SOURCE: Page 2, line 7; (07)MO020702.2. -->
Page 2, line 7, delete "entity that has been certified as a patient" and
insert " entity:
(A) that certifies that it meets the criteria under 42 U.S.C.
299b-24 as a patient safety organization and whose
certification has been accepted by the federal Department
of Health and Human Services; or
(B) that has been determined by the state department to
satisfy the criteria in 42 U.S.C. 299b-24 for certification as
a patient safety organization to a degree sufficient to
enable the entity to perform the activities of an agency
under this chapter; or
Page 2, delete line 8.
Page 2, line 11, delete "a certified" and insert " an
Page 2, line 11, delete "." and insert " as described in subdivision
Page 2, line 40, delete "an incident" and insert " a
Page 3, line 5, delete "for information in an incident report that" and
insert " as provided in subsections (d) and (e), the following are
confidential and privileged from use as evidence in an
administrative or a judicial proceeding:
(1) Oral or written information or reports given to the agency.
(2) Proceedings, records, deliberations, and findings of the
(b) The agency may not disclose to a person outside of the
agency the contents of:
(1) communications to the agency;
(2) agency records; or
(3) agency determinations;
that are generated, undertaken, or performed as a result of a
report described in section 4 of this chapter or under the
agreement described in section 3(a) of this chapter.
(c) A person who has participated in an agency proceeding or
deliberation may not disclose to a person outside of the agency:
(1) matters or opinions related to the agency's proceedings or
(2) the contents of any confidential or privileged information
that the person obtains and that consists of information that
was not provided to the agency by the person.
However, the person may disclose information that the person
provided to the agency.
(d) The agency may disclose information concerning patient
safety or quality of health care matters addressed in the agreement
described in section 3(a) of this chapter if the information does not
disclose any of the following:
(1) The identity of the health care facility, health care
provider, or patient.
(2) The identity of a person that provided information to the
(3) Information that could reasonably be expected to result in
the identification of a health care facility, health care
provider, patient, or person that has provided information to
(e) Information or material that is confidential and privileged
under this section may be used as evidence in a criminal
proceeding only if the court first makes an in camera
determination that the information:
(1) is relevant to the criminal proceeding;
(2) is material to the proceeding; and
(3) is not reasonably available from another source.
Page 3, delete lines 6 through 30.
Page 4, line 15, delete "A" and insert " Upon approval by the
health care facility's governing body, the
Page 4, line 17, delete "administering IC 16-40-5".
Page 4, line 17, delete "IC 16-40-5:" and insert " patient safety or
quality of health care matters in the agreement:
Page 4, line 26, delete "civil" and insert " judicial
Page 4, line 26, after "proceeding." insert " However, the agency
may issue a report that is based upon information submitted or
disclosed to the agency by a peer review committee if the report or
any other information released does not disclose the identity of the
health care facility, health care provider, or patient.
Page 4, delete lines 27 through 33.
Page 4, line 34, delete "(g)" and insert " (f)
Page 4, line 34, delete "board" and insert " body
Page 4, line 38, after "without" insert " :
Page 4, line 38, delete "." and insert " ; or
(2) waiving the confidentiality or privilege attached to the
communications, proceedings, records, or deliberations of the
peer review committee.".
(Reference is to SB 207 as printed February 23, 2007.)