SB 365 IN Became Law
Immunity for physician wellness programs.
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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)
- Michael Crider Republican · author
- Ed Charbonneau Republican · author
- Donna Schaibley · sponsor
4 coauthors / cosponsors
- Lonnie Randolph Democratic · coauthor
- Shelli Yoder Democratic · coauthor
- Rita Fleming · cosponsor
- Brad Barrett Republican · cosponsor
Action history (24)
- Jan 11, 2021 Authored by Senator Crider · upper
- Jan 11, 2021 First reading: referred to Committee on Health and Provider Services · upper
- Feb 9, 2021 Senator Charbonneau added as second author · upper
- Feb 18, 2021 Committee report: amend do pass, adopted · upper
- Feb 22, 2021 Senator Randolph added as coauthor · upper
- Feb 22, 2021 Second reading: ordered engrossed · upper
- Feb 23, 2021 House sponsor: Representative Schaibley · upper
- Feb 23, 2021 Third reading: passed; Roll Call 195: yeas 47, nays 0 · upper
- Feb 24, 2021 Referred to the House · upper
- Mar 4, 2021 First reading: referred to Committee on Judiciary · lower
- Mar 16, 2021 Representative Fleming added as cosponsor · lower
- Mar 22, 2021 Representative Barrett added as cosponsor · lower
- Mar 25, 2021 Committee report: amend do pass, adopted · lower
- Mar 29, 2021 Second reading: ordered engrossed · lower
- Mar 30, 2021 Third reading: passed; Roll Call 336: yeas 92, nays 1 · lower
- Mar 31, 2021 Returned to the Senate with amendments · lower
- Mar 31, 2021 Motion to concur filed · upper
- Apr 1, 2021 Senator Yoder added as coauthor · upper
- Apr 5, 2021 Senate concurred in House amendments; Roll Call 344: yeas 47, nays 0 · upper
- Apr 12, 2021 Signed by the President Pro Tempore · upper
- Apr 13, 2021 Signed by the Speaker · lower
- Apr 21, 2021 Signed by the President of the Senate · upper
- Apr 22, 2021 Signed by the Governor · executive
- Apr 22, 2021 Public Law 101 · upper
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.
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