Amended IN Assembly March 14, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2225Introduced by Assembly Member RodriguezFebruary 07, 2024 An act to amend Section 1157 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 2225, as amended, Rodriguez. Discovery: emergency medical services prehospital emergency medical care person or personnel review committees.Existing law exempts from discovery as evidence the proceedings and records of specified organized committees of health care professionals and review committees having the responsibility of evaluation and improvement of the quality of care.This bill would extend this exemption, for purposes of civil proceedings only, to the proceedings and records of emergency medical services prehospital emergency medical care person or personnel organized committees and review committees, as described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1157 of the Evidence Code is amended to read:1157. (a) Neither the proceedings nor the records of organized committees of medical, medical-dental, podiatric, registered dietitian, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, prehospital emergency medical care person or personnel, or veterinary staffs, or emergency medical services in hospitals, or of a peer review body, as defined in Section 805 of the Business and Professions Code, having the responsibility of evaluation and improvement of the quality of care rendered in the hospital, or for that peer review body, or medical or dental review or dental hygienist review or chiropractic review or podiatric review or registered dietitian review or pharmacist review or veterinary review or acupuncturist review or licensed midwife review or emergency medical services review or prehospital emergency medical care person or personnel review committees of local medical, dental, dental hygienist, podiatric, dietetic, pharmacist, veterinary, acupuncture, chiropractic, or emergency medical services prehospital emergency medical care person or personnel societies, marriage and family therapist, licensed clinical social worker, professional clinical counselor, or psychological review committees of state or local marriage and family therapist, state or local licensed clinical social worker, state or local licensed professional clinical counselor, or state or local psychological associations or societies or licensed midwife associations or societies having the responsibility of evaluation and improvement of the quality of care, shall be subject to discovery.(b) Except as hereinafter provided, a person in attendance at a meeting of any of the committees described in subdivision (a) shall not be required to testify as to what transpired at that meeting.(c) The prohibition relating to discovery or testimony does not apply to the statements made by a person in attendance at a meeting of any of the committees described in subdivision (a) if that person is a party to an action or proceeding the subject matter of which was reviewed at that meeting, to a person requesting hospital staff privileges, or in an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits.(d) The prohibitions in this section do not apply to medical, dental, dental hygienist, podiatric, dietetic, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, veterinary, acupuncture, midwifery, chiropractic, or emergency medical services prehospital emergency medical care person or personnel society committees that exceed 10 percent of the membership of the society, nor to any of those committees if a person serves upon the committee when his or her own conduct or practice is being reviewed.(e) The amendments made to this section by Chapter 1081 of the Statutes of 1983, or at the 1985 portion of the 198586 Regular Session of the Legislature, at the 1990 portion of the 198990 Regular Session of the Legislature, at the 2000 portion of the 19992000 Regular Session of the Legislature, at the 2011 portion of the 201112 Regular Session of the Legislature, at the 2015 portion of the 201516 Regular Session of the Legislature, or at the 2024 portion of the 202324 Regular Session of the Legislature, do not exclude the discovery or use of relevant evidence in a criminal action.(f) For purposes of this section, prehospital emergency medical care person or personnel has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1797.188 of the Health and Safety Code.
Amended IN Assembly March 14, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2225Introduced by Assembly Member RodriguezFebruary 07, 2024 An act to amend Section 1157 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 2225, as amended, Rodriguez. Discovery: emergency medical services prehospital emergency medical care person or personnel review committees.Existing law exempts from discovery as evidence the proceedings and records of specified organized committees of health care professionals and review committees having the responsibility of evaluation and improvement of the quality of care.This bill would extend this exemption, for purposes of civil proceedings only, to the proceedings and records of emergency medical services prehospital emergency medical care person or personnel organized committees and review committees, as described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 14, 2024
Amended IN Assembly March 14, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2225
Introduced by Assembly Member RodriguezFebruary 07, 2024
Introduced by Assembly Member Rodriguez
February 07, 2024
An act to amend Section 1157 of the Evidence Code, relating to evidence.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2225, as amended, Rodriguez. Discovery: emergency medical services prehospital emergency medical care person or personnel review committees.
Existing law exempts from discovery as evidence the proceedings and records of specified organized committees of health care professionals and review committees having the responsibility of evaluation and improvement of the quality of care.This bill would extend this exemption, for purposes of civil proceedings only, to the proceedings and records of emergency medical services prehospital emergency medical care person or personnel organized committees and review committees, as described above.
Existing law exempts from discovery as evidence the proceedings and records of specified organized committees of health care professionals and review committees having the responsibility of evaluation and improvement of the quality of care.
This bill would extend this exemption, for purposes of civil proceedings only, to the proceedings and records of emergency medical services prehospital emergency medical care person or personnel organized committees and review committees, as described above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1157 of the Evidence Code is amended to read:1157. (a) Neither the proceedings nor the records of organized committees of medical, medical-dental, podiatric, registered dietitian, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, prehospital emergency medical care person or personnel, or veterinary staffs, or emergency medical services in hospitals, or of a peer review body, as defined in Section 805 of the Business and Professions Code, having the responsibility of evaluation and improvement of the quality of care rendered in the hospital, or for that peer review body, or medical or dental review or dental hygienist review or chiropractic review or podiatric review or registered dietitian review or pharmacist review or veterinary review or acupuncturist review or licensed midwife review or emergency medical services review or prehospital emergency medical care person or personnel review committees of local medical, dental, dental hygienist, podiatric, dietetic, pharmacist, veterinary, acupuncture, chiropractic, or emergency medical services prehospital emergency medical care person or personnel societies, marriage and family therapist, licensed clinical social worker, professional clinical counselor, or psychological review committees of state or local marriage and family therapist, state or local licensed clinical social worker, state or local licensed professional clinical counselor, or state or local psychological associations or societies or licensed midwife associations or societies having the responsibility of evaluation and improvement of the quality of care, shall be subject to discovery.(b) Except as hereinafter provided, a person in attendance at a meeting of any of the committees described in subdivision (a) shall not be required to testify as to what transpired at that meeting.(c) The prohibition relating to discovery or testimony does not apply to the statements made by a person in attendance at a meeting of any of the committees described in subdivision (a) if that person is a party to an action or proceeding the subject matter of which was reviewed at that meeting, to a person requesting hospital staff privileges, or in an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits.(d) The prohibitions in this section do not apply to medical, dental, dental hygienist, podiatric, dietetic, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, veterinary, acupuncture, midwifery, chiropractic, or emergency medical services prehospital emergency medical care person or personnel society committees that exceed 10 percent of the membership of the society, nor to any of those committees if a person serves upon the committee when his or her own conduct or practice is being reviewed.(e) The amendments made to this section by Chapter 1081 of the Statutes of 1983, or at the 1985 portion of the 198586 Regular Session of the Legislature, at the 1990 portion of the 198990 Regular Session of the Legislature, at the 2000 portion of the 19992000 Regular Session of the Legislature, at the 2011 portion of the 201112 Regular Session of the Legislature, at the 2015 portion of the 201516 Regular Session of the Legislature, or at the 2024 portion of the 202324 Regular Session of the Legislature, do not exclude the discovery or use of relevant evidence in a criminal action.(f) For purposes of this section, prehospital emergency medical care person or personnel has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1797.188 of the Health and Safety Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1157 of the Evidence Code is amended to read:1157. (a) Neither the proceedings nor the records of organized committees of medical, medical-dental, podiatric, registered dietitian, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, prehospital emergency medical care person or personnel, or veterinary staffs, or emergency medical services in hospitals, or of a peer review body, as defined in Section 805 of the Business and Professions Code, having the responsibility of evaluation and improvement of the quality of care rendered in the hospital, or for that peer review body, or medical or dental review or dental hygienist review or chiropractic review or podiatric review or registered dietitian review or pharmacist review or veterinary review or acupuncturist review or licensed midwife review or emergency medical services review or prehospital emergency medical care person or personnel review committees of local medical, dental, dental hygienist, podiatric, dietetic, pharmacist, veterinary, acupuncture, chiropractic, or emergency medical services prehospital emergency medical care person or personnel societies, marriage and family therapist, licensed clinical social worker, professional clinical counselor, or psychological review committees of state or local marriage and family therapist, state or local licensed clinical social worker, state or local licensed professional clinical counselor, or state or local psychological associations or societies or licensed midwife associations or societies having the responsibility of evaluation and improvement of the quality of care, shall be subject to discovery.(b) Except as hereinafter provided, a person in attendance at a meeting of any of the committees described in subdivision (a) shall not be required to testify as to what transpired at that meeting.(c) The prohibition relating to discovery or testimony does not apply to the statements made by a person in attendance at a meeting of any of the committees described in subdivision (a) if that person is a party to an action or proceeding the subject matter of which was reviewed at that meeting, to a person requesting hospital staff privileges, or in an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits.(d) The prohibitions in this section do not apply to medical, dental, dental hygienist, podiatric, dietetic, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, veterinary, acupuncture, midwifery, chiropractic, or emergency medical services prehospital emergency medical care person or personnel society committees that exceed 10 percent of the membership of the society, nor to any of those committees if a person serves upon the committee when his or her own conduct or practice is being reviewed.(e) The amendments made to this section by Chapter 1081 of the Statutes of 1983, or at the 1985 portion of the 198586 Regular Session of the Legislature, at the 1990 portion of the 198990 Regular Session of the Legislature, at the 2000 portion of the 19992000 Regular Session of the Legislature, at the 2011 portion of the 201112 Regular Session of the Legislature, at the 2015 portion of the 201516 Regular Session of the Legislature, or at the 2024 portion of the 202324 Regular Session of the Legislature, do not exclude the discovery or use of relevant evidence in a criminal action.(f) For purposes of this section, prehospital emergency medical care person or personnel has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1797.188 of the Health and Safety Code.
SECTION 1. Section 1157 of the Evidence Code is amended to read:
### SECTION 1.
1157. (a) Neither the proceedings nor the records of organized committees of medical, medical-dental, podiatric, registered dietitian, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, prehospital emergency medical care person or personnel, or veterinary staffs, or emergency medical services in hospitals, or of a peer review body, as defined in Section 805 of the Business and Professions Code, having the responsibility of evaluation and improvement of the quality of care rendered in the hospital, or for that peer review body, or medical or dental review or dental hygienist review or chiropractic review or podiatric review or registered dietitian review or pharmacist review or veterinary review or acupuncturist review or licensed midwife review or emergency medical services review or prehospital emergency medical care person or personnel review committees of local medical, dental, dental hygienist, podiatric, dietetic, pharmacist, veterinary, acupuncture, chiropractic, or emergency medical services prehospital emergency medical care person or personnel societies, marriage and family therapist, licensed clinical social worker, professional clinical counselor, or psychological review committees of state or local marriage and family therapist, state or local licensed clinical social worker, state or local licensed professional clinical counselor, or state or local psychological associations or societies or licensed midwife associations or societies having the responsibility of evaluation and improvement of the quality of care, shall be subject to discovery.(b) Except as hereinafter provided, a person in attendance at a meeting of any of the committees described in subdivision (a) shall not be required to testify as to what transpired at that meeting.(c) The prohibition relating to discovery or testimony does not apply to the statements made by a person in attendance at a meeting of any of the committees described in subdivision (a) if that person is a party to an action or proceeding the subject matter of which was reviewed at that meeting, to a person requesting hospital staff privileges, or in an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits.(d) The prohibitions in this section do not apply to medical, dental, dental hygienist, podiatric, dietetic, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, veterinary, acupuncture, midwifery, chiropractic, or emergency medical services prehospital emergency medical care person or personnel society committees that exceed 10 percent of the membership of the society, nor to any of those committees if a person serves upon the committee when his or her own conduct or practice is being reviewed.(e) The amendments made to this section by Chapter 1081 of the Statutes of 1983, or at the 1985 portion of the 198586 Regular Session of the Legislature, at the 1990 portion of the 198990 Regular Session of the Legislature, at the 2000 portion of the 19992000 Regular Session of the Legislature, at the 2011 portion of the 201112 Regular Session of the Legislature, at the 2015 portion of the 201516 Regular Session of the Legislature, or at the 2024 portion of the 202324 Regular Session of the Legislature, do not exclude the discovery or use of relevant evidence in a criminal action.(f) For purposes of this section, prehospital emergency medical care person or personnel has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1797.188 of the Health and Safety Code.
1157. (a) Neither the proceedings nor the records of organized committees of medical, medical-dental, podiatric, registered dietitian, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, prehospital emergency medical care person or personnel, or veterinary staffs, or emergency medical services in hospitals, or of a peer review body, as defined in Section 805 of the Business and Professions Code, having the responsibility of evaluation and improvement of the quality of care rendered in the hospital, or for that peer review body, or medical or dental review or dental hygienist review or chiropractic review or podiatric review or registered dietitian review or pharmacist review or veterinary review or acupuncturist review or licensed midwife review or emergency medical services review or prehospital emergency medical care person or personnel review committees of local medical, dental, dental hygienist, podiatric, dietetic, pharmacist, veterinary, acupuncture, chiropractic, or emergency medical services prehospital emergency medical care person or personnel societies, marriage and family therapist, licensed clinical social worker, professional clinical counselor, or psychological review committees of state or local marriage and family therapist, state or local licensed clinical social worker, state or local licensed professional clinical counselor, or state or local psychological associations or societies or licensed midwife associations or societies having the responsibility of evaluation and improvement of the quality of care, shall be subject to discovery.(b) Except as hereinafter provided, a person in attendance at a meeting of any of the committees described in subdivision (a) shall not be required to testify as to what transpired at that meeting.(c) The prohibition relating to discovery or testimony does not apply to the statements made by a person in attendance at a meeting of any of the committees described in subdivision (a) if that person is a party to an action or proceeding the subject matter of which was reviewed at that meeting, to a person requesting hospital staff privileges, or in an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits.(d) The prohibitions in this section do not apply to medical, dental, dental hygienist, podiatric, dietetic, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, veterinary, acupuncture, midwifery, chiropractic, or emergency medical services prehospital emergency medical care person or personnel society committees that exceed 10 percent of the membership of the society, nor to any of those committees if a person serves upon the committee when his or her own conduct or practice is being reviewed.(e) The amendments made to this section by Chapter 1081 of the Statutes of 1983, or at the 1985 portion of the 198586 Regular Session of the Legislature, at the 1990 portion of the 198990 Regular Session of the Legislature, at the 2000 portion of the 19992000 Regular Session of the Legislature, at the 2011 portion of the 201112 Regular Session of the Legislature, at the 2015 portion of the 201516 Regular Session of the Legislature, or at the 2024 portion of the 202324 Regular Session of the Legislature, do not exclude the discovery or use of relevant evidence in a criminal action.(f) For purposes of this section, prehospital emergency medical care person or personnel has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1797.188 of the Health and Safety Code.
1157. (a) Neither the proceedings nor the records of organized committees of medical, medical-dental, podiatric, registered dietitian, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, prehospital emergency medical care person or personnel, or veterinary staffs, or emergency medical services in hospitals, or of a peer review body, as defined in Section 805 of the Business and Professions Code, having the responsibility of evaluation and improvement of the quality of care rendered in the hospital, or for that peer review body, or medical or dental review or dental hygienist review or chiropractic review or podiatric review or registered dietitian review or pharmacist review or veterinary review or acupuncturist review or licensed midwife review or emergency medical services review or prehospital emergency medical care person or personnel review committees of local medical, dental, dental hygienist, podiatric, dietetic, pharmacist, veterinary, acupuncture, chiropractic, or emergency medical services prehospital emergency medical care person or personnel societies, marriage and family therapist, licensed clinical social worker, professional clinical counselor, or psychological review committees of state or local marriage and family therapist, state or local licensed clinical social worker, state or local licensed professional clinical counselor, or state or local psychological associations or societies or licensed midwife associations or societies having the responsibility of evaluation and improvement of the quality of care, shall be subject to discovery.(b) Except as hereinafter provided, a person in attendance at a meeting of any of the committees described in subdivision (a) shall not be required to testify as to what transpired at that meeting.(c) The prohibition relating to discovery or testimony does not apply to the statements made by a person in attendance at a meeting of any of the committees described in subdivision (a) if that person is a party to an action or proceeding the subject matter of which was reviewed at that meeting, to a person requesting hospital staff privileges, or in an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits.(d) The prohibitions in this section do not apply to medical, dental, dental hygienist, podiatric, dietetic, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, veterinary, acupuncture, midwifery, chiropractic, or emergency medical services prehospital emergency medical care person or personnel society committees that exceed 10 percent of the membership of the society, nor to any of those committees if a person serves upon the committee when his or her own conduct or practice is being reviewed.(e) The amendments made to this section by Chapter 1081 of the Statutes of 1983, or at the 1985 portion of the 198586 Regular Session of the Legislature, at the 1990 portion of the 198990 Regular Session of the Legislature, at the 2000 portion of the 19992000 Regular Session of the Legislature, at the 2011 portion of the 201112 Regular Session of the Legislature, at the 2015 portion of the 201516 Regular Session of the Legislature, or at the 2024 portion of the 202324 Regular Session of the Legislature, do not exclude the discovery or use of relevant evidence in a criminal action.(f) For purposes of this section, prehospital emergency medical care person or personnel has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1797.188 of the Health and Safety Code.
1157. (a) Neither the proceedings nor the records of organized committees of medical, medical-dental, podiatric, registered dietitian, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, prehospital emergency medical care person or personnel, or veterinary staffs, or emergency medical services in hospitals, or of a peer review body, as defined in Section 805 of the Business and Professions Code, having the responsibility of evaluation and improvement of the quality of care rendered in the hospital, or for that peer review body, or medical or dental review or dental hygienist review or chiropractic review or podiatric review or registered dietitian review or pharmacist review or veterinary review or acupuncturist review or licensed midwife review or emergency medical services review or prehospital emergency medical care person or personnel review committees of local medical, dental, dental hygienist, podiatric, dietetic, pharmacist, veterinary, acupuncture, chiropractic, or emergency medical services prehospital emergency medical care person or personnel societies, marriage and family therapist, licensed clinical social worker, professional clinical counselor, or psychological review committees of state or local marriage and family therapist, state or local licensed clinical social worker, state or local licensed professional clinical counselor, or state or local psychological associations or societies or licensed midwife associations or societies having the responsibility of evaluation and improvement of the quality of care, shall be subject to discovery.
(b) Except as hereinafter provided, a person in attendance at a meeting of any of the committees described in subdivision (a) shall not be required to testify as to what transpired at that meeting.
(c) The prohibition relating to discovery or testimony does not apply to the statements made by a person in attendance at a meeting of any of the committees described in subdivision (a) if that person is a party to an action or proceeding the subject matter of which was reviewed at that meeting, to a person requesting hospital staff privileges, or in an action against an insurance carrier alleging bad faith by the carrier in refusing to accept a settlement offer within the policy limits.
(d) The prohibitions in this section do not apply to medical, dental, dental hygienist, podiatric, dietetic, psychological, marriage and family therapist, licensed clinical social worker, professional clinical counselor, pharmacist, veterinary, acupuncture, midwifery, chiropractic, or emergency medical services prehospital emergency medical care person or personnel society committees that exceed 10 percent of the membership of the society, nor to any of those committees if a person serves upon the committee when his or her own conduct or practice is being reviewed.
(e) The amendments made to this section by Chapter 1081 of the Statutes of 1983, or at the 1985 portion of the 198586 Regular Session of the Legislature, at the 1990 portion of the 198990 Regular Session of the Legislature, at the 2000 portion of the 19992000 Regular Session of the Legislature, at the 2011 portion of the 201112 Regular Session of the Legislature, at the 2015 portion of the 201516 Regular Session of the Legislature, or at the 2024 portion of the 202324 Regular Session of the Legislature, do not exclude the discovery or use of relevant evidence in a criminal action.
(f) For purposes of this section, prehospital emergency medical care person or personnel has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1797.188 of the Health and Safety Code.