article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Error Prevention Act of 2002''. SEC. 2. VOLUNTARY REPORTING PROGRAM REGARDING MEDICATION ERRORS; DEVELOPMENT AND DISSEMINATION OF RECOMMENDATIONS FOR PREVENTING MEDICATION ERRORS. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following section: ``SEC. 249. VOLUNTARY REPORTING PROGRAM REGARDING MEDICATION ERRORS; DEVELOPMENT AND DISSEMINATION OF RECOMMENDATIONS FOR PREVENTING MEDICATION ERRORS. ``(a) Privileged Legal Status of Reported Information.--If the Secretary approves a program as meeting the criteria described in subsection (b) to serve as the reporting program for purposes of this section, any medication error information submitted to the reporting program by a health care provider pursuant to an agreement under paragraph (3) of such subsection is privileged for purposes of Federal and State judicial proceedings in civil matters, and for purposes of Federal and State administrative proceedings, including with respect to discovery and subpoenas. ``(b) Criteria for Reporting Program.--With respect to the approval by the Secretary of a reporting program for purposes of this section, the criteria referred to in subsection (a) are as follows: ``(1) The reporting program is operated by The United States Pharmacopeial Convention, Incorporated (except that if such entity declines to operate a reporting program for purposes of this section, the Secretary may accept another nonprofit private entity for such purposes). ``(2) Under such program, health care providers voluntarily submit medication error information to the program, and the program uses the information for the purpose of developing and disseminating recommendations and information with respect to preventing such errors, including recommendations in the form of protocols, procedures, and best-practices information. ``(3) The use by the program of medication error information submitted to the program by a health care provider is governed by an agreement entered into by the program and the provider. ``(4) Such agreement includes the following policies (without regard to whether the following language is used in the agreement): ``(A) Subject to subparagraph (B), the reporting program reserves the right to disclose to third parties medication error information submitted by a health care provider if, in the judgment of the program, the information can be used for purposes of furthering research, education, standards setting, improvement in processes, product improvement, public health, or public safety. ``(B) If such a disclosure is made, the extent of information disclosed will be limited to the information required to meet the purposes described in subparagraph (A). ``(c) Federal Disclosures.--Officers and employees of a Federal agency may not disclose any medication error information that is received by the agency from the reporting program pursuant to an agreement between the agency and the program, except to the extent that disclosure of the information is authorized by the agreement. The preceding sentence applies notwithstanding any other provision of law. ``(d) Scope of Privilege.--With respect to Federal and State judicial proceedings in civil matters, and Federal and State administrative proceedings: ``(1) In the case of a health care provider: ``(A) The privilege under subsection (a) protects all medication error information of the provider that is provided in a submission to the reporting program or is developed for purposes of such a submission, subject to subparagraph (B). ``(B) The privilege does not protect medication error information in patient medical records of the provider, or other information that is in the custody of the provider and is developed or maintained by the provider separately from the process of developing medication error information for submission to the program. ``(2) In the case of the reporting program, the privilege protects all medication error information that is received by the program pursuant to agreements under subsection (b)(3). ``(3) In the case of other entities (whether public or private), the privilege protects all medication error information that is received by the entity from the reporting program pursuant to an agreement between the entity and the program, except to the extent that disclosure of the information is authorized by the agreement. ``(e) Rule of Construction.--The submission by a health care provider of medication error information to the reporting program may not be construed as waiving any privilege that, under Federal or State constitutions or laws, may exist with respect to the information. ``(f) Definitions.--For purposes of this section: ``(1) The term `health care provider' means individuals and organizations that provide health services. Such term includes-- ``(A) physicians, nurses, pharmacists, and other health professionals; and ``(B) hospitals, pharmacies, clinics, long-term care facilities, intermediate care facilities, residential treatment centers, and other entities that provide health services. ``(2) The term `medication error' means any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing; order communication; product labeling, packaging, and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use. ``(3) The term `medication error information' means information developed by or on behalf of a health care provider in connection with a medication error. ``(4) The term `reporting program' means the program approved under subsection (a).''.
summary: Medication Error Prevention Act of 2002 - Amends the Public Health Service Act to make medication error information privileged for Federal and State administrative and civil judicial proceedings if the information is voluntarily submitted by a health care provider to a program, approved by the Secretary of Health and Human Services, for the purpose of developing and disseminating recommendations and information regarding preventing such errors.