Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 122 entitled:

begs leave to report as follows:

The purpose of this measure is to delete certain provisions regarding records made in the regular course of business and statements made by persons in attendance at meetings of peer review committees or quality assurance committees that were previously exempt from the prohibition relating to discovery.

The Healthcare Association of Hawaii and Hawaii Pacific Health submitted testimony in support of this measure. Consumer Lawyers of Hawaii submitted testimony in opposition.

Your Committee finds that the law protects the proceedings and the records of peer review committees or quality assurance committees from discovery. However, it does not protect other information obtained in peer review from discovery. As the Healthcare Association of Hawaii noted in its testimony, the peer review process was established to improve patient safety by facilitating the development of the organizational changes that are needed to prevent medical errors. Without the protections provided by peer review, medical staff may fear sanctions being lodged against them and therefore they may not be forthcoming with the kind of information that leads to workable solutions. "Case review forums" are meetings convened by the administrative or professional staff of licensed hospitals and clinics for the presentation and critique of cases for educational purposes. This measure ensures that these forums are protected, as well.

Upon further consideration, your Committee has amended this measure by keeping the current law intact except for the addition of the definition of "case review forum" and for adding case review forum to the proceedings protected from discovery, and by making technical, nonsubstantive amendments for clarity and style.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 122, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 122, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.