9 thereto be admitted in evidence, or in any action of any kind in any court or 10 before any administrative body, agency or person for any purpose whatsoever. 11 No order of censure, suspension or revocation of licensure, or of a certifica- 12 tion in the case of emergency medical services personnel, or health care orga- 13 nization privilege of any physician licensed to practice medicine in Idaho 14 shall be admissible in any civil proceeding seeking damages or other civil 15 relief against the physician, emergency medical services personnel, or health 16 care organization which may be a defendant in said cause. However, this sec- 17 tion shall not prohibit or otherwise affect the use of documents, materials or 18 testimony in health care organization proceedings, nor shall it prohibit or 19 otherwise affect the dissemination, for medical purposes, of information con- 20 tained in such documents or materials or the conclusions and findings of such 21 health care organization. This section shall not affect the admissibility in 22 evidence in any action or proceeding of the patient care records of any 23 patient. 24 SECTION 3. That Section 39-1392e, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 39-1392e. LIMITED EXCEPTIONS TO PRIVILEGE AND CONFIDENTIALITY. (a) In the 27 event of a claim or civil action against a physician, emergency medical ser- 28 vices personnel, or a hospital arising out of a particular physician-patient, 29 emergency medical services personnel-patient, or hospital-patient relation- 30 ship, or which concerns the sufficiency of the delivery of particular health 31 care to a specific patient, any health care organization having information of 32 the kind covered by section 39-1392b, Idaho Code, shall, when interrogated as 33 hereinafter provided, advise any such claimant who is or was such a patient or 34 who, in a representative capacity, acts on behalf of such patient or his 35 heirs, as follows: 36 (1) Whether it has conducted or has in progress an inquiry, proceeding or 37 disciplinary matter regarding the qualityofor propriety of the health 38 care involved, which concerns the subject patient while he was under the 39 care or responsibility of a member of such health care organization or 40 while he was a patient in such hospital; and, if so, 41 (2) Whether disposition of any kind resulted or will result therefrom; 42 and, if so, 43 (3) What the disposition was, or, if not yet determined, approximately 44 when it will be determined. 45 Such disclosure of information shall be limited to the health care 46 organization's actions in connection with the physician, emergency medical 47 services personnel, or hospital against whom such claim is asserted. 48 (b) Such a claimant shall likewise be entitled to inquire of such health 49 care organization respecting the names and addresses of persons who such 50 health care organization knows to have direct knowledge of the provision of 51 the health care in question, such inquiry to be limited, however, to the par- 4 1 ticular patient and the particular times and occasions germane to the specific 2 occurrences on which the claim is based; provided, names shall not be dis- 3 closed respecting persons who have gained secondary knowledge or formed opin- 4 ions respecting the matter solely by participating as witnesses, officials, 5 investigators or otherwise on, for, or in connection with such a health care 6 organization committee, staff, governing board or the state board of medicine. 7 (c) Such limited, conditional discovery and disclosure of information as 8 provided above shall be allowed only in response to inquiries directed to such 9 a health care organization, and then only if initially propounded by a claim- 10 ant of the type above described. If the matter is in litigation, inquiry may 11 be by customary means of discovery under the Idaho rules of civil procedure, 12 or, if pending in a United States court, then under discovery as allowed by 13 its applicable rules; provided, pendency of the claim in the United States 14 court or before any other tribunal shall not operate to broaden the exception 15 to the rules of privilege, confidentiality and immunity set down in this act. 16 (d) Such disclosures may be voluntarily made without judicial order or 17 formal discovery if all disciplined, accused or investigated physicians or 18 emergency medical services personnel consent thereto, and if privileged or 19 confidential information regarding any other patient, physician, emergency 20 medical services personnel, or person will not be disclosed thereby. When the 21 terms of this paragraph are complied with, such voluntary disclosures may be 22 made without civil liability therefor as if in due response to valid judicial 23 process or order. 24 (e) If any claimant makes such inquiry of any such health care organiza- 25 tion, he shall be deemed to have consented to like inquiry and disclosure 26 rights for the benefit of all parties against whom he asserts such claim or 27 brings such suit or action, and all other persons who are parties to such 28 action, and thereafter all such persons and parties may invoke the provisions 29 of this section, seeking and securing specific information as herein provided 30 for the benefit of such claimant, to the same extent as the same is allowed to 31 such claimant. 32 (f) If any physician, emergency medical services personnel, patient, per- 33 son, organization or entity whose conduct, care, chart, behavior, health or 34 standards of ethics or professional practice is the subject of investigation, 35 comment, testimony, dispositive order of any kind or other written or verbal 36 utterance or publication or act of any such health care organization or any 37 member or committee thereof in the course of research, study, disciplinary 38 proceeding or investigation of the sort contemplated by this act, makes claim 39 or brings suit on account of such health care organization activity, then, in 40 the defense thereof, confidentiality and privilege shall be deemed waived by 41 the making of such claim, and such health care organization and the members of 42 their staffs and committees shall be allowed to use and resort to such other- 43 wise protected information for the purpose of presenting proof of the facts 44 surrounding such matter, and this provision shall apply whether such claim be 45 for equitable or legal relief or for intentional or unintentional tort of any 46 kind and whether pressed by a patient, physician, emergency medical services 47 personnel, or any other person, but such waiver shall only be effective in 48 connection with the disposition or litigation of such claim, and the court 49 shall, in its discretion, enter appropriate orders protecting, and as fully as 50 it reasonably can do so, preserving the confidentiality of such materials and 51 information. 52 SECTION 4. That Section 39-1393, Idaho Code, be, and the same is hereby 53 amended to read as follows: 5 1 39-1393. NOTIFICATION OF PROFESSIONAL REVIEW ACTION IMPOSED UPON PHYSI- 2 CIAN OR EMERGENCY MEDICAL SERVICES PERSONNEL. (1) Any health care organization 3 in this state that is by law required to conduct peer review or which volun- 4 tarily formally elects to conduct professional review actions shall notify the 5 board of medicine of professional review actions taken against physicians 6 licensed in Idaho required to be reported as provided in this section. Such 7 reports shall be made to the board of medicine within fifteen (15) days of 8 completion of the professional review action by the health care organization. 9 For emergency medical services personnel, such reports shall be made to the 10 department of health and welfare within fifteen (15) days of completion of the 11 professional review action by the health care organization. Such required 12 reports shall be made on forms approved by the board of medicine for reports 13 concerning physicians, or the department of health and welfare for reports 14 concerning emergency medical services personnel, consistent with the reporting 15 requirements of this section. The reporting obligation shall not be stayed by 16 the filing of any court proceeding unless otherwise ordered by the court. 17 (2) A health care organization in Idaho shall report to the board of med- 18 icine if it: 19 (a) Takes a professional review action against a physician licensed in 20 Idaho and imposes a sanction of the type included in subsection (3) of 21 this section which lasts longer than thirty (30) days; or 22 (b) Accepts a voluntary sanction by a physician licensed in Idaho of the 23 type identified in subsection (3) of this section while the physician is 24 under investigation or to avoid investigation by the health care organiza- 25 tion relating to the professional competence or professional conduct of 26 the physician or in exchange for the health care organization not conduct- 27 ing such an investigation or initiating a professional review action, if 28 the sanction lasts longer than thirty (30) days. 29 (3) Professional review action sanctions against a physician which must 30 be reported to the board of medicine pursuant to subsection (2) of this sec- 31 tion, whether voluntary or involuntary, shall be: 32 (a) Restriction or limitation of privileges; 33 (b) Revocation of privileges; 34 (c) Suspension of privileges; 35 (d) Reduction of privileges; 36 (e) Denial of a request for initial privileges; 37 (f) Submission to monitoring of the physician's physical or mental condi- 38 tion; 39 (g) Submission to monitoring of the physician's delivery of medical ser- 40 vices other than to assess and monitor the physician's qualifications for 41 new or additional privileges; 42 (h) Surrender of privileges; 43 (i) Summary suspension or reduction of privileges lasting longer than 44 thirty (30) days; 45 (j) Termination of employment; 46 (k) Suspension of employment lasting longer than thirty (30) days. 47 (4) The reporting requirements of this section shall not apply to: 48 (a) Actions based on compliance with medical records or confidentiality 49 requirements of a health care organization; 50 (b) Voluntary requests for assistance or monitoring by a physician as 51 part of an educational process to improve physician skills or enhance 52 patient care when unrelated to a professional review action concerning the 53 quality or necessity of patient medical care; 54 (c) Voluntary or involuntary revocation, nonrenewal, denial, reduction, 55 restriction, resignation, or limitation of privileges or employment of a 6 1 physician based upon factors not directly impacting the quality of patient 2 care or safety of practice of the physician; 3 (d) Adverse actions taken against a physician by a health care organiza- 4 tion that is not required by law to conduct peer review and that has not 5 voluntarily formally elected to conduct professional review actions; and 6 (e) The denial of a physician's request for additional privileges or cre- 7 dentials with a health care organization. 8 (5) The report to the board of medicine required by this section shall 9 include a statement of the quality of care concerns or professional conduct 10 that is the basis of the professional review action or investigation and the 11 reportable professional review action sanction voluntarily accepted or invol- 12 untarily imposed. 13 (6) A health care organization required to report a professional review 14 action concerning a physician to the board of medicine pursuant to this sec- 15 tion shall, if requested by the board of medicine, provide to the board the 16 following: 17 (a) A statement of the specific quality of care concerns or professional 18 conduct which resulted in the professional review action sanction; 19 (b) A statement of the specific professional review action sanction; and 20 (c) Any patient care records of the health care organization regarding 21 the care provided by the reported physician. However, the board of medi- 22 cine may not request or require production of any peer review records from 23 any person or health care organization, including the identification of 24 which particular patient care records were selected for, or reviewed, 25 examined or discussed in any peer review activity of a health care organi- 26 zation, or the method used by the health care organization to select such 27 patient care records for peer review. 28 (7) The records lawfully requested by the board of medicine pursuant to 29 subsection (6) of this section shall be provided by the health care organiza- 30 tion without a subpoena or court order. If the health care organization fails 31 to comply with the board of medicine's lawful request, the board may petition 32 the district court for an order compelling compliance with the board's 33 request, which shall be granted if disclosure is required by law. 34 (8) Professional review action sanctions against emergency medical ser- 35 vices personnel, whether voluntary or involuntary, which are the result of any 36 action, conduct, or failure to act which is inconsistent with the 37 professionalism and/or standards established in the rules governing emergency 38 medical services personnel as promulgated by the department of health and wel- 39 fare must be reported to the department of health and welfare. 40 (9) The report to the department of health and welfare required by this 41 section shall include a statement of the quality of care concerns or profes- 42 sional conduct that is the basis of the professional review action or investi- 43 gation and the reportable professional review action sanction voluntarily 44 accepted or involuntarily imposed. 45 (10) Any person or health care organization that provides notification as 46 required by law, or in a good faith belief that such notification is required 47 by law, shall be immune from any civil or other liability arising from provid- 48 ing the notification. Such immunity shall likewise pertain to the provision of 49 files, records and information a health care organization may in good faith 50 provide to the board of medicine pursuant to this section or other applicable 51 law. Such materials provided to the board of medicine shall be subject to dis- 52 closure by the board according to chapter 3, title 9, Idaho Code, and avail- 53 able only to the board of medicine and its staff unless and until such matter 54 becomes the subject of formal proceedings by or before the board of medicine 55 or authorized by it.
STATEMENT OF PURPOSE RS 14042 Health care organizations maintain a formal peer review process in order to reduce the occurrence of illness and death and to enforce and improve standards of medical practice. This process enables research, discipline, and medical study to improve quality of care. Records used in peer review are confidential and privileged and generally are not subject to subpoena or discovery. This confidentiality allows open and honest communication which is critical for the peer review process to work. Idaho's peer review statutes only apply to peer review of care provided in hospitals and other health care organizations. Emergency medical services (EMS) personnel provide care to patients before they arrive in the hospital setting. The quality of care EMS personnel provide is of critical importance to all Idahoans. Their current attempts at peer review are severely curtailed because they are not covered by these statutes. This legislation would include EMS personnel within Idaho's peer review statutes and thereby encourage their participation in this most important quality improvement tool. Fiscal Impact This bill will have no fiscal impact on state or local funds. Contacts: Bob Seehusen, CEO, Idaho Medical Association Ron Hodge, Assoc. Exec. Dr. 344-7888 Steve Millard, President, Idaho Hospital Association 338-5100 STATEMENT OF PURPOSE/FISCAL NOTE S 1320