Senate Committee Substitute

SCS/HCS/HB 1280 - This act authorizes the establishment of a peer review process for architects, landscape architects, professional land surveyors, and professional engineers.

This act only applies to licensed architects, landscape architects, professional land surveyors, and professional engineers reviewing the type of documents that such a license would be required to draft.

Third-party peer reviewers are granted immunity from civil liability for their actions if they are reasonably related to the peer review process, in good faith, and without malice. The peer review must be performed before substantial completion of the project to create immunity. Documents created during a lessons learned process will be privileged, not subject to discovery, and inadmissible in any judicial or administrative action. A person who participated in a lessons learned process shall not be permitted or required to disclose information they learned from the process.

This act does not limit the authority of the Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects to obtain information from a peer reviewer. The provisions granting immunity to third-party peer reviewers will expire on January 1, 2023. Immunity granted to a person performing a peer review prior to that date will continue to be immune.

This act is similar to SB 667 (2012) and SB 326 (2011).

MIKE HAMMANN


Return to Main Bill Page