Bill Text: MO HB568 | 2011 | Regular Session | Introduced
Bill Title: Establishes a peer review process for services provided by a licensed architect, landscape architect, professional land surveyor, or professional engineer
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-13 - Voted Do Pass (H) [HB568 Detail]
Download: Missouri-2011-HB568-Introduced.html
FIRST REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES ELMER (Sponsor) AND KORMAN (Co-sponsor).
1548L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 537, RSMo, by adding thereto one new section relating to a peer review process for licensed architects, landscape architects, land surveyors, and engineers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be known as section 537.033, to read as follows:
537.033. 1. As used in this section, unless the context clearly indicates otherwise, the following words shall mean:
(1) "Design professional", an architect, landscape architect, professional land surveyor or professional engineer, licensed under the provisions of chapter 327 or any corporation authorized to practice architecture, landscape architecture, land surveying, or engineering under section 327.401 while acting within his or her scope of practice;
(2) "Peer review process", a process through which design professionals evaluate, maintain, or monitor the quality and utilization of architectural, landscape architectural, land surveying or engineering services, prepare internal lessons-learned, or exercise any combination of such responsibilities.
2. A peer review process may be performed by the following, each of whom shall be deemed a peer reviewer:
(l) An individual design professional or committee of design professionals appointed by a state, county or local society of design professionals;
(2) An individual design professional or committee of design professionals appointed by the partners, shareholders, or employed design professionals of a partnership or of a corporation authorized under section 327.401;
(3) Any individual design professional or committee of design professionals appointed by the partners, board of directors, chief executive officer, or the quality control director of a partnership or a corporation authorized under section 327.401 to practice architecture, landscape architecture, land surveying, or engineering, or by the owner of a sole proprietorship engaged in one or more of such professions.
3. Each peer reviewer, member of a peer review committee, and each person, corporate director, partner, quality control director, or other design professional who testifies before, or provides information to, acts upon the recommendation of, or otherwise participates in the operation of, such a process shall be immune from civil liability for such acts so long as the acts are performed in good faith, without malice, and are reasonably related to the scope of inquiry of the peer review process.
4. Except as otherwise provided in this section, the interviews, memoranda, proceedings, findings, deliberations, reports, and minutes of the peer review process, or the existence of the same, concerning the professional services provided to a client or member of the public are privileged and shall not be subject to discovery, subpoena, or other means of legal compulsion for their release to any person or entity or be admissible into evidence in any judicial or administrative action for failure to provide appropriate architectural, landscape architectural, land surveying, or engineering services. Except as otherwise provided in this section, no person who was in attendance at or participated in any peer review process or proceedings shall be permitted or required to disclose any information acquired in connection with or in the course of such proceeding, or to disclose any opinion, recommendation, or evaluation of the peer reviewer or any member of a peer review committee; provided, however, that information otherwise discoverable or admissible from original sources shall not be construed as immune from discovery or use in any proceeding merely because it was presented during proceedings before a peer reviewer, nor shall a member, employee, or agent involved in any such process, or other person appearing before a peer reviewer be prevented from testifying as to matters within his or her personal knowledge and in accordance with the other provisions of this section; except that, such witness shall not be questioned about testimony or other proceedings before any peer review process or peer reviewer or about opinions formed as a result of such process. The disclosure of any interview, memoranda, proceedings, findings, deliberations, reports, or minutes to any person or entity, including but not limited to governmental agencies, professional accrediting agencies, or other design professionals, whether proper or improper, shall not waive or have any effect upon its confidentiality, nondiscoverability, or nonadmissibility.
5. Nothing in this section shall limit authority otherwise provided by law of the Missouri board for architects, professional engineers, professional land surveyors and landscape architects to obtain information by subpoena or other authorized process from a peer reviewer or to require disclosure of otherwise confidential information developed outside of the peer review process which relate to matters and investigations within the jurisdiction of such licensing board.
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