Effective - 28 Aug 2010, 2 histories
383.133. Reports by hospitals, ambulatory surgical centers, nursing homes, and licensing authorities, when, contents, limited use, penalty. — 1. The chief executive office or similarly empowered official of any hospital, ambulatory surgical center, as such terms are defined in chapter 197, temporary nursing staffing agency, nursing home, any nursing facility as such term is defined in chapter 198, or any entity that employs or contracts with licensed health care professionals to provide health care services to individuals shall report to the appropriate health care professional licensing authority any disciplinary action against any health care professional or the voluntary resignation of any health care professional against whom any complaints or reports have been made which might have led to disciplinary action.
2. All reports required by this section shall be submitted within fifteen days of the final disciplinary action and shall contain, but need not be limited to, the following information:
(1) The name, address and telephone number of the person making the report;
(2) The name, address and telephone number of the person who is the subject of the report;
(3) A description of the facts, including as much detail and information as possible, which gave rise to the issuance of the report, including the dates of occurrence deemed to necessitate the filing of the report;
(4) If court action is involved and known to the reporting agent, the identity of the court, including the date of filing and the docket number of the action.
3. Upon request, the licensing authority may furnish a report of any disciplinary action received by it under the provisions of this section to any entity required to report under this section. Such licensing authority may also furnish, upon request, a report of disciplinary action taken by the licensing authority to any other administrative or law enforcement agency acting within the scope of its statutory authority.
4. There shall be no liability on the part of, and no cause of action of any nature shall arise against any health care professional licensing authority or any entity required to report under this section, or any of their agents or employees for any action taken in good faith and without malice in carrying out the provisions of this section.
5. Neither a report required to be filed under subsection 2 of this section nor the record of any proceeding shall be used against a health care professional in any other administrative or judicial proceeding.
6. Violation of any provision of this section is an infraction.
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(L. 1986 S.B. 663 § 2, A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2010 H.B. 2226, et al.)
(2001) Statements made in incident report by hospital to state board of nursing about nurse were not, in absence of actual proceedings pending against that nurse, entitled to absolute immunity from nurse's libel claim. Haynes-Wilkinson v. Barnes-Jewish Hospital, 131 F.Supp.2d 1140 (E.D.Mo.).
Structure Missouri Revised Statutes
Title XXIV - Business and Financial Institutions
Chapter 383 - Malpractice Insurance
Section 383.005 - Definitions.
Section 383.016 - Articles of association and bylaws, additional contents.
Section 383.020 - Director to issue license, when.
Section 383.033 - Association treated as mutual insurance company, tax purposes.
Section 383.037 - Rates, requirements.
Section 383.040 - Medical malpractice association exempt from premium tax.
Section 383.060 - Definitions.
Section 383.062 - Reports of real estate malpractice, contents.
Section 383.067 - Immunity granted person reporting and director.
Section 383.069 - Confidentiality of information and reports.
Section 383.075 - Definitions.
Section 383.077 - Reports of legal malpractice claims, contents.
Section 383.079 - Duty of director to issue statistical summary.
Section 383.081 - Immunity granted person reporting and director.
Section 383.083 - Confidentiality of information and reports.
Section 383.100 - Definitions.
Section 383.107 - Publication of market rate.
Section 383.108 - Publication of comparison of base rates.
Section 383.110 - Reports, when due, form of.
Section 383.115 - Information confidential, exception.
Section 383.120 - Immunity granted persons reporting and to director.
Section 383.130 - Definitions.
Section 383.150 - Definitions.
Section 383.165 - Additional first year charge to policyholders.
Section 383.170 - Persons eligible to apply for coverage — eligibility requirements.
Section 383.175 - Board of directors, composition — expenses, payment of authorized.
Section 383.180 - Annual statement, when due, contents of.
Section 383.185 - Annual examination required, cost of, how paid.
Section 383.190 - Appeals and review.
Section 383.195 - Termination of plan, when.
Section 383.200 - Definition of insurer.
Section 383.203 - Rates filed with director — form — open to public, copies.
Section 383.209 - Rate increases over fifteen percent prohibited without notice, exception.