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SB 365 IN
Became Law

Immunity for physician wellness programs.

IN · session 2021 · Senate · bill

A state bill is a proposed law in a state legislature — separate from the U.S. Congress. Learn more →

Introduced Jan 11, 2021

Latest action (Apr 22, 2021) Public Law 101

Summary

Defines "wellness program". Specifies that the proceedings and deliberations of a wellness program are confidential. Specifies certain exceptions. Provides that all minutes, records, reports, written expert opinions, written communications, and other comparable memoranda prepared or created by a wellness program are privileged. Specifies certain exceptions. Prohibits all wellness program personnel and participants from revealing or disclosing the substance of wellness program communications, records, and determinations to any person or entity outside of the wellness program. Specifies certain exceptions. Allows a court to order in writing the release of confidential or privileged information belonging to a wellness program after a hearing if the court makes specified findings. Provides that the exchange of confidential or privileged information or memoranda between wellness groups does not result in the waiver of applicable confidentiality and privilege provisions. Provides that confidentiality and privilege provisions applicable to certain records do not make the records inaccessible to people or entities that would otherwise be eligible to receive or access the records under existing state or federal law. Provides that the confidentiality and privilege provisions applicable to wellness groups do not abrogate, limit, or restrict any other privacy protection applicable to a patient or the patient's health or medical information. Specifies that certain individuals may not be named as a party in a civil suit in connection with certain actions taken with respect to a wellness program. Provides that a member, consultant, or participant who comprises or participates in a wellness program is not required to report a licensed physician to the medical licensing board for any act, omission, statement, discovery, or disclosure unless the licensed physician presents a threat to himself or herself, to his or her patients, or to the general public.

Sponsors (3)

4 coauthors / cosponsors

Action history (24)

  1. Jan 11, 2021 Authored by Senator Crider · upper
  2. Jan 11, 2021 First reading: referred to Committee on Health and Provider Services · upper
  3. Feb 9, 2021 Senator Charbonneau added as second author · upper
  4. Feb 18, 2021 Committee report: amend do pass, adopted · upper
  5. Feb 22, 2021 Senator Randolph added as coauthor · upper
  6. Feb 22, 2021 Second reading: ordered engrossed · upper
  7. Feb 23, 2021 House sponsor: Representative Schaibley · upper
  8. Feb 23, 2021 Third reading: passed; Roll Call 195: yeas 47, nays 0 · upper
  9. Feb 24, 2021 Referred to the House · upper
  10. Mar 4, 2021 First reading: referred to Committee on Judiciary · lower
  11. Mar 16, 2021 Representative Fleming added as cosponsor · lower
  12. Mar 22, 2021 Representative Barrett added as cosponsor · lower
  13. Mar 25, 2021 Committee report: amend do pass, adopted · lower
  14. Mar 29, 2021 Second reading: ordered engrossed · lower
  15. Mar 30, 2021 Third reading: passed; Roll Call 336: yeas 92, nays 1 · lower
  16. Mar 31, 2021 Returned to the Senate with amendments · lower
  17. Mar 31, 2021 Motion to concur filed · upper
  18. Apr 1, 2021 Senator Yoder added as coauthor · upper
  19. Apr 5, 2021 Senate concurred in House amendments; Roll Call 344: yeas 47, nays 0 · upper
  20. Apr 12, 2021 Signed by the President Pro Tempore · upper
  21. Apr 13, 2021 Signed by the Speaker · lower
  22. Apr 21, 2021 Signed by the President of the Senate · upper
  23. Apr 22, 2021 Signed by the Governor · executive
  24. Apr 22, 2021 Public Law 101 · upper
Subjects
CIVIL ACTIONS generallyCIVIL ACTIONS, Immunity and Exemption from LiabilityEVIDENCEHUMAN SERVICES, Regulation and Licensing of ProfessionalsPHYSICIANS AND SURGEONS

Text versions (4)

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

  • Enrolled Senate Bill (S) · Apr 6, 2021 · PDF
  • Introduced Senate Bill (S) · Jan 11, 2021 · PDF
  • Senate Bill (S) · Feb 18, 2021 · PDF
  • Senate Bill (H) · Mar 25, 2021 · PDF

Full text

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Data from OpenStates. View on OpenStates →