HOUSE BILL NO. 3282 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BLACK.
7183H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 537.035, RSMo, and to enact in lieu thereof one new section relating to peer review committees.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 537.035, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 537.035, to read as follows: 537.035. 1. As used in this section, unless the context clearly indicates otherwise, the 2 following words and terms shall have the meanings indicated: 3 (1) "Health care professional", a physician or surgeon licensed under the provisions 4 of chapter 334, or a dentist licensed under the provisions of chapter 332, or a podiatrist 5 licensed under the provisions of chapter 330, or an optometrist licensed under the provisions 6 of chapter 336, or a pharmacist licensed under the provisions of chapter 338, or a chiropractor 7 licensed under the provisions of chapter 331, or a psychologist licensed under the provisions 8 of chapter 337, or a nurse licensed under the provisions of chapter 335, or a physician 9 assistant licensed under the provisions of chapter 334, or a social worker licensed under 10 the provisions of chapter 337, or a professional counselor licensed under the provisions of 11 chapter 337, or a mental health professional as defined in section 632.005, while acting within 12 their scope of practice; 13 (2) "Peer review committee", a committee of health care professionals with the 14 responsibility to evaluate, maintain, or monitor the quality and utilization of health care 15 services or to exercise any combination of such responsibilities. 16 2. A peer review committee may be constituted as follows:
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3282 2
17 (1) Comprised of, and appointed by, a state, county or local society of health care 18 professionals; 19 (2) Comprised of, and appointed by, the partners, shareholders, or employed health 20 care professionals of a partnership or professional corporation of health care professionals, or 21 employed health care professionals of a university or an entity affiliated with a university 22 operating under chapter 172, 174, 352, or 355; 23 (3) Appointed by the board of trustees, chief executive officer, or the organized 24 medical staff of a licensed hospital, or other health facility operating under constitutional or 25 statutory authority, including long-term care facilities licensed under chapter 198, or an 26 administrative entity of the department of mental health recognized pursuant to the provisions 27 of subdivision (3) of subsection 1 of section 630.407; 28 (4) Any other organization formed pursuant to state or federal law authorized to 29 exercise the responsibilities of a peer review committee and acting within the scope of such 30 authorization; 31 (5) Appointed by the board of directors, chief executive officer or the medical 32 director of the licensed health maintenance organization. 33 3. Each member of a peer review committee and each person, hospital governing 34 board, health maintenance organization board of directors, and chief executive officer of a 35 licensed hospital or other hospital operating under constitutional or statutory authority, chief 36 executive officer or medical director of a licensed health maintenance organization who 37 testifies before, or provides information to, acts upon the recommendation of, or otherwise 38 participates in the operation of, such a committee shall be immune from civil liability for such 39 acts so long as the acts are performed in good faith, without malice and are reasonably related 40 to the scope of inquiry of the peer review committee. 41 4. Except as otherwise provided in this section, the interviews, memoranda, 42 proceedings, findings, deliberations, reports, and minutes of peer review committees, or the 43 existence of the same, concerning the health care provided any patient are privileged and shall 44 not be subject to discovery, subpoena, or other means of legal compulsion for their release to 45 any person or entity or be admissible into evidence in any judicial or administrative action for 46 failure to provide appropriate care. Except as otherwise provided in this section, no person 47 who was in attendance at any peer review committee proceeding shall be permitted or 48 required to disclose any information acquired in connection with or in the course of such 49 proceeding, or to disclose any opinion, recommendation, or evaluation of the committee or 50 board, or any member thereof; provided, however, that information otherwise discoverable or 51 admissible from original sources is not to be construed as immune from discovery or use in 52 any proceeding merely because it was presented during proceedings before a peer review 53 committee nor is a member, employee, or agent of such committee, or other person appearing HB 3282 3
54 before it, to be prevented from testifying as to matters within his personal knowledge and in 55 accordance with the other provisions of this section, but such witness cannot be questioned 56 about testimony or other proceedings before any health care review committee or board or 57 about opinions formed as a result of such committee hearings. The disclosure of any 58 interview, memoranda, proceedings, findings, deliberations, reports, or minutes to any person 59 or entity, including but not limited to governmental agencies, professional accrediting 60 agencies, or other health care providers, whether proper or improper, shall not waive or have 61 any effect upon its confidentiality, nondiscoverability, or nonadmissibility. 62 5. The provisions of subsection 4 of this section limiting discovery and admissibility 63 of testimony as well as the proceedings, findings, records, and minutes of peer review 64 committees do not apply in any judicial or administrative action brought by a peer review 65 committee or the legal entity which formed or within which such committee operates to deny, 66 restrict, or revoke the hospital staff privileges or license to practice of a physician or other 67 health care providers; or when a member, employee, or agent of the peer review committee or 68 the legal entity which formed such committee or within which such committee operates is 69 sued for actions taken by such committee which operate to deny, restrict or revoke the 70 hospital staff privileges or license to practice of a physician or other health care provider. 71 6. Nothing in this section shall limit authority otherwise provided by law of a health 72 care licensing board of the state of Missouri to obtain information by subpoena or other 73 authorized process from peer review committees or to require disclosure of otherwise 74 confidential information relating to matters and investigations within the jurisdiction of such 75 health care licensing boards. ✔
Statutes affected: