Bonner

The Sisters of Providence Corporation, board of directors of Providence Hospital, and medical staff of Providence Hospital (appellants) appeal a judgment granting respondent Dr. Ernest Bonner’s petition for writ of administrative mandamus (Code Civ. Proc., § 1094.5), in which respondent challenged appellants’ decision to revoke his provisional nephrology privileges at Providence Hospital. Appellants contend that (1) respondent’s petition was barred by the statute of limitations, (2) the trial court erroneously considered evidence of a Board of Medical Quality Assurance (BMQA) proceeding against respondent, and (3) the revocation of respondent’s privileges is supported by substantial evidence. We reverse.

In November 1980, respondent was granted provisional staff privileges, including nephrology privileges, at Providence Hospital. On May 14, 1981, respondent’s nephrology privileges were revoked, but his general staff privileges remained intact. Following numerous de novo hearings and reviews by the hospital, the revocation of provisional nephrology privileges was confirmed on February 9, 1982.

Pursuant to Business and Professions Code section 805, appellants reported the…