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HOUSE DOCKET, NO. 102 FILED ON: 1/9/2023
HOUSE . . . . . . . . . . . . . . . No. 1747
The Commonwealth of Massachusetts
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PRESENTED BY:
Jeffrey N. Roy
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to amend the medical peer review law.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/4/2023 1 of 3
HOUSE DOCKET, NO. 102 FILED ON: 1/9/2023
HOUSE . . . . . . . . . . . . . . . No. 1747
By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1747) of Jeffrey
N. Roy relative to the medical peer review law. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to amend the medical peer review law.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1: Chapter 111, Section 204 is hereby amended by deleting paragraph (e) and
2replacing paragraph (a) through (d) with the following:
3 Section 204. (a) Except as otherwise provided in this section, the proceedings, reports and
4records of a medical peer review committee shall be confidential and shall be exempt from the
5disclosure of public records under section 10 of chapter 66, except reports or records of such
6proceedings, including any records as to the identities, positions and/or roles of the participants
7and/or attendees at such proceedings (i) shall be made available upon request by an injured
8person whose medical care is the subject of such proceedings, by the health care proxy for such
9injured person; by the next of kin of a deceased person whose medical care is the subject of such
10proceedings; by a personal representative of such deceased person; and/or by the attorney for the
11injured person or personal representative of a deceased person; and (ii) shall be subject to
12subpoena or a discovery request and used to refresh a witness’ recollection, in any judicial or
13administrative proceeding involving a physician or other medical provider who is the subject of 2 of 3
14such peer review meeting and/or who is a party to a medical malpractice action. The peer review
15report shall be inadmissible as evidence in any judicial or administrative proceeding, unless the
16maker of the statement, or a defense expert witness, when questioned under oath during the
17litigation about facts and opinions regarding any mistakes or errors that occurred, makes a
18contradictory or inconsistent statement as to material facts determined or opinions rendered
19during the peer review process, in which case the statements and opinions made about the
20mistake or error shall be admissible for all purposes.
21 (b) A person who testifies before such committee shall not be prevented from testifying
22in a subsequent action or proceeding as to matters known to such person independent of the
23committee’s proceedings, and/or as to that person’s testimony before such committee. Any
24person who is in attendance at a meeting of a medical peer review committee shall be permitted
25or required to testify in any subsequent judicial or administrative proceeding or medical
26malpractice action as to the proceedings of such committee or as to any findings,
27recommendations, evaluations, opinions, deliberations or other actions of such committee or any
28members thereof.
29 (c) Documents, incident reports or records otherwise available from original sources shall
30not be immune from subpoena, discovery or use in any such judicial or administrative
31proceeding or medical malpractice action merely because they were presented to such committee
32in connection with its proceedings. Nor shall the proceedings, reports, findings and records of a
33medical peer review committee be immune from subpoena, discovery or use as evidence in any
34proceeding against a member of such committee to establish a cause of action pursuant to section
3585N of chapter 231 or to any investigation or administrative proceeding conducted by the boards 3 of 3
36of registration in medicine, pharmacy, social work or psychology or by the department of public
37health pursuant to chapter 111C.
38 (d) A court may place reasonable restrictions on the use which may be made of the
39information obtained hereunder so as to maintain, so far as necessary or practicable, the
40confidentiality of such information or the privacy of the individuals involved, or to preclude such
41information from disclosure to the public at large.