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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1695
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WEBBER.
6505S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 537.035, RSMo, and to enact in lieu thereof one new section relating to the
admissibility of evidence resulting from peer review committees for health care
professionals.
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Section A. Section 537.035, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 537.035, 2
to read as follows:3
537.035. 1. As used in this section, unless the 1
context clearly indicates otherwise, the following words and 2
terms shall have the meanings indicated: 3
(1) "Health care professional", a physician or surgeon 4
licensed under the provisions of chapter 334, or a dentist 5
licensed under the provisions of chapter 332, or a 6
podiatrist licensed under the provisions of chapter 330, or 7
an optometrist licensed under the provisions of chapter 336, 8
or a pharmacist licensed under the provisions of chapter 9
338, or a chiropractor licensed under the provisions of 10
chapter 331, or a psychologist licensed under the provisions 11
of chapter 337, or a nurse licensed under the provisions of 12
chapter 335, or a social worker licensed under the 13
provisions of chapter 337, or a professional counselor 14
licensed under the provisions of chapter 337, or a mental 15
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health professional as defined in section 632.005, while 16
acting within their scope of practice; 17
(2) "Peer review committee", a committee of health 18
care professionals with the responsibility to evaluate, 19
maintain, or monitor the quality and utilization of health 20
care services or to exercise any combination of such 21
responsibilities. 22
2. A peer review committee may be constituted as 23
follows: 24
(1) Comprised of, and appointed by, a state, county or 25
local society of health care professionals; 26
(2) Comprised of, and appointed by, the partners, 27
shareholders, or employed health care professionals of a 28
partnership or professional corporation of health care 29
professionals, or employed health care professionals of a 30
university or an entity affiliated with a university 31
operating under chapter 172, 174, 352, or 355; 32
(3) Appointed by the board of trustees, chief 33
executive officer, or the organized medical staff of a 34
licensed hospital, or other health facility operating under 35
constitutional or statutory authority, including long-term 36
care facilities licensed under chapter 198, or an 37
administrative entity of the department of mental health 38
recognized pursuant to the provisions of subdivision (3) of 39
subsection 1 of section 630.407; 40
(4) Any other organization formed pursuant to state or 41
federal law authorized to exercise the responsibilities of a 42
peer review committee and acting within the scope of such 43
authorization; 44
(5) Appointed by the board of directors, chief 45
executive officer or the medical director of the licensed 46
health maintenance organization. 47
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3. Each member of a peer review committee and each 48
person, hospital governing board, health maintenance 49
organization board of directors, and chief executive officer 50
of a licensed hospital or other hospital operating under 51
constitutional or statutory authority, chief executive 52
officer or medical director of a licensed health maintenance 53
organization who testifies before, or provides information 54
to, acts upon the recommendation of, or otherwise 55
participates in the operation of, such a committee shall be 56
immune from civil liability for such acts so long as the 57
acts are performed in good faith, without malice and are 58
reasonably related to the scope of inquiry of the peer 59
review committee. 60
4. Except as otherwise provided in this section, the 61
[interviews,] memoranda, [proceedings,] findings, 62
deliberations, and reports[, and minutes] of peer review 63
committees[, or the existence of the same,] concerning the 64
health care provided any individual identifiable patient are 65
privileged and [shall] may not be [subject to discovery, 66
subpoena, or other means of legal compulsion for their 67
release to any person or entity or be] admissible into 68
evidence in any judicial or administrative action for 69
failure to provide appropriate care. Except as otherwise 70
provided in this section, no person who was in attendance at 71
any peer review committee proceeding shall be permitted or 72
required [to disclose any information acquired in connection 73
with or in the course of such proceeding, or] to disclose 74
any opinion, recommendation, or evaluation of the committee 75
or board, or any member thereof[; provided, however, that]. 76
Such information otherwise discoverable or admissible [from 77
original sources] is not to be construed as immune from 78
discovery or use in any proceeding merely because it was 79
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presented, discovered, or considered during proceedings 80
before a peer review committee nor is a member, employee, or 81
agent of such committee, or other person appearing before 82
it, to be prevented from testifying as to matters [within 83
his personal knowledge] in accordance with the rules of 84
evidence and in accordance with the other provisions of this 85
section, but such witness cannot be questioned about 86
[testimony or other proceedings before any health care 87
review committee or board or about] opinions formed solely 88
as a result of such committee hearings. [The disclosure of 89
any interview, memoranda, proceedings, findings, 90
deliberations, reports, or minutes to any person or entity, 91
including but not limited to governmental agencies, 92
professional accrediting agencies, or other health care 93
providers, whether proper or improper, shall not waive or 94
have any effect upon its confidentiality, 95
nondiscoverability, or nonadmissibility.] 96
5. The provisions of subsection 4 of this section 97
limiting [discovery and] admissibility of testimony as well 98
as the [proceedings,] findings[,] and records[, and minutes] 99
of peer review committees do not apply in any judicial or 100
administrative action brought by a peer review committee or 101
the legal entity which formed or within which such committee 102
operates to deny, restrict, or revoke the hospital staff 103
privileges or license to practice of a physician or other 104
health care providers; or when a member, employee, or agent 105
of the peer review committee or the legal entity which 106
formed such committee or within which such committee 107
operates is sued for actions taken by such committee which 108
operate to deny, restrict or revoke the hospital staff 109
privileges or license to practice of a physician or other 110
health care provider. 111
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6. Nothing in this section shall limit authority 112
otherwise provided by law of a health care licensing board 113
of the state of Missouri to obtain information by subpoena 114
or other authorized process from peer review committees or 115
to require disclosure of otherwise confidential information 116
relating to matters and investigations within the 117
jurisdiction of such health care licensing boards. 118
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