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SECOND REGULAR SESSION
SENATE BILL NO. 940
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (16).
4550S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 190.245 and 537.035, RSMo, and to enact in lieu thereof two new sections
relating to peer review committees.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 190.245 and 537.035, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 190.245 and 537.035, to read as follows:3
190.245. 1. Failure of a hospital to provide all 1
medical records and quality improvement documentation 2
necessary for the department to implement provisions of 3
sections 190.241 to 190.245 shall result in the revocation 4
of the hospital's designation as a trauma center, STEMI 5
center, or stroke center. Any medical records obtained by 6
the department shall be used only for purposes of 7
implementing the provisions of sections 190.241 to 190.245 8
and the names of hospitals, physicians and patients shall 9
not be released by the department or members of review teams. 10
2. Any person licensed under sections 190.001 to 11
190.245 shall be considered a health care professional for 12
purposes of section 537.035, and any quality improvement or 13
quality assurance activity required under sections 190.001 14
to 190.245 shall be considered an activity of a peer review 15
committee for purposes of section 537.035. 16
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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 physician assistant licensed under the 13
provisions of chapter 334, or a person licensed under the 14
provisions of sections 190.001 to 190.245, or a social 15
worker licensed under the provisions of chapter 337, or a 16
professional counselor licensed under the provisions of 17
chapter 337, or a mental health professional as defined in 18
section 632.005, while acting within their scope of practice; 19
(2) "Peer review committee", a committee of health 20
care professionals with the responsibility to evaluate, 21
maintain, or monitor the quality and utilization of health 22
care services or to exercise any combination of such 23
responsibilities. 24
2. A peer review committee may be constituted as 25
follows: 26
(1) Comprised of, and appointed by, a state, county or 27
local society of health care professionals; 28
(2) Comprised of, and appointed by, the partners, 29
shareholders, or employed health care professionals of a 30
partnership or professional corporation of health care 31
professionals, or employed health care professionals of a 32
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university or an entity affiliated with a university 33
operating under chapter 172, 174, 352, or 355; 34
(3) Appointed by the board of trustees, chief 35
executive officer, or the organized medical staff of a 36
licensed hospital, or other health facility operating under 37
constitutional or statutory authority, including long-term 38
care facilities licensed under chapter 198, or an 39
administrative entity of the department of mental health 40
recognized pursuant to the provisions of subdivision (3) of 41
subsection 1 of section 630.407; 42
(4) Any other organization formed pursuant to state or 43
federal law authorized to exercise the responsibilities of a 44
peer review committee and acting within the scope of such 45
authorization; 46
(5) Appointed by the board of directors, chief 47
executive officer or the medical director of the licensed 48
health maintenance organization. 49
3. Each member of a peer review committee and each 50
person, hospital governing board, health maintenance 51
organization board of directors, and chief executive officer 52
of a licensed hospital or other hospital operating under 53
constitutional or statutory authority, chief executive 54
officer or medical director of a licensed health maintenance 55
organization who testifies before, or provides information 56
to, acts upon the recommendation of, or otherwise 57
participates in the operation of, such a committee shall be 58
immune from civil liability for such acts so long as the 59
acts are performed in good faith, without malice and are 60
reasonably related to the scope of inquiry of the peer 61
review committee. 62
4. Except as otherwise provided in this section, the 63
interviews, memoranda, proceedings, findings, deliberations, 64
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reports, and minutes of peer review committees, or the 65
existence of the same, concerning the health care provided 66
any patient are privileged and shall not be subject to 67
discovery, subpoena, or other means of legal compulsion for 68
their release to any person or entity or be admissible into 69
evidence in any judicial or administrative action for 70
failure to provide appropriate care. Except as otherwise 71
provided in this section, no person who was in attendance at 72
any peer review committee proceeding shall be permitted or 73
required to disclose any information acquired in connection 74
with or in the course of such proceeding, or to disclose any 75
opinion, recommendation, or evaluation of the committee or 76
board, or any member thereof; provided, however, that 77
information otherwise discoverable or admissible from 78
original sources is not to be construed as immune from 79
discovery or use in any proceeding merely because it was 80
presented during proceedings before a peer review committee 81
nor is a member, employee, or agent of such committee, or 82
other person appearing before it, to be prevented from 83
testifying as to matters within his personal knowledge and 84
in accordance with the other provisions of this section, but 85
such witness cannot be questioned about testimony or other 86
proceedings before any health care review committee or board 87
or about opinions formed as a result of such committee 88
hearings. The disclosure of any interview, memoranda, 89
proceedings, findings, deliberations, reports, or minutes to 90
any person or entity, including but not limited to 91
governmental agencies, professional accrediting agencies, or 92
other health care providers, whether proper or improper, 93
shall not waive or have any effect upon its confidentiality, 94
nondiscoverability, or nonadmissibility. 95
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5. The provisions of subsection 4 of this section 96
limiting discovery and admissibility of testimony as well as 97
the proceedings, findings, records, and minutes of peer 98
review committees do not apply in any judicial or 99
administrative action brought by a peer review committee or 100
the legal entity which formed or within which such committee 101
operates to deny, restrict, or revoke the hospital staff 102
privileges or license to practice of a physician or other 103
health care providers; or when a member, employee, or agent 104
of the peer review committee or the legal entity which 105
formed such committee or within which such committee 106
operates is sued for actions taken by such committee which 107
operate to deny, restrict or revoke the hospital staff 108
privileges or license to practice of a physician or other 109
health care provider. 110
6. Nothing in this section shall limit authority 111
otherwise provided by law of a health care licensing board 112
of the state of Missouri to obtain information by subpoena 113
or other authorized process from peer review committees or 114
to require disclosure of otherwise confidential information 115
relating to matters and investigations within the 116
jurisdiction of such health care licensing boards. 117
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