1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3199 By: Newton
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6 AS INTRODUCED
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7 An Act relating to public health and safety; amending
7 63 O.S. 2021, Section 1-1709.1, which relates to peer
8 review; adding to the health care professionals
8 definition; and providing an effective date.
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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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12 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1709.1, is
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13 amended to read as follows:
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14 Section 1-1709.1 A. As used in this section:
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15 1. "Credentialing or recredentialing data" means:
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16 a. the application submitted by a health care
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17 professional requesting appointment or reappointment
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18 to the medical staff of a health care entity or
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19 requesting clinical privileges or other permission to
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20 provide health care services at a health care entity,
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21 b. any information submitted by the health care
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22 professional in support of such application,
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23 c. any information, unless otherwise privileged, obtained
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24 by the health care entity during the credentialing or
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 1 recredentialing process regarding such application,
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2 and
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3 d. the decision made by the health care entity regarding
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4 such application;
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5 2. "Credentialing or recredentialing process" means any
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6 process, program or proceeding utilized by a health care entity to
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7 assess, review, study or evaluate the credentials of a health care
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8 professional;
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9 3. "Health care entity" means:
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10 a. any hospital or related institution offering or
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11 providing health care services under a license issued
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12 pursuant to Section 1-706 of this title,
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13 b. any ambulatory surgical center offering or providing
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14 health care services under a license issued pursuant
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15 to Section 2660 of this title,
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16 c. the clinical practices of accredited allopathic and
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17 osteopathic state medical schools, and
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18 d. any other entity directly involved in the delivery of
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19 health care services that engages in a credentialing
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20 or peer review process;
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21 4. "Health care professional" means any person authorized to
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22 practice allopathic medicine and surgery, osteopathic medicine,
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23 podiatric medicine, optometry, chiropractic, psychology, dentistry,
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24 or a dental specialty, a physician assistant, or an advanced
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 1 practice registered nurse under a license issued pursuant to Title
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2 59 of the Oklahoma Statutes;
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3 5. "Peer review information" means all records, documents and
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4 other information generated during the course of a peer review
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5 process, including any reports, statements, memoranda,
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6 correspondence, record of proceedings, materials, opinions,
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7 findings, conclusions and recommendations, credentialing data and
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8 recredentialing data, but does not include:
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9 a. the medical records of a patient whose health care in
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10 a health care entity is being reviewed,
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11 b. incident reports and other like documents regarding
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12 health care services being reviewed, regardless of how
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13 the reports or documents are titled or captioned,
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14 c. the identity of any individuals who have personal
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15 knowledge regarding the facts and circumstances
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16 surrounding the patient's health care in the health
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17 care entity,
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18 d. factual statements regarding the patient's health care
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19 in the health care entity from any individuals who
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20 have personal knowledge regarding the facts and
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21 circumstances surrounding the patient's health care,
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22 which factual statements were generated outside the
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23 peer review process,
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 1 e. the identity of all documents and raw data previously
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2 created elsewhere and considered during the peer
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3 review process, or
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4 f. copies of all documents and raw data previously
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5 created elsewhere and considered during the peer
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6 review process, whether available elsewhere or not;
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7 and
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8 6. "Peer review process" means any process, program or
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9 proceeding, including a credentialing or recredentialing process,
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10 utilized by a health care entity or county medical society to
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11 assess, review, study or evaluate the credentials, competence,
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12 professional conduct or health care services of a health care
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13 professional.
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14 B. 1. Peer review information shall be private, confidential
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15 and privileged except that a health care entity or county medical
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16 society shall be permitted to provide relevant peer review
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17 information to the state agency or board which licensed the health
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18 care professional who provided the health care services being
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19 reviewed in a peer review process or who is the subject of a
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20 credentialing or recredentialing process, with notice to the health
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21 care professional.
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22 2. Nothing in this section shall be construed to abrogate,
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23 alter or affect any provision in the Oklahoma Statutes which
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24 provides that information regarding liability insurance of a health
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 1 care entity or health care professional is not discoverable or
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2 admissible.
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3 C. In any civil action in which a patient or patient's legal
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4 representative has alleged that the patient has suffered injuries
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5 resulting from negligence by a health care professional in providing
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6 health care services to the patient in a health care entity, factual
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7 statements, presented during a peer review process utilized by such
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8 health care entity, regarding the patient's health care in the
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9 health care entity from individuals who have personal knowledge of
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10 the facts and circumstances surrounding the patient's health care
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11 shall not be subject to discovery.
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12 D. 1. In any civil action in which a patient or patient's
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13 legal representative has alleged that the health care entity was
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14 independently negligent as a result of permitting the health care
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15 professional to provide health care services to the patient in the
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16 health care entity, the credentialing and recredentialing data, and
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17 the recommendations made and action taken as a result of any peer
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18 review process utilized by such health care entity regarding the
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19 health care professional prior to the date of the alleged negligence
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20 shall be subject to discovery pursuant to the Oklahoma Discovery
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21 Code.
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22 2. Any information discovered pursuant to this subsection:
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23 a. shall not be admissible as evidence until a judge or
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24 jury has first found the health care professional to
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 1 have been negligent in providing health care services
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2 to the patient in such health care entity, and
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3 b. shall not at any time include the identity or means by
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4 which to ascertain the identity of any other patient
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5 or health care professional.
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6 E. No person involved in a peer review process may be permitted
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7 or required to testify regarding the peer review process in any
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8 civil proceeding or disclose by responses to written discovery
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9 requests any peer review information.
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10 SECTION 2. This act shall become effective November 1, 2024.
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12 59-2-8961 TJ 12/07/23
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