text: 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).''.
target: 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.
feat_title: To amend the Public Health Service Act to provide for voluntary reporting by health care providers of medication error information in order to assist appropriate public and nonprofit private entities in developing and disseminating recommendations and information with respect to preventing medication errors.