Filed 6/17/09

IN THE SUPREME COURT OF CALIFORNIA

GIL N. MILEIKOWSKY, )

)

Plaintiff and Appellant, )

) S156986

v. )

) Ct.App. 2/8 B186238

WEST HILLS HOSPITAL AND )

MEDICAL CENTER et al., )

) Los Angeles County

Defendants and Respondents. ) Super. Ct. No. BS091943

)

MODIFICATION OF OPINION

THE COURT:

The opinion herein, appearing at 45 Cal.4th 1259, is modified as follows:

1. The text of footnote 4 appearing in 45 Cal.4th at page 1268 is deleted in its entirety and the following text substituted: The cited section is part of the Health Care Quality Improvement Act of 1986, title 42 United States Code section 11101 et seq., enacted to respond to a ‘national need to restrict the ability of incompetent physicians to move from State to State without disclosure or discovery of the physician’s previous damaging or incompetent performance’ (42 U.S.C. § 11101(2)).

2. The last sentence appearing in 45 Cal.4th at page 1275 is deleted and the following sentence substituted: And, as decisions relating to clinical privileges are generally the province of a hospital’s peer review bodies and not its governing body (but see § 809.05, subds. (b) & (c)), West Hills’s governing board similarly lacked the authority to ratify the order of dismissal.

This modification does not affect the judgment.