HCS HB 691 -- IMPAIRED PHYSICIAN PROGRAM

SPONSOR:  Schaaf

COMMITTEE ACTION:  Voted "do pass" by the Committee on Healthcare
Transformation by a vote of 9 to 3.

This substitute authorizes the State Board of Registration for
the Healing Arts within the Department of Insurance, Financial
Institutions and Professional Registration to establish an
impaired physician program to promote the early identification,
intervention, treatment, or rehabilitation of physicians who may
be impaired due to illness, substance abuse, or as the result of
any mental condition.  Documents and communications related to
the program will be considered privileged and confidential.
Records and proceedings of the program will be privileged and
confidential, may only be used in program functions, will not be
considered public records, and will not be subject to court
subpoena or used as evidence in any civil, criminal, or
administrative proceeding.  The program may to disclose
information relative to an impaired physician in certain
specified situations.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2010,
FY 2011, and FY 2012.  Estimated Cost on Other State Funds of
$4,162 in FY 2010, $0 in FY 2011, and $0 in FY 2012.

PROPONENTS:  Supporters say that the bill encourages physicians
to get help from the program and won't impede malpractice actions
against a physician.  Many organizations have programs for
impaired professionals.

Testifying for the bill were Representative Schaaf; and Missouri
State Medical Association.

OPPONENTS:  Those who oppose the bill say that physicians already
seek treatment without the privileges provided by the bill and
the bill is not necessary.  The bill provides a private privilege
for a special class of people and will withhold information from
juries.

Testifying against the bill was Missouri Republican Attorneys for
Civil Justice.

OTHERS:  Others testifying on the bill explained the actions and
the responsibilities of maintaining the controlled substance drug
supply and how an impaired physician is handled under established
regulations.

Testifying on the bill was Department of Health and Senior
Services.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am