Effective 24 Oct 2017, see footnote

197.152. Protection for reporting infection control concerns, reporting required — authority of infection control officers, review of orders — good faith reporting of infection control concerns protected. — 1. Infection control officers as defined in federal regulation and other hospital, ambulatory surgical center, and abortion facility employees shall be protected against retaliation by the hospital, ambulatory surgical center, or abortion facility for reporting infection control concerns pursuant to section 197.285 and shall be entitled to the full benefits of that section. Such infection control officers shall report any interference in the performance of their duties by their supervisors to the hospital, ambulatory surgical center, or abortion facility compliance officer established by and empowered to act pursuant to section 197.285.

2. Infection control officers as defined in federal regulation shall also have the authority to order the cessation of a practice that falls outside accepted practices as defined by appropriate state and federal regulatory agencies, accreditation organizations, or the standards adopted by the Centers for Disease Control and Prevention or the Association of Professionals in Infection Control and Epidemiology. The hospital, ambulatory surgical center, or abortion facility may require that such a cessation order of an infection control officer be endorsed by the hospital, ambulatory surgical center, or abortion facility chief executive officer or his or her designee before taking effect. The hospital, ambulatory surgical center, or abortion facility infection control committee shall convene as soon as possible to review such cessation order and may overrule or sustain the directive of the infection control officer. The department shall promulgate rules governing documentation of such events.

3. Members of the medical staff who report in good faith infection control concerns to the hospital, ambulatory surgical center, or abortion facility administration or medical staff leadership shall not be subject to retaliation or discrimination for doing so. Nothing in this section shall prevent or shield medical staff members from being subject to professional review actions for substandard care or breach of standards established in hospital policy, rules, or medical staff bylaws.

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(L. 2004 S.B. 1279, A.L. 2017 2d Ex. Sess. S.B. 5)

Effective 10-24-17