Missouri 2024 Regular Session

Missouri Senate Bill SB1248 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	4501S.02C
2		-	1
3		-	SENATE COMMITTEE SUBSTITUTE
4		-	FOR
	1	+
	2	+	SECOND REGULAR SESSION
5	3		SENATE BILL NO. 1248
	4	+	102ND GENERAL ASSEMBLY
	5	+	INTRODUCED BY SENATOR BROWN (16).
	6	+	4501S.01I KRISTINA MARTIN, Secretary
6	7		AN ACT
7		-	To repeal sections 190.245 and 537.035, RSMo, and to
8		-	enact in lieu thereof two new sections relating to
9		-	peer review committees.
	8	+	To repeal section 190.245, RSMo, and to enact in lieu thereof one new section relating to peer
	9	+	review committees.
10	10
11	11		Be it enacted by the General Assembly of the State of Missouri, as follows:
12		-	Section A. Sections 190.245 and 537.035, RSMo, are
13		-	repealed and two new sections enacted in lieu thereof, to be
14		-	known as sections 190.245 and 537.035, to read as follows:
15		-	190.245. 1. Failure of a hospital to provide all
16		-	medical records and q uality improvement documentation
17		-	necessary for the department to implement provisions of
18		-	sections 190.241 to 190.245 shall result in the revocation
19		-	of the hospital's designation as a trauma center, STEMI
20		-	center, or stroke center. Any medical records o btained by
21		-	the department shall be used only for purposes of
22		-	implementing the provisions of sections 190.241 to 190.245
23		-	and the names of hospitals, physicians and patients shall
24		-	not be released by the department or members of review teams.
25		-	2. Any person licensed under sections 190.001 to
26		-	190.245 shall be considered a health care professional for
27		-	purposes of section 537.035, and any quality improvement or
28		-	quality assurance activity required under sections 190.001
29		-	to 190.245 shall be considered an activity of a peer review
30		-	committee for purposes of section 537.035.
31		-	537.035. 1. As used in this section, unless the
32		-	context clearly indicates otherwise, the following words and
33		-	terms shall have the meanings indicated:
34		-	(1) "Health care professional", a physician or surgeon
35		-	licensed under the provisions of chapter 334, or a dentist
36		-	2
37		-	licensed under the provisions of chapter 332, or a
38		-	podiatrist licensed under the provisions of chapter 330, or
39		-	an optometrist licensed under the provisions of chapter 336,
40		-	or a pharmacist licensed under the provisions of chapter
41		-	338, or a chiropractor licensed under the provisions of
42		-	chapter 331, or a psychologist licensed under the provisions
43		-	of chapter 337, or a nurse licensed under the provi sions of
44		-	chapter 335, or a physician assistant licensed under the
45		-	provisions of chapter 334, or a person licensed under the
46		-	provisions of sections 190.001 to 190.245, or a social
47		-	worker licensed under the provisions of chapter 337, or a
48		-	professional counselor licensed under the provisions of
49		-	chapter 337, or a mental health professional as defined in
50		-	section 632.005, while acting within their scope of practice;
51		-	(2) "Peer review committee", a committee of health
52		-	care professionals with the respo nsibility to evaluate,
53		-	maintain, or monitor the quality and utilization of health
54		-	care services or to exercise any combination of such
55		-	responsibilities.
56		-	2. A peer review committee may be constituted as
57		-	follows:
58		-	(1) Comprised of, and appoint ed by, a state, county or
59		-	local society of health care professionals;
60		-	(2) Comprised of, and appointed by, the partners,
61		-	shareholders, or employed health care professionals of a
62		-	partnership or professional corporation of health care
63		-	professionals, or employed health care professionals of a
64		-	university or an entity affiliated with a university
65		-	operating under chapter 172, 174, 352, or 355;
66		-	(3) Appointed by the board of trustees, chief
67		-	executive officer, or the organized medical staff of a
68		-	licensed hospital, or other health facility operating under
69		-	constitutional or statutory authority, including long -term
70		-	3
71		-	care facilities licensed under chapter 198, or an
72		-	administrative entity of the department of mental health
73		-	recognized pursuant to the provisions of subdivision (3) of
74		-	subsection 1 of section 630.407;
75		-	(4) Any other organization formed pursuant to state or
76		-	federal law authorized to exercise the responsibilities of a
77		-	peer review committee and acting within the scope of such
78		-	authorization;
79		-	(5) Appointed by the board of directors, chief
80		-	executive officer or the medical director of the licensed
81		-	health maintenance organization.
82		-	3. Each member of a peer review committee and each
83		-	person, hospital governing board, health ma intenance
84		-	organization board of directors, and chief executive officer
85		-	of a licensed hospital or other hospital operating under
86		-	constitutional or statutory authority, chief executive
87		-	officer or medical director of a licensed health maintenance
88		-	organization who testifies before, or provides information
89		-	to, acts upon the recommendation of, or otherwise
90		-	participates in the operation of, such a committee shall be
91		-	immune from civil liability for such acts so long as the
92		-	acts are performed in good faith, without malice and are
93		-	reasonably related to the scope of inquiry of the peer
94		-	review committee.
95		-	4. Except as otherwise provided in this section, the
96		-	interviews, memoranda, proceedings, findings, deliberations,
97		-	reports, and minutes of peer review committees, or the
98		-	existence of the same, concerning the health care provided
99		-	any patient are privileged and shall not be subject to
100		-	discovery, subpoena, or other means of legal compulsion for
101		-	their release to any person or entity or be admissible int o
102		-	evidence in any judicial or administrative action for
103		-	failure to provide appropriate care. Except as otherwise
104		-	4
105		-	provided in this section, no person who was in attendance at
106		-	any peer review committee proceeding shall be permitted or
107		-	required to disclose any information acquired in connection
108		-	with or in the course of such proceeding, or to disclose any
109		-	opinion, recommendation, or evaluation of the committee or
110		-	board, or any member thereof; provided, however, that
111		-	information otherwise discoverable or admissible from
112		-	original sources is not to be construed as immune from
113		-	discovery or use in any proceeding merely because it was
114		-	presented during proceedings before a peer review committee
115		-	nor is a member, employee, or agent of such committee, or
116		-	other person appearing before it, to be prevented from
117		-	testifying as to matters within his personal knowledge and
118		-	in accordance with the other provisions of this section, but
119		-	such witness cannot be questioned about testimony or other
120		-	proceedings before a ny health care review committee or board
121		-	or about opinions formed as a result of such committee
122		-	hearings. The disclosure of any interview, memoranda,
123		-	proceedings, findings, deliberations, reports, or minutes to
124		-	any person or entity, including but not limited to
125		-	governmental agencies, professional accrediting agencies, or
126		-	other health care providers, whether proper or improper,
127		-	shall not waive or have any effect upon its confidentiality,
128		-	nondiscoverability, or nonadmissibility.
129		-	5. The provisions of subsection 4 of this section
130		-	limiting discovery and admissibility of testimony as well as
131		-	the proceedings, findings, records, and minutes of peer
132		-	review committees do not apply in any judicial or
133		-	administrative action brought by a peer review com mittee or
134		-	the legal entity which formed or within which such committee
135		-	operates to deny, restrict, or revoke the hospital staff
136		-	privileges or license to practice of a physician or other
137		-	health care providers; or when a member, employee, or agent
138		-	5
139		-	of the peer review committee or the legal entity which
140		-	formed such committee or within which such committee
141		-	operates is sued for actions taken by such committee which
142		-	operate to deny, restrict or revoke the hospital staff
143		-	privileges or license to practice o f a physician or other
144		-	health care provider.
145		-	6. Nothing in this section shall limit authority
146		-	otherwise provided by law of a health care licensing board
147		-	of the state of Missouri to obtain information by subpoena
148		-	or other authorized process from p eer review committees or
149		-	to require disclosure of otherwise confidential information
150		-	relating to matters and investigations within the
151		-	jurisdiction of such health care licensing boards.
	12	+	Section A. Section 190.245, RSMo, is repeale d and one new 1
	13	+	section enacted in lieu thereof, to be known as section 190.245, 2
	14	+	to read as follows:3
	15	+	190.245. 1. Failure of a hospital to provide all 1
	16	+	medical records and quality improvement documentation 2
	17	+	necessary for the department to implement pr ovisions of 3
	18	+	sections 190.241 to 190.245 shall result in the revocation 4
	19	+	of the hospital's designation as a trauma center, STEMI 5
	20	+	center, or stroke center. Any medical records obtained by 6
	21	+	the department shall be used only for purposes of 7
	22	+	implementing the provisions of sections 190.241 to 190.245 8
	23	+	and the names of hospitals, physicians and patients shall 9
	24	+	not be released by the department or members of review teams. 10
	25	+	2. Any person licensed under sections 190.001 to 11
	26	+	190.245 shall be considered a heal th care professional for 12
	27	+	purposes of section 537.035, and any quality improvement or 13
	28	+	quality assurance activity required under sections 190.001 14
	29	+	to 190.245 shall be considered an activity of a peer review 15
	30	+	committee for purposes of section 537.035. 16
	31	+	