1.1                          A bill for an act 
  1.2             relating to health; clarifying the use of peer review 
  1.3             data; amending Minnesota Statutes 1996, sections 
  1.4             145.64, subdivision 1; and 147.111, subdivision 4. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 145.64, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [DATA AND INFORMATION.] All data and, 
  1.9   information, proceedings, and records acquired or generated by a 
  1.10  review organization, in the exercise of its duties and 
  1.11  functions, or by an individual or other entity acting at the 
  1.12  direction of a review organization, shall be held in confidence, 
  1.13  shall not be disclosed to anyone except to the extent necessary 
  1.14  to carry out one or more of the purposes of the review 
  1.15  organization, and shall not be subject to subpoena or, 
  1.16  discovery, or introduction into evidence in any civil or 
  1.17  administrative action against a professional arising out of the 
  1.18  matter or matters, which is the subject of consideration by the 
  1.19  review organization.  No person described in section 145.63 
  1.20  shall disclose what transpired at a meeting of a review 
  1.21  organization except to the extent necessary to carry out one or 
  1.22  more of the purposes of a review organization.  The proceedings 
  1.23  and records of a review organization shall not be subject to 
  1.24  discovery or introduction into evidence in any civil action 
  1.25  against a professional arising out of the matter or matters 
  2.1   which are the subject of consideration by the review 
  2.2   organization.  Information, documents or records otherwise 
  2.3   available from original sources shall not be immune from 
  2.4   discovery or use in any civil action merely because they were 
  2.5   presented during proceedings of a review organization, nor shall 
  2.6   any person who testified before a review organization or who is 
  2.7   a member of it be prevented from testifying as to matters within 
  2.8   the person's knowledge, but a witness cannot be asked about the 
  2.9   witness' testimony before a review organization or opinions 
  2.10  formed by the witness as a result of its hearings.  
  2.11     The confidentiality protection and protection from 
  2.12  discovery or introduction into evidence provided in this 
  2.13  subdivision shall also apply to the governing body of the review 
  2.14  organization and shall not be waived as a result of referral of 
  2.15  a matter from the review organization to the governing body or 
  2.16  consideration by the governing body of decisions, 
  2.17  recommendations, or documentation of the review organization. 
  2.18     The governing body of a hospital, health maintenance 
  2.19  organization, community integrated service network, or 
  2.20  integrated service network, that is owned or operated by a 
  2.21  governmental entity, may close a meeting to discuss decisions, 
  2.22  recommendations, deliberations, or documentation of the review 
  2.23  organization.  A meeting may not be closed except by a majority 
  2.24  vote of the governing body in a public meeting.  The closed 
  2.25  meeting must be tape recorded and the tape must be retained by 
  2.26  the governing body for five years.  
  2.27     Sec. 2.  Minnesota Statutes 1996, section 147.111, 
  2.28  subdivision 4, is amended to read: 
  2.29     Subd. 4.  [LICENSED PROFESSIONALS.] A licensed health 
  2.30  professional and persons holding a residency permit under 
  2.31  section 147.0391, shall report to the board personal knowledge 
  2.32  of any conduct which the person reasonably believes constitutes 
  2.33  grounds for disciplinary action under sections 147.01 to 147.22 
  2.34  by any physician or person holding a residency permit under 
  2.35  section 147.0391, including any conduct indicating that the 
  2.36  person may be medically incompetent, or may have engaged in 
  3.1   unprofessional conduct or may be medically or physically unable 
  3.2   to engage safely in the practice of medicine.  A licensed 
  3.3   physician or other health professional licensed under this 
  3.4   chapter shall also report to the board any occurrence of any 
  3.5   adverse reaction resulting from an optometrist's prescription, 
  3.6   use, or administration of any topical legend drug.  Any reports 
  3.7   received by the board must be reported to the board of 
  3.8   optometry.  No report shall be required if the information was 
  3.9   obtained in the course of a physician-patient relationship if 
  3.10  the patient is a physician or person holding a residency permit 
  3.11  under section 147.0391, and the treating physician successfully 
  3.12  counsels the person to limit or withdraw from practice to the 
  3.13  extent required by the impairment.  No report shall be required 
  3.14  if a licensed physician obtained the information in the course 
  3.15  of a peer review conducted under sections 145.61 to 145.67.