1| SENATE FLOOR VERSION | | March 28, 2024 | 2| | | | 3|ENGROSSED HOUSE | |BILL NO. 3199 By: Stark, Newton, and | 4| Provenzano of the House | | | 5| and | | | 6| Haste of the Senate | | | 7| | | | 8| | | | 9| An Act relating to public health and safety; amending | | 63 O.S. 2021, Section 1-1709.1, which relates to peer | 10| review; adding to the health care professionals | | definition; and providing an effective date. | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1709.1, is | | | 15|amended to read as follows: | | | 16| Section 1-1709.1 A. As used in this section: | | | 17| 1. "Credentialing or recredentialing data" means: | | | 18| a. the application submitted by a health care | | | 19| professional requesting appointment or reappointment | | | 20| to the medical staff of a health care entity or | | | 21| requesting clinical privileges or other permission to | | | 22| provide health care services at a health care entity, | | | 23| b. any information submitted by the health care | | | 24| professional in support of such application, | | | arsid5658557 SENATE FLOOR VERSION - HB3199 SFLR Page 1 ___________________________________________________________________________
1| c. any information, unless otherwise privileged, obtained | | | 2| by the health care entity during the credentialing or | | | 3| recredentialing process regarding such application, | | | 4| and | | | 5| d. the decision made by the health care entity regarding | | | 6| such application; | | | 7| 2. "Credentialing or recredentialing process" means any | | | 8|process, program or proceeding utilized by a health care entity to | | | 9|assess, review, study or evaluate the credentials of a health care | | | 10|professional; | | | 11| 3. "Health care entity" means: | | | 12| a. any hospital or related institution offering or | | | 13| providing health care services under a license issued | | | 14| pursuant to Section 1-706 of this title, | | | 15| b. any ambulatory surgical center offering or providing | | | 16| health care services under a license issued pursuant | | | 17| to Section 2660 of this title, | | | 18| c. the clinical practices of accredited allopathic and | | | 19| osteopathic state medical schools, and | | | 20| d. any other entity directly involved in the delivery of | | | 21| health care services that engages in a credentialing | | | 22| or peer review process; | | | 23| 4. "Health care professional" means any person authorized to | | | 24|practice allopathic medicine and surgery, osteopathic medicine, | | | arsid5658557 SENATE FLOOR VERSION - HB3199 SFLR Page 2 ___________________________________________________________________________
1|podiatric medicine, optometry, chiropractic, psychology, dentistry, | | | 2|or a dental specialty, a physician assistant, or an advanced | | | 3|practice registered nurse under a license issued pursuant to Title | | | 4|59 of the Oklahoma Statutes; | | | 5| 5. "Peer review information" means all records, documents and | | | 6|other information generated during the course of a peer review | | | 7|process, including any reports, statements, memoranda, | | | 8|correspondence, record of proceedings, materials, opinions, | | | 9|findings, conclusions and recommendations, credentialing data and | | | 10|recredentialing data, but does not include: | | | 11| a. the medical records of a patient whose health care in | | | 12| a health care entity is being reviewed, | | | 13| b. incident reports and other like documents regarding | | | 14| health care services being reviewed, regardless of how | | | 15| the reports or documents are titled or captioned, | | | 16| c. the identity of any individuals who have personal | | | 17| knowledge regarding the facts and circumstances | | | 18| surrounding the patient's health care in the health | | | 19| care entity, | | | 20| d. factual statements regarding the patient's health care | | | 21| in the health care entity from any individuals who | | | 22| have personal knowledge regarding the facts and | | | 23| circumstances surrounding the patient's health care, | | | 24| | | | arsid5658557 SENATE FLOOR VERSION - HB3199 SFLR Page 3 ___________________________________________________________________________
1| which factual statements were generated outside the | | | 2| peer review process, | | | 3| e. the identity of all documents and raw data previously | | | 4| created elsewhere and considered during the peer | | | 5| review process, or | | | 6| f. copies of all documents and raw data previously | | | 7| created elsewhere and considered during the peer | | | 8| review process, whether available elsewhere or not; | | | 9| and | | | 10| 6. "Peer review process" means any process, program or | | | 11|proceeding, including a credentialing or recredentialing process, | | | 12|utilized by a health care entity or county medical society to | | | 13|assess, review, study or evaluate the credentials, competence, | | | 14|professional conduct or health care services of a health care | | | 15|professional. | | | 16| B. 1. Peer review information shall be private, confidential | | | 17|and privileged except that a health care entity or county medical | | | 18|society shall be permitted to provide relevant peer review | | | 19|information to the state agency or board which licensed the health | | | 20|care professional who provided the health care services being | | | 21|reviewed in a peer review process or who is the subject of a | | | 22|credentialing or recredentialing process, with notice to the health | | | 23|care professional. | | | 24| | | | arsid5658557 SENATE FLOOR VERSION - HB3199 SFLR Page 4 ___________________________________________________________________________
1| 2. Nothing in this section shall be construed to abrogate, | | | 2|alter or affect any provision in the Oklahoma Statutes which | | | 3|provides that information regarding liability insurance of a health | | | 4|care entity or health care professional is not discoverable or | | | 5|admissible. | | | 6| C. In any civil action in which a patient or patient's legal | | | 7|representative has alleged that the patient has suffered injuries | | | 8|resulting from negligence by a health care professional in providing | | | 9|health care services to the patient in a health care entity, factual | | | 10|statements, presented during a peer review process utilized by such | | | 11|health care entity, regarding the patient's health care in the | | | 12|health care entity from individuals who have personal knowledge of | | | 13|the facts and circumstances surrounding the patient's health care | | | 14|shall not be subject to discovery. | | | 15| D. 1. In any civil action in which a patient or patient's | | | 16|legal representative has alleged that the health care entity was | | | 17|independently negligent as a result of permitting the health care | | | 18|professional to provide health care services to the patient in the | | | 19|health care entity, the credentialing and recredentialing data, and | | | 20|the recommendations made and action taken as a result of any peer | | | 21|review process utilized by such health care entity regarding the | | | 22|health care professional prior to the date of the alleged negligence | | | 23|shall be subject to discovery pursuant to the Oklahoma Discovery | | | 24|Code. | | | arsid5658557 SENATE FLOOR VERSION - HB3199 SFLR Page 5 ___________________________________________________________________________
1| 2. Any information discovered pursuant to this subsection: | | | 2| a. shall not be admissible as evidence until a judge or | | | 3| jury has first found the health care professional to | | | 4| have been negligent in providing health care services | | | 5| to the patient in such health care entity, and | | | 6| b. shall not at any time include the identity or means | | | 7| by which to ascertain the identity of any other | | | 8| patient or health care professional. | | | 9| E. No person involved in a peer review process may be permitted | | | 10|or required to testify regarding the peer review process in any | | | 11|civil proceeding or disclose by responses to written discovery | | | 12|requests any peer review information. | | | 13| SECTION 2. This act shall become effective November 1, 2024. | | | 14|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES | |March 28, 2024 - DO PASS | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid5658557 SENATE FLOOR VERSION - HB3199 SFLR Page 6