[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 47 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                 H. R. 47

To provide an antitrust exemption for medical self-regulatory entities 
when engaged in standard setting and enforcement activities designed to 
          promote the quality of care, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

  Mr. Archer introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide an antitrust exemption for medical self-regulatory entities 
when engaged in standard setting and enforcement activities designed to 
          promote the quality of care, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ANTITRUST EXEMPTION.

    No damages, interest on damages, costs, or attorney's fees may be 
recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 
15a, 15c), or under any State law similar to such section, from any 
medical self-regulatory entity (including its members, officers, 
employees, consultants, and volunteers) as a result of engaging in 
standard setting or enforcement activities designed to promote the 
quality of health care provided to patients.

SEC. 2. CONSULTATION.

    Any Federal agency engaged in the establishment of medical 
professional standards shall consult with and use appropriate medical 
self-regulatory entities, if available, in carrying out standard 
setting and related regulatory activities.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``medical self-regulatory entity'' means a 
        medical society or association, a specialty board, a recognized 
        accrediting agency, a hospital medical staff, or other entity 
        designed to ensure the provision of high quality medical care, 
        and
            (2) the term ``standard setting and enforcement activities 
        designed to promote the quality of health care provided to 
        patients'' means peer review, accreditation of medical 
        education and hospitals, technology assessment, risk 
        management, or the development and implementation of practice 
        guidelines, practice parameters, or ethical codes.

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