Missouri 2025 Regular Session

Missouri Senate Bill SB107 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 107
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR BROWN (16).
6	6	1276S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal sections 190.245 and 537.035, RSMo, and to enact in lieu thereof two new sections
9	9	relating to peer review committees.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Sections 190.245 and 5 37.035, RSMo, are 1
13	13	repealed and two new sections enacted in lieu thereof, to be 2
14	14	known as sections 190.245 and 537.035, to read as follows:3
15	15	190.245. 1. Failure of a hospital to provide all 1
16	16	medical records and quality improvement documentation 2
17	17	necessary for the department to implement provisions of 3
18	18	sections 190.241 to 190.245 shall result in the revocation 4
19	19	of the hospital's designation as a trauma center, STEMI 5
20	20	center, or stroke center. Any medical records obtained by 6
21	21	the department shall be use d only for purposes of 7
22	22	implementing the provisions of sections 190.241 to 190.245 8
23	23	and the names of hospitals, physicians and patients shall 9
24	24	not be released by the department or members of review teams. 10
25	25	2. Any person licensed under sections 190.001 to 11
26	26	190.245 shall be considered a health care professional for 12
27	27	purposes of section 537.035, and any quality improvement or 13
28	28	quality assurance activity required under sections 190.001 14
29	29	to 190.245 shall be considered an activity of a peer review 15
30	30	committee for purposes of section 537.035. 16 SB 107 2
31	31	537.035. 1. As used in this section, unless the 1
32	32	context clearly indicates otherwise, the following words and 2
33	33	terms shall have the meanings indicated: 3
34	34	(1) "Health care professional", a physician or surgeon 4
35	35	licensed under the provisions of chapter 334, or a dentist 5
36	36	licensed under the provisions of chapter 332, or a 6
37	37	podiatrist licensed under the provisions of chapter 330, or 7
38	38	an optometrist licensed under the provisions of chapter 336, 8
39	39	or a pharmacist licensed under the provisions of chapter 9
40	40	338, or a chiropractor licensed under the provisions of 10
41	41	chapter 331, or a psychologist licensed under the provisions 11
42	42	of chapter 337, or a nurse licensed under the provisions of 12
43	43	chapter 335, or a physician assistant licensed under the 13
44	44	provisions of chapter 334, or a person licensed under the 14
45	45	provisions of sections 190.001 to 190.245, or a social 15
46	46	worker licensed under the provisions of chapter 337, or a 16
47	47	professional counselor licensed under the provisio ns of 17
48	48	chapter 337, or a mental health professional as defined in 18
49	49	section 632.005, while acting within their scope of practice; 19
50	50	(2) "Peer review committee", a committee of health 20
51	51	care professionals with the responsibility to evaluate, 21
52	52	maintain, or monitor the quality and utilization of health 22
53	53	care services or to exercise any combination of such 23
54	54	responsibilities. 24
55	55	2. A peer review committee may be constituted as 25
56	56	follows: 26
57	57	(1) Comprised of, and appointed by, a state, county or 27
58	58	local society of health care professionals; 28
59	59	(2) Comprised of, and appointed by, the partners, 29
60	60	shareholders, or employed health care professionals of a 30
61	61	partnership or professional corporation of health care 31
62	62	professionals, or employed health care professiona ls of a 32 SB 107 3
63	63	university or an entity affiliated with a university 33
64	64	operating under chapter 172, 174, 352, or 355; 34
65	65	(3) Appointed by the board of trustees, chief 35
66	66	executive officer, or the organized medical staff of a 36
67	67	licensed hospital, or other health fa cility operating under 37
68	68	constitutional or statutory authority, including long -term 38
69	69	care facilities licensed under chapter 198, or an 39
70	70	administrative entity of the department of mental health 40
71	71	recognized pursuant to the provisions of subdivision (3) of 41
72	72	subsection 1 of section 630.407; 42
73	73	(4) Any other organization formed pursuant to state or 43
74	74	federal law authorized to exercise the responsibilities of a 44
75	75	peer review committee and acting within the scope of such 45
76	76	authorization; 46
77	77	(5) Appointed by the board of directors, chief 47
78	78	executive officer or the medical director of the licensed 48
79	79	health maintenance organization. 49
80	80	3. Each member of a peer review committee and each 50
81	81	person, hospital governing board, health maintenance 51
82	82	organization board of dir ectors, and chief executive officer 52
83	83	of a licensed hospital or other hospital operating under 53
84	84	constitutional or statutory authority, chief executive 54
85	85	officer or medical director of a licensed health maintenance 55
86	86	organization who testifies before, or provi des information 56
87	87	to, acts upon the recommendation of, or otherwise 57
88	88	participates in the operation of, such a committee shall be 58
89	89	immune from civil liability for such acts so long as the 59
90	90	acts are performed in good faith, without malice and are 60
91	91	reasonably related to the scope of inquiry of the peer 61
92	92	review committee. 62
93	93	4. Except as otherwise provided in this section, the 63
94	94	interviews, memoranda, proceedings, findings, deliberations, 64 SB 107 4
95	95	reports, and minutes of peer review committees, or the 65
96	96	existence of the same, concerning the health care provided 66
97	97	any patient are privileged and shall not be subject to 67
98	98	discovery, subpoena, or other means of legal compulsion for 68
99	99	their release to any person or entity or be admissible into 69
100	100	evidence in any judicial or admin istrative action for 70
101	101	failure to provide appropriate care. Except as otherwise 71
102	102	provided in this section, no person who was in attendance at 72
103	103	any peer review committee proceeding shall be permitted or 73
104	104	required to disclose any information acquired in conn ection 74
105	105	with or in the course of such proceeding, or to disclose any 75
106	106	opinion, recommendation, or evaluation of the committee or 76
107	107	board, or any member thereof; provided, however, that 77
108	108	information otherwise discoverable or admissible from 78
109	109	original sources is not to be construed as immune from 79
110	110	discovery or use in any proceeding merely because it was 80
111	111	presented during proceedings before a peer review committee 81
112	112	nor is a member, employee, or agent of such committee, or 82
113	113	other person appearing before it, to b e prevented from 83
114	114	testifying as to matters within his personal knowledge and 84
115	115	in accordance with the other provisions of this section, but 85
116	116	such witness cannot be questioned about testimony or other 86
117	117	proceedings before any health care review committee or b oard 87
118	118	or about opinions formed as a result of such committee 88
119	119	hearings. The disclosure of any interview, memoranda, 89
120	120	proceedings, findings, deliberations, reports, or minutes to 90
121	121	any person or entity, including but not limited to 91
122	122	governmental agencies, p rofessional accrediting agencies, or 92
123	123	other health care providers, whether proper or improper, 93
124	124	shall not waive or have any effect upon its confidentiality, 94
125	125	nondiscoverability, or nonadmissibility. 95 SB 107 5
126	126	5. The provisions of subsection 4 of this section 96
127	127	limiting discovery and admissibility of testimony as well as 97
128	128	the proceedings, findings, records, and minutes of peer 98
129	129	review committees do not apply in any judicial or 99
130	130	administrative action brought by a peer review committee or 100
131	131	the legal entity which fo rmed or within which such committee 101
132	132	operates to deny, restrict, or revoke the hospital staff 102
133	133	privileges or license to practice of a physician or other 103
134	134	health care providers; or when a member, employee, or agent 104
135	135	of the peer review committee or the legal entity which 105
136	136	formed such committee or within which such committee 106
137	137	operates is sued for actions taken by such committee which 107
138	138	operate to deny, restrict or revoke the hospital staff 108
139	139	privileges or license to practice of a physician or other 109
140	140	health care provider. 110
141	141	6. Nothing in this section shall limit authority 111
142	142	otherwise provided by law of a health care licensing board 112
143	143	of the state of Missouri to obtain information by subpoena 113
144	144	or other authorized process from peer review committees or 114
145	145	to require disclosure of otherwise confidential information 115
146	146	relating to matters and investigations within the 116
147	147	jurisdiction of such health care licensing boards. 117
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