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SECOND REGULAR SESSION
HOUSE BILL NO. 3282
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BLACK.
7183H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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Section A. Section 537.035, RSMo, is repealed and one new section enacted in lieu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 sur geon 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 pr ovisions 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:
EXPLANA TION — 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.
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 af filiated with a university
22 operating under chapter 172, 174, 352, or 355;
23 (3) Appointed by the board of trustees, chief executive of ficer , or the or ganized
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 or ganization 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 of ficer or the medical
32 director of the licensed health maintenance or ganization.
33 3. Each member of a peer review committee and each person, hospital governing
34 board, health maintenance or ganization board of directors, and chief executive of ficer 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 or ganization 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
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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 ef fect 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.
✔
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