AB 336

Under current law, a physician who in good faith provides the Medical

Examining Board with information concerning an allegation that another physician

has engaged in unprofessional conduct or acted negligently in treating a patient is

immune from liability for any damage that results from any act or omission in

providing the information and may not be disciplined by that board for providing the

information.

Also, current law prohibits retaliation or other employment discrimination

against any employee of a health care facility or of a health care provider (employee)

who in good faith reports any information, the disclosure of which is not expressly

prohibited by law, that would lead a reasonable person to believe that the health care

facility, health care provider, or an employee has committed a violation of the law or

has provided a health care service of a quality that violates any standard established

by law or any clinical or ethical standard established by a professionally recognized

accrediting or standard-setting body (clinical or ethical standard) and that poses a

potential risk to public health or safety: 1) to any appropriate state agency; 2) to any

professionally recognized accrediting or standard-setting body that has accredited,

certified, or otherwise approved the health care facility or health care provider

(accrediting or standard-setting body); 3) to any officer or director of the health care

facility or health care provider; or 4) to any employee who is in a supervisory capacity

or in a position to take corrective action (supervisor). In addition, current law

prohibits retaliation or other employment discrimination against any employee who

initiates, participates in, or testifies in any action or proceeding in which such a

violation is alleged or who provides to any legislator or legislative committee any

information relating to such an alleged violation.

This bill provides for immunity from liability for any health care provider,

health care facility, or employee that in good faith does any of the following:

1. Reports any information, the disclosure of which is not expressly prohibited

by law, relating to an allegation that a health care provider, health care facility, or

employee has committed a violation of the law or has provided a health care service

of a quality that violates any standard established by law or any clinical or ethical

standard and that poses a potential risk to public health or safety (violation of the

law or of a clinical or ethical standard), has engaged in unprofessional conduct, or

has acted negligently in treating a patient to any state agency; to any accrediting or

standard-setting body; or to any officer, director, or supervisor of the health care

facility or health care provider.

2. Initiates, participates in, or testifies in any action or proceeding in which it

is alleged that a health care provider, health care facility, or employee has committed

a violation of the law or of a clinical or ethical standard, has engaged in

unprofessional conduct, or has acted negligently in treating a patient.

3. Provides to any legislator or legislative committee any information, the