THE BILL ITSELF
CS/HB 587
Medical Review Committees
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A bill to be entitled
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An act relating to medical review committees; amending
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s. 766.101, F.S.; revising the definition of the term
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"medical review committee"; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (1), subsection
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(5), and paragraph (c) of subsection (7) of section 766.101,
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Florida Statutes, are amended to read:
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766.101 Medical review committee, immunity from
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liability.—
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(1) As used in this section:
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(a) The term "medical review committee" or "committee"
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means:
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1.a. A committee of a hospital or ambulatory surgical
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center licensed under chapter 395 or a health maintenance
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organization certificated under part I of chapter 641;
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b. A committee of a physician-hospital organization, a
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provider-sponsored organization, or an integrated delivery
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system;
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c. A committee of a state or local professional society of
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health care providers;
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d. A committee of a medical staff of a licensed hospital
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or nursing home, provided the medical staff operates pursuant to
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written bylaws that have been approved by the governing board of
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the hospital or nursing home;
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e. A committee of the Department of Corrections or the
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Correctional Medical Authority as created under s. 945.602, or
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employees, agents, or consultants of either the department or
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the authority or both;
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f. A committee of a professional service corporation
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formed under chapter 621 or a corporation organized under part I
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of chapter 607 or chapter 617, which is formed and operated for
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the practice of medicine as defined in s. 458.305(3), and which
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has at least 25 health care providers who routinely provide
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health care services directly to patients;
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g. A committee of the Department of Children and Families
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or a managing entity as defined in s. 394.9082(2), which may
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include includes employees or, agents of, or consultants to the
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department or managing entity and any other persons the
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department or managing entity deems as deemed necessary to
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provide peer review, utilization review, or and mortality review
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of treatment services provided pursuant to chapters 394, 397,
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and 916;
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h. A committee of a mental health treatment facility
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licensed under chapter 394 or a community mental health center
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as defined in s. 394.907, provided the quality assurance program
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operates pursuant to the guidelines that have been approved by
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the governing board of the agency;
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i. A committee of a substance abuse treatment and
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education prevention program licensed under chapter 397 provided
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the quality assurance program operates pursuant to the
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guidelines that have been approved by the governing board of the
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agency;
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j. A peer review or utilization review committee organized
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under chapter 440;
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k. A committee of the Department of Health, a county
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health department, healthy start coalition, or certified rural
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health network, when reviewing quality of care, or employees of
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these entities when reviewing mortality records; or
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l. A continuous quality improvement committee of a
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pharmacy licensed pursuant to chapter 465,
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which committee is formed to evaluate and improve the quality of
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health care rendered by providers of health service, to
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determine whether that health services rendered were
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professionally indicated or were performed in compliance with
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the applicable standard of care, or whether that the cost of
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health care rendered was considered reasonable by the providers
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of professional health services in the area; or
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2. A committee of an insurer, self-insurer, or joint
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underwriting association of medical malpractice insurance, or
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other persons conducting review under s. 766.106.
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(5) The investigations, proceedings, and records of a
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committee as described in the preceding subsections are shall
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not be subject to discovery or introduction into evidence in any
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civil or administrative action against a provider of
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professional health services or a managing entity arising out of
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the matters which are the subject of evaluation and review by
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such committee, and any no person who was in attendance at a
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meeting of such committee is not shall be permitted or required
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to testify in any such civil action as to any evidence or other
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matters produced or presented during the proceedings of such
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committee or as to any findings, recommendations, evaluations,
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opinions, or other actions of such committee or any members
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thereof. However, information, documents, or records otherwise
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available from original sources are not to be construed as
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immune from discovery or use in any such civil action merely
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because they were presented during proceedings of such
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committee, nor should any person who testifies before such
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committee or who is a member of such committee be prevented from
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testifying as to matters within his or her knowledge, but the
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said witness cannot be asked about his or her testimony before
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such a committee or opinions formed by him or her as a result of
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such said committee hearings.
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(7)
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(c) So as not to inhibit the willing and voluntary service
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of professional society members on medical review committees,
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the department shall use advisory reports from medical
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committees as background information only and shall prepare its
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own case using independently prepared evidence and supporting
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expert opinion for submission to the probable cause panel of a
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regulatory board formed under chapter 458 or chapter 459.
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Proceedings of all medical review committees, as defined in s.
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766.101(1)(a), are exempt from the provisions of s. 286.011 and
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s. 24(b), Art. I of the State Constitution, and any advisory
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reports provided to the department by such committees are
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confidential and exempt from the provisions of s. 119.07(1) and
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s. 24(a), Art. I of the State Constitution, regardless of
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whether probable cause is found. The medical review committee
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advisory reports and any records created by the medical review
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committee are not subject to discovery or introduction into
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evidence in any disciplinary proceeding against a licensee.
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Further, no person who voluntarily serves on a medical review
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committee or who investigates a complaint for the committee may
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be permitted or required to testify in any such disciplinary
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proceeding as to any evidence or other matters produced or
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presented during the proceedings of such committee or as to any
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findings, recommendations, evaluations, opinions, or other
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actions of such committee or any members thereof. However,
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nothing in this section shall be construed to mean that
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information, documents, or records otherwise available and
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obtained from original sources are immune from discovery or use
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in any such disciplinary proceeding merely because they were
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presented during proceedings of a peer review organization or
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committee. Members of medical review committees shall assist the
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department in identifying such original sources when possible.
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This act shall take effect October 1, 2026. Section 2.