Bill Text: CA AB2225 | 2023-2024 | Regular Session | Amended
Bill Title: Discovery: prehospital emergency medical care person or personnel review committees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-20 - Ordered to third reading. [AB2225 Detail]
Download: California-2023-AB2225-Amended.html
|
Amended
IN
Assembly
March 14, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2225
| Introduced by Assembly Member Rodriguez |
February 07, 2024 |
An act to amend Section 1157 of the Evidence Code, relating to evidence.
LEGISLATIVE COUNSEL'S DIGEST
AB 2225, as amended, Rodriguez.
Discovery: emergency medical services prehospital emergency medical care person or personnel review committees.
Existing law exempts from discovery as evidence the proceedings and records of specified organized committees of health care professionals and review committees having the responsibility of evaluation and improvement of the quality of care.
This bill would extend this exemption, for purposes of civil proceedings only, to the proceedings and records of emergency medical services prehospital emergency medical care person or personnel organized committees and review committees, as described above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1157 of the Evidence Code is amended to read:1157.
(a) Neither the proceedings nor the records of organized committees of medical, medical-dental, podiatric, registered dietitian, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, prehospital emergency medical care person or personnel, or veterinary staffs,(b) Except as hereinafter provided, a person in attendance at a meeting of any of the committees described in subdivision (a) shall not be required to testify as to what transpired at that meeting.
(c) The prohibition relating to discovery or testimony does not apply to the statements made by a
person in attendance at a meeting of any of the committees described in subdivision (a) if that person is a party to an action or proceeding the subject matter of which was reviewed at that meeting, to a person requesting hospital staff privileges, or in an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits.
(d) The prohibitions in this section do not apply to medical, dental, dental hygienist, podiatric, dietetic, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, veterinary, acupuncture, midwifery, chiropractic, or emergency medical services
prehospital emergency medical care person or personnel society committees that exceed 10 percent of the membership of the society, nor to any of those committees if a person serves upon the committee when his or her own conduct or practice is being reviewed.
(e) The amendments made to this section by Chapter 1081 of the Statutes of 1983, or at the 1985 portion of the 1985–86 Regular Session of the Legislature, at the 1990 portion of the 1989–90 Regular Session of the Legislature, at the 2000 portion of the 1999–2000 Regular Session of the Legislature, at the 2011 portion of the 2011–12 Regular Session of the Legislature, at the 2015 portion of the 2015–16 Regular Session of the Legislature, or at the 2024 portion of the 2023–24 Regular Session of the Legislature, do not exclude the discovery or use of
relevant evidence in a criminal action.
(f) For purposes of this section, “prehospital emergency medical care person or personnel” has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1797.188 of the Health and Safety Code.
