2004 Legislation
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SENATE BILL NO. 1320 – Emergency medical services personnl

SENATE BILL NO. 1320

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN 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 quality of or 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 / Fiscal Impact


                    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