Amendments for SB19-234
Senate Journal, April 30
SB19-234 by Senator(s) Rodriguez and Foote; also Representative(s) Weissman--Concerning the
continuation of the functions of professional review committees, and, in connection
therewith, implementing the recommendations contained in the 2018 sunset report by the
department of regulatory agencies.
With unanimous consent of those elected to the Senate having voted in the affirmative,
Senator Foote was given permission to offer a substantive third reading amendment.
Third Reading Amendment No. 1(L.008), by Senators Foote and Rodriguez.
Amend engrossed bill, page 3, line 12, strike "and (7)(a)(V)" and
substitute "(7)(a)(V), and (7)(b); and add (5.5)".
Page 3, after line 15 insert:
"(5.5) "ORIGINAL SOURCE DOCUMENT" MEANS ANY SEPARATE
WRITTEN DOCUMENT CREATED OR PREPARED IN THE ORDINARY COURSE
OF BUSINESS THAT IS NOT OTHERWISE PRIVILEGED OR CONFIDENTIAL,
INCLUDING ELECTRONIC RECORDS AND ELECTRONIC COMMUNICATIONS,
CONTAINING FACTUAL INFORMATION RELATING SOLELY TO THE
INDIVIDUAL PATIENT IN INTEREST IN A CIVIL ACTION THAT IS NOT
CREATED OR PREPARED AS PART OF THE PROFESSIONAL REVIEW
ACTIVITIES OR CREATED BY OR AT THE DIRECTION OF A PROFESSIONAL
REVIEW COMMITTEE.".
Page 3, after line 25 insert:
"(b) "Records" does not include any written, electronic, or oral
communications by any person that are otherwise available from a source
outside the scope of professional review activities, including medical
records and other health information, INCIDENT REPORTS PREPARED IN
THE ORDINARY COURSE OF BUSINESS, AND RELEVANT HOSPITAL OR
FACILITY POLICIES, PROCEDURES, AND PROTOCOLS, OR OTHER ORIGINAL
SOURCE DOCUMENTS.".
Page 3, line 27, strike "(13)" and substitute "(13); repeal (7)(f); and add
(2.7) and (17)".
Page 4, line 2, strike "(3)" and substitute "(2.7) A PROFESSIONAL REVIEW
COMMITTEE OF A HOSPITAL LICENSED OR CERTIFIED BY THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT PURSUANT TO SECTION 25-1.5-103
(1)(a) IS ENCOURAGED TO APPOINT A CONSUMER TO SERVE AS A
NONVOTING MEMBER OF THE PROFESSIONAL REVIEW COMMITTEE, SO
LONG AS THE CONSUMER COMPLIES WITH THE HOSPITAL'S CONFLICT OF
INTEREST POLICIES, ENTERS INTO A CONFIDENTIALITY AGREEMENT
ACCEPTABLE TO THE HOSPITAL, AND ENTERS INTO A BUSINESS ASSOCIATE
AGREEMENT IN ACCORDANCE WITH THE FEDERAL "HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996", PUB.L. 104-191, AS
AMENDED.
(3)".
Page 4, after line 6 insert:
"(7) The written bylaws, policies, or procedures of any
professional review committee for persons licensed under article 36 of
this title or licensed under article 38 of this title and granted authority as
advanced practice nurses must provide for at least the following:
(f) The professional review committee shall forward a copy of
any recommendations made pursuant to paragraph (d) of this subsection
(7) promptly to the medical board if the subject of the investigation is
licensed under article 36 of this title, or to the nursing board if the subject
of the investigation is licensed under article 38 of this title and granted
authority as an advanced practice nurse.".
Page 4, after line 23 insert:
"(17) (a) ORIGINAL SOURCE DOCUMENTS ARE NOT PROTECTED
FROM SUBPOENA, DISCOVERY, OR USE IN ANY CIVIL ACTION MERELY
BECAUSE THEY WERE CONSIDERED BY OR PRESENTED TO A PROFESSIONAL
REVIEW COMMITTEE. ORIGINAL SOURCE DOCUMENTS ARE SUBJECT TO
SUBPOENA OR DISCOVERY ONLY FROM THE ORIGINAL SOURCES AND ARE
PROTECTED FROM SUBPOENA OR DISCOVERY FROM THE PROFESSIONAL
REVIEW FILES OF A PROFESSIONAL REVIEW COMMITTEE OF AN
AUTHORIZED ENTITY EXCEPT AS PROVIDED BELOW:
(I) UPON SUBPOENA OR REQUEST FOR DISCOVERY FOR ORIGINAL
SOURCE DOCUMENTS, AN AUTHORIZED ENTITY SHALL PROVIDE A LOG OF
ALL ORIGINAL SOURCE DOCUMENTS CONTAINED IN THE AUTHORIZED
ENTITY'S PROFESSIONAL REVIEW FILES INCLUDING THE SOURCE AND
NATURE OF EACH ORIGINAL SOURCE DOCUMENT;
(II) THE INDIVIDUAL PATIENT IN INTEREST IN A CIVIL ACTION BY
SUCH PERSON, NEXT FRIEND, OR LEGAL REPRESENTATIVE MAY SUBPOENA
OR SEEK DISCOVERY OF ANY ORIGINAL SOURCE DOCUMENT IDENTIFIED ON
THE AUTHORIZED ENTITY'S PROFESSIONAL REVIEW COMMITTEE LOG ONLY
IF THE ORIGINAL SOURCE DOCUMENT WAS NOT PRODUCED IN RESPONSE TO
A PRIOR SUBPOENA OR DISCOVERY REQUEST TO THE ORIGINAL SOURCE;
AND
(b) THIS SUBSECTION (17) DOES NOT RELIEVE ANY PARTY OF THEIR
OBLIGATION UNDER THE COLORADO RULES OF CIVIL PROCEDURE.".
Page 5, strike lines 18 and 19 and substitute:
"(II) DETERMINE THE DE-IDENTIFIED INFORMATION REGARDING
INVESTIGATIONS AND OUTCOMES A GOVERNING BOARD IS REQUIRED TO
REPORT; AND".
Page 6, after line 5 insert:
"SECTION 7. In Colorado Revised Statutes, 12-30-202, amend
as relocated by House Bill 19-1172 (8)(b); and add as relocated by
House Bill 19-1172 (6.5) as follows:
12-30-202. Definitions. As used in this part 2, unless the context
otherwise requires:
(6.5) "ORIGINAL SOURCE DOCUMENT" MEANS ANY SEPARATE
WRITTEN DOCUMENT CREATED OR PREPARED IN THE ORDINARY COURSE
OF BUSINESS THAT IS NOT OTHERWISE PRIVILEGED OR CONFIDENTIAL,
INCLUDING ELECTRONIC RECORDS AND ELECTRONIC COMMUNICATIONS,
CONTAINING FACTUAL INFORMATION RELATING SOLELY TO THE
INDIVIDUAL PATIENT IN INTEREST IN A CIVIL ACTION THAT IS NOT
CREATED OR PREPARED AS PART OF THE PROFESSIONAL REVIEW
ACTIVITIES OR CREATED BY OR AT THE DIRECTION OF A PROFESSIONAL
REVIEW COMMITTEE.
(8) (b) "Records" does not include any written, electronic, or oral
communications by any person that are otherwise available from a source
outside the scope of professional review activities, including medical
records and other health information, INCIDENT REPORTS PREPARED IN
THE ORDINARY COURSE OF BUSINESS, AND RELEVANT HOSPITAL OR
FACILITY POLICIES, PROCEDURES, AND PROTOCOLS, OR OTHER ORIGINAL
SOURCE DOCUMENTS.".
SECTION 8. In Colorado Revised Statutes, 12-30-204, repeal
as relocated by House Bill 19-1172 (8)(f); and add as relocated by
House Bill 19-1172 (3.5) and (18) as follows:
12-30-204. Establishment of professional review committees
- function - rules. (3.5) A PROFESSIONAL REVIEW COMMITTEE OF A
HOSPITAL LICENSED OR CERTIFIED BY THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT PURSUANT TO SECTION 25-1.5-103 (1)(a) IS
ENCOURAGED TO APPOINT A CONSUMER TO SERVE AS A NONVOTING
MEMBER OF THE PROFESSIONAL REVIEW COMMITTEE, SO LONG AS THE
CONSUMER COMPLIES WITH THE HOSPITAL'S CONFLICT OF INTEREST
POLICIES, ENTERS INTO A CONFIDENTIALITY AGREEMENT ACCEPTABLE TO
THE HOSPITAL, AND ENTERS INTO A BUSINESS ASSOCIATE AGREEMENT IN
ACCORDANCE WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY
AND ACCOUNTABILITY ACT OF 1996", PUB.L. 104-191, AS AMENDED.
(8) The written bylaws, policies, or procedures of any
professional review committee for persons licensed under article 240 of
this title 12 or advanced practice nurses must provide for at least the
following:
(f) The professional review committee shall forward a copy of
any recommendations made pursuant to subsection (8)(d) of this section
promptly to the medical board if the subject of the investigation is
licensed under article 240 of this title 12, or to the nursing board if the
subject of the investigation is an advanced practice nurse.
(18) (a) ORIGINAL SOURCE DOCUMENTS ARE NOT PROTECTED
FROM SUBPOENA, DISCOVERY, OR USE IN ANY CIVIL ACTION MERELY
BECAUSE THEY WERE CONSIDERED BY OR PRESENTED TO A PROFESSIONAL
REVIEW COMMITTEE. ORIGINAL SOURCE DOCUMENTS ARE SUBJECT TO
SUBPOENA OR DISCOVERY ONLY FROM THE ORIGINAL SOURCES AND ARE
PROTECTED FROM SUBPOENA OR DISCOVERY FROM THE PROFESSIONAL
REVIEW FILES OF A PROFESSIONAL REVIEW COMMITTEE OF AN
AUTHORIZED ENTITY EXCEPT AS PROVIDED BELOW:
(I) UPON SUBPOENA OR REQUEST FOR DISCOVERY FOR ORIGINAL
SOURCE DOCUMENTS, AN AUTHORIZED ENTITY SHALL PROVIDE A LOG OF
ALL ORIGINAL SOURCE DOCUMENTS CONTAINED IN THE AUTHORIZED
ENTITY'S PROFESSIONAL REVIEW FILES INCLUDING THE SOURCE AND
NATURE OF EACH ORIGINAL SOURCE DOCUMENT;
(II) THE INDIVIDUAL PATIENT IN INTEREST IN A CIVIL ACTION BY
SUCH PERSON, NEXT FRIEND, OR LEGAL REPRESENTATIVE MAY SUBPOENA
OR SEEK DISCOVERY OF ANY ORIGINAL SOURCE DOCUMENT IDENTIFIED ON
THE AUTHORIZED ENTITY'S PROFESSIONAL REVIEW COMMITTEE LOG ONLY
IF THE ORIGINAL SOURCE DOCUMENT WAS NOT PRODUCED IN RESPONSE TO
A PRIOR SUBPOENA OR DISCOVERY REQUEST TO THE ORIGINAL SOURCE;
AND
(b) THIS SUBSECTION (17) DOES NOT RELIEVE ANY PARTY OF
THEIR OBLIGATION UNDER THE COLORADO RULES OF CIVIL PROCEDURE.".
Renumber succeeding sections accordingly.
Page 6, strike lines 26 and 27 and substitute:
"(II) DETERMINE THE DE-IDENTIFIED INFORMATION REGARDING
INVESTIGATIONS AND OUTCOMES A GOVERNING BOARD IS REQUIRED TO
REPORT; AND".
Page 7, line 19, strike " and 7" and substitute "through 9".
Page 7, line 20, strike "and 7" and substitute "through 9".
The amendment was passed on the following roll call vote:
YES 35 NO 0 EXCUSED 0 ABSENT 0
Bridges Y Foote Y Marble Y Story Y
Cooke Y Gardner Y Moreno Y Tate Y
Coram Y Ginal Y Pettersen Y Todd Y
Court Y Gonzales Y Priola Y Williams A. Y
Crowder Y Hill Y Rankin Y Winter Y
Danielson Y Hisey Y Rodriguez Y Woodward Y
Donovan Y Holbert Y Scott Y Zenzinger Y
Fenberg Y Lee Y Smallwood Y President Y
Fields Y Lundeen Y Sonnenberg Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 35 NO 0 EXCUSED 0 ABSENT 0
Bridges Y Foote Y Marble Y Story Y
Cooke Y Gardner Y Moreno Y Tate Y
Coram Y Ginal Y Pettersen Y Todd Y
Court Y Gonzales Y Priola Y Williams A. Y
Crowder Y Hill Y Rankin Y Winter Y
Danielson Y Hisey Y Rodriguez Y Woodward Y
Donovan Y Holbert Y Scott Y Zenzinger Y
Fenberg Y Lee Y Smallwood Y President Y
Fields Y Lundeen Y Sonnenberg Y