California Business and Professions Code

§ 809.05

BPC § 809.05Div. 2 · Ch. 1 · Art. 11

Statute text

It is the policy of this state that peer review be performed by licentiates. This policy is subject to the following limitations:

(a)The governing bodies of acute care hospitals have a legitimate function in the peer review process. In all peer review matters, the governing body shall give great weight to the actions of peer review bodies and, in no event, shall act in an arbitrary or capricious manner.

(b)In those instances in which the peer review body’s failure to investigate, or initiate disciplinary action, is contrary to the weight of the evidence, the governing body shall have the authority to direct the peer review body to initiate an investigation or a disciplinary action, but only after consultation with the peer review body. No such action shall be taken in an unreasonable manner.

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Legislative history

Added by Stats. 1989, Ch. 354, Sec. 2. Note: Stats. 1989, Ch. 336, Sec. 1.5, would have added a similar section on Jan. 1, 1990, but that action was effectively nullified by Stats. 1989, Ch. 354, Sec. 3.