(1) Any
health care provider as defined in RCW 7.70.020 (1) and (2) who,
in good faith, files charges or presents evidence against another
member of their profession based on the claimed incompetency or
gross misconduct of such person before a regularly constituted
review committee or board of a professional society or hospital
whose duty it is to evaluate the competency and qualifications of
members of the profession, including limiting the extent of
practice of such person in a hospital or similar institution, or
before a regularly constituted committee or board of a hospital
whose duty it is to review and evaluate the quality of patient
care and any person or entity who, in good faith, shares any
information or documents with one or more other committees,
boards, or programs under subsection (2) of this section, shall
be immune from civil action for damages arising out of such
activities. For the purposes of this section, sharing
information is presumed to be in good faith. However, the
presumption may be rebutted upon a showing of clear, cogent, and
convincing evidence that the information shared was knowingly
false or deliberately misleading. The proceedings, reports, and
written records of such committees or boards, or of a member,
employee, staff person, or investigator of such a committee or
board, are not subject to review or disclosure, or subpoena or
discovery proceedings in any civil action, except actions arising
out of the recommendations of such committees or boards involving
the restriction or revocation of the clinical or staff privileges
of a health care provider as defined in RCW 7.70.020 (1) and (2).
(2) A coordinated quality improvement program maintained in
accordance with RCW 43.70.510 or 70.41.200, a quality assurance
committee maintained in accordance with RCW 18.20.390 or 74.42.640, or any committee or board under subsection (1) of this
section may share information and documents, including complaints
and incident reports, created specifically for, and collected and
maintained by, a coordinated quality improvement committee or
committees or boards under subsection (1) of this section, with
one or more other coordinated quality improvement programs or
committees or boards under subsection (1) of this section for the
improvement of the quality of health care services rendered to
patients and the identification and prevention of medical
malpractice. The privacy protections of chapter 70.02 RCW and
the federal health insurance portability and accountability act
of 1996 and its implementing regulations apply to the sharing of
individually identifiable patient information held by a
coordinated quality improvement program. Any rules necessary to
implement this section shall meet the requirements of applicable
federal and state privacy laws. Information and documents
disclosed by one coordinated quality improvement program or
committee or board under subsection (1) of this section to
another coordinated quality improvement program or committee or
board under subsection (1) of this section and any information
and documents created or maintained as a result of the sharing of
information and documents shall not be subject to the discovery
process and confidentiality shall be respected as required by
subsection (1) of this section and by RCW 43.70.510(4),70.41.200
(3), 18.20.390 (6) and (8), and 74.42.640 (7) and (9).
[2005 c 291 § 1; 2005 c 33 § 5; 2004 c 145 § 1; 1981 c 181 § 1; 1979 c 17 § 1; 1977 c 68 § 1; 1975 1st ex.s. c 114 § 2; 1971 ex.s. c 144 § 1.]
NOTES:
Reviser's note: This section was amended by 2005 c 33 § 5 and by 2005 c 291 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings -- 2005 c 33: See note following RCW 18.20.390.