Shacket

Osteopathic Medical Board of California (Board) appeals a judgment issuing a writ of mandate pursuant to Code of Civil Procedure section 1085 directing it to not release or otherwise disseminate a report submitted by the San Diego Foundation for Medical Care (FMC) purported to be prepared pursuant to Business and Professions Code section 805. Although it is FMC’s status Rick Shacket challenges, he never made FMC a party to this action.

The procedural setting of this case raises the institutional issue of the scope of the Board’s statutory responsibility to confirm a reporting entity is in fact a “peer review body” within the meaning of section 805, while we also review the underlying facts to determine whether the trial court’s determination FMC did not constitute a peer review body is supported by the record. As we shall explain, we conclude the Board need only confirm on a prima facie showing the reporting entity is a peer review body as defined in section 805 before disseminating a section 805 report, and the record is insufficient to support the trial court’s determination FMC does not constitute a peer review body within the meaning of section 805, subdivision…