383.133. Reports by hospitals, ambulatory surgical centers and licensing authorities, when, contents, limited use, penalty. - Missouri Statutes

Reports by hospitals, ambulatory surgical centers and licensingauthorities, when, contents, limited use, penalty.

383.133. 1. The chief executive office or similarly empoweredofficial of any hospital, ambulatory surgical center, as such terms aredefined in chapter 197, RSMo, or temporary nursing staffing agency, shallreport to the appropriate health care professional licensing authority anydisciplinary action against any health care professional or the voluntaryresignation of any health care professional against whom any complaints orreports have been made which might have led to disciplinary action.

2. All reports required by this section shall be submitted withinfifteen days of the final disciplinary action and shall contain, but neednot be limited to, the following information:

(1) The name, address and telephone number of the person making thereport;

(2) The name, address and telephone number of the person who is thesubject of the report;

(3) A description of the facts, including as much detail andinformation as possible, which gave rise to the issuance of the report,including the dates of occurrence deemed to necessitate the filing of thereport;

(4) If court action is involved and known to the reporting agent, theidentity of the court, including the date of filing and the docket numberof the action.

3. Upon request, the licensing authority may furnish a report of anydisciplinary action received by it under the provisions of this section toany entity required to report under this section. Such licensing authoritymay also furnish, upon request, a report of disciplinary action taken bythe licensing authority to any other administrative or law enforcementagency acting within the scope of its statutory authority.

4. There shall be no liability on the part of, and no cause of actionof any nature shall arise against any health care professional licensingauthority or any entity required to report under this section, or any oftheir agents or employees for any action taken in good faith and withoutmalice in carrying out the provisions of this section.

5. Neither a report required to be filed under subsection 2 of thissection nor the record of any proceeding shall be used against a healthcare professional in any other administrative or judicial proceeding.

6. Violation of any provision of this section is an infraction.

(L. 1986 S.B. 663 § 2, A.L. 2007 H.B. 780 merged with S.B. 308)

(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.).