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Raised Bill No.

Referred to Committee on
LCO No. 3755
Introduced by(INS)

General Assembly
January Session, A. D. , 1995


Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 19a-17b of the general statutes is repealed and the following is substituted in lieu thereof:

(a) For the purposes of this section:

(1) "Health care provider" means any person, corporation, facility or institution operated, owned or licensed by this state to provide health care or professional services, or an officer, employee or agent thereof acting in the course and scope of his employment.

(2) "Peer review" means the procedure for evaluation by health care professionals of the quality and efficiency of services ordered or performed by other health care professionals, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review and claims review.

(3) "Professional society" includes medical, psychological, nursing, dental, natureopathic, osteopathic, optometric, pharmaceutical, chiropractic, [and] podiatric AND PHYSICAL THERAPY organizations as well as individual practice associations as defined in Section 300e-1(5) of the Public Health Service Act, 42 USC 300e-1(5), as amended, having as members at least a majority of the eligible licentiates in the area or health care facility or agency served by the particular society. FOR THE PURPOSE OF THIS SECTION, PHYSICAL THERAPY ORGANIZATIONS SHALL ONLY NEED TWENTY-FIVE PER CENT OF THE ELIGIBLE LICENTIATES IN THE AREA SERVED BY THE PARTICULAR SOCIETY.

(4) "Medical review committee" shall include any committee of a state or local professional society or a committee of any health care institution established pursuant to written bylaws, and any utilization review committee established pursuant to Public Law 89-97, and a professional standards review organization or a state-wide professional standards review council, established pursuant to Public Law 92-603, engaging in peer review, to gather and review information relating to the care and treatment of patients for the purposes of (A) evaluating and improving the quality of health care rendered; (B) reducing morbidity or mortality; or (C) establishing and enforcing guidelines designed to keep within reasonable bounds the cost of health care. It shall also mean any hospital board or committee reviewing the professional qualifications or activities of its medical staff or applicants for admission thereto.

(b) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person who provides testimony, information, records, documents, reports, proceedings, minutes or conclusions to any hospital, hospital medical staff, professional society, medical or dental school, professional licensing board or medical review committee when such communication is intended to aid in the evaluation of the qualifications, fitness or character of a health care provider and does not represent as true any matter not reasonably believed to be true.

(c) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a medical review committee for any act or proceeding undertaken or performed within the scope of any such committee's functions provided that such member has taken action or made recommendations without malice and in the reasonable belief that the act or recommendation was warranted.

(d) The proceedings of a medical review committee conducting a peer review shall not be subject to discovery or introduction into evidence in any civil action for or against a health care provider arising out of the matters which are subject to evaluation and review by such committee, and no person who was in attendance at a meeting of such committee shall be permitted or required to testify in any such civil action as to the content of such proceedings; provided the provisions of this subsection shall not preclude (1) in any civil action, the use of any writing which was recorded independently of such proceedings; (2) in any civil action, the testimony of any person concerning the facts which formed the basis for the institution of such proceedings of which he had personal knowledge acquired independently of such proceedings; (3) in any health care provider proceedings concerning the termination or restriction of staff privileges, other than peer review, the use of data discussed or developed during peer review proceedings; or (4) in any civil action, disclosure of the fact that staff privileges were terminated or restricted, including the specific restriction imposed, if any.

Sec. 2. Section 20-66 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in this chapter:

(1) "Physical therapist" means a person licensed to practice physical therapy in Connecticut as defined in subdivision (2) of this section;

(2) "Physical therapy" means the evaluation and treatment of any person by the employment of the effective properties of physical measures, the performance of tests and measurements as an aid to evaluation of function and the use of therapeutic exercises and rehabilitative procedures, with or without assistive devices, for the purpose of preventing, correcting or alleviating a physical or mental disability. Physical therapy includes the establishment and modification of physical therapy programs, treatment planning, instruction, PEER REVIEW and consultative services. The term "physical therapy" does not include the use of cauterization or the use of Roentgen rays or radium for diagnostic or therapeutic purposes; and

(3) "Physical therapist assistant" means a graduate of a physical therapist assistant program licensed by the Connecticut Board of Governors for Higher Education or approved by the American Physical Therapy Association or other professional accrediting association approved by the United States Department of Education and recognized by the commissioner of public health and addiction services or a person who has completed twenty years of employment as a physical therapist assistant prior to October 1, 1989.

STATEMENT OF PURPOSE: To allow physical therapists to do peer review for insurance companies.

[Proposed deletions are enclosed in brackets. Proposed additions are all capitalized or underlined where appropriate, except that when the entire text of a bill or resolution or a section thereof is new, it is not capitalized or underlined. ]