Title XII — PUBLIC HEALTH AND WELFARE

194.005. Death, legal definition. — For all legal purposes, the occurrence of human death shall be determined in accordance with the usual and customary standards of medical practice, provided that death shall not be determined to have occurred unless the following minimal condit…

194.010. Shipment by common carrier, rules. — The department of health and senior services shall issue regulations setting forth health and safety requirements for transporting dead human bodies that are placed on common carriers in the state of Missouri. ­­-------- (RSMo 1939 § …

194.105. Disinterment for transport to location outside original cemetery — notice, to whom. — In addition to any records filed pursuant to chapter 193, any person or owner or operator of any cemetery which removes any body which has been properly buried or interred for transport…

194.115. Autopsy — consent required — penalty for violation — availability of report, to whom. — 1. Except when ordered or directed by a public officer, court of record or agency authorized by law to order an autopsy or postmortem examination, it is unlawful for any licensed phys…

194.117. Sudden infant death — notification — autopsy by certified child death pathologist required, procedure, release to parents or guardian — cost, how paid — department of health and senior services duties — rules and regulations. — Any person who discovers the dead body of, …

194.119. Right of sepulcher, the right to choose and control final disposition of a dead human body. — 1. As used in this section, the term "right of sepulcher" means the right to choose and control the burial, cremation, or other final disposition of a dead human body. 2. For pu…

194.120. Missouri state anatomical board — members — responsibilities. — 1. That the heads of departments of anatomy, professors and associate professors of anatomy at the educational institutions of the state of Missouri which are now or may hereafter become incorporated, and in…

194.130. Meetings of board — organization — funds. — 1. Each educational institution entitled by sections 194.120 to 194.180 to receive dead human bodies shall have, through its representatives in attendance at the regular or called meetings of the board, one vote and no more on …

194.140. Acceptance of provisions of this law — bond — prohibited actions and penalties. — 1. The president and secretary, or the dean and registrar, of any educational institution in this state in which human anatomy is being investigated or taught, desiring to accept the provis…

194.150. Disposal of paupers' bodies. — 1. Superintendents or wardens of penitentiaries, houses of correction and bridewells, hospitals, insane asylums and poorhouses, and coroners, sheriffs, jailers, city and county undertakers, and all other state, county, town or city officers…

194.160. Distribution of bodies. — 1. The secretary of the board shall cause to be distributed the bodies aforesaid, to any of the educational institutions mentioned in section 194.120, upon the acceptance and compliance by said educational institution with the provisions of sect…

194.170. Autopsy not to be held, when. — Bodies required to be buried at public expense shall be under the exclusive custody and control of the board. It is hereby declared unlawful for any person or persons to hold any autopsy on any dead human body subject to the provisions of …

194.180. Penalty for violation. — Any person violating the provisions of sections 194.120 to 194.180, other than the provision named in section 194.140, for the violation of which special penalties are therein imposed, shall be deemed guilty of a misdemeanor and upon conviction t…

194.197. Depth at which body is buried may be regulated. — The governing body of every county and every municipality of this state may regulate the depth at which a human body may be buried. ­­-------- (L. 1985 H.B. 677 § 1)

194.200. Disposition of a stillborn child, definitions, duties of hospital, duties of parents, collection of costs, penalties. — 1. As used in this section, the following terms mean: (1) "Final disposition", the burial, entombment, cremation, delivery to an educational or medical…

194.210. Definitions. — 1. Sections 194.210 to 194.294 may be cited as the "Revised Uniform Anatomical Gift Act". 2. As used in sections 194.210 to 194.294, the following terms mean: (1) "Adult", an individual who is at least eighteen years of age; (2) "Agent", an individual: (a)…

194.215. Applicability of law. — Sections 194.210 to 194.294 apply to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. ­­-------- (L. 2008 S.B. 1139)

194.220. Registry to be established — gift may be made by whom. — 1. (1) The department of health and senior services shall establish or contract for the establishment of a first person consent organ and tissue donor registry. (2) The department of health and senior services and …

194.225. Procedure for making a gift — donor cards, requirements — gift made by will, effect of — registry authorized — website link. — 1. A donor may make an anatomical gift: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imp…

194.230. Amendment or revocation, procedure. — 1. Subject to section 194.240, a donor or other person authorized to make an anatomical gift under section 194.220 may amend or revoke an anatomical gift by: (1) A record signed by: (a) The donor; (b) The other person; or (c) Subject…

194.235. Refusal to make a gift, evidenced how, requirements. — 1. An individual may refuse to make an anatomical gift of the individual's body or part by: (1) A record signed by: (a) The individual; or (b) Subject to subsection 2 of this section, another individual acting at the…

194.240. Person other than donor barred from making, amending, or revoking donor's gift — revocation not a bar to making a gift — parent may revoke or amend a gift of a child. — 1. Except as otherwise provided in subsection 7 of this section and subject to subsection 6 of this se…

[Repealed or reserved.]

194.250. Document of gift, procedure. — 1. A person authorized to make an anatomical gift under section 194.245 may make an anatomical gift by a document of gift signed by the person making the gift or that person's oral communication that is electronically recorded or is contemp…

194.255. Persons eligible to receive gift in the document of gift — gifts not naming persons, effect of — refusal of gift required when. — 1. An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital, accredited medical school, dental s…

194.260. Reasonable search to identify donors — immunity from liability, when. — 1. The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individua…

194.263. Delivery of document of gift not required — examination and copying of document permitted, when. — 1. A document of gift need not be delivered during the donor's lifetime to be effective. 2. Upon or after an individual's death, a person in possession of a document of gif…

194.265. Referral to procurement organization, diligent search of donor registry required — reasonable examination of body parts permitted, when — search for minor's parents required, when — attending physician shall not procure, when. — 1. When a hospital refers an individual at…

194.270. Hospitals to enter into agreements with procurement organizations. — Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. ­­-------- (L. 1969 S.B. 43 § 7, A.L. …

194.275. Purchase or sale of body parts for valuable consideration prohibited — penalty — definition. — 1. Except as otherwise provided in subsection 2 of this section, a person that for valuable consideration knowingly purchases or sells a part for any purpose if removal of the …

194.280. Falsification of documents, penalty. — Any person that in order to obtain a financial gain knowingly falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon pleading…

194.285. Immunity from liability, when. — 1. A person that acts in accordance with sections 194.210 to 194.294 or with the applicable anatomical gift law of another state that is not inconsistent with the provisions of sections 194.210 to 194.294 or attempts without negligence an…

194.290. Declarations and advance health care directives — definitions — gift in conflict with, donor or physician to resolve. — 1. As used in this section, the following terms mean: (1) "Advance health-care directive", a power of attorney for health care or a record signed or au…

194.292. Requirements for valid execution of a document of gift — presumption of validity, when — requirements for out-of-state execution of documents. — 1. A document of gift is valid if executed in accordance with: (1) Sections 194.210 to 194.294; (2) The laws of the state or c…

194.293. Uniformity of law a consideration in construing statutory provisions. — In applying and construing sections 194.216* to 194.290, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. ­­---…

194.294. Effect of law on certain federal acts. — Sections 194.210 to 194.294 modify, limit, and supersede* the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(a) of that act, 15 U.S.…

194.295. Embalmers authorized to enucleate eyes, when. — Any embalmer, licensed under the provisions of chapter 333, who has successfully completed a course in eye enucleation conducted or certified by the department of ophthalmology of a college of medicine offering said course,…

194.297. Organ donor program fund established — funding, administration, investment of moneys — transfer to general revenue prohibited. — 1. There is established in the state treasury the "Organ Donor Program Fund". The state treasurer shall credit to and deposit in the organ don…

194.299. Money in organ donor program fund, how expended. — The moneys in the organ donor program fund shall be expended as follows: (1) The department of health and senior services may enter into contracts with certified organ procurement organizations, other organizations, indi…

194.300. Organ donation advisory committee established, appointment, qualifications, expenses, terms. — 1. There is established within the department of health and senior services the "Organ Donation Advisory Committee", which shall consist of the following members appointed by t…

194.302. Advisory committee's powers and duties — annual report, due when. — The advisory committee shall assist the department of health and senior services and the department of elementary and secondary education in the development of organ donor awareness programs to educate t…

194.304. Transfer of donor registry information, department of revenue to cooperate — registry requirements. — 1. The department of revenue shall cooperate with any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the don…

194.307. Effective date for sections 194.240, 194.297 through 194.304 and section 302.171. — Sections 194.240, 194.297 to 194.304 and section 302.171 shall become effective January 1, 1996. ­­-------- (L. 1995 H.B. 178 § B)

194.320. Physical or mental disability, or congenital condition of recipient of anatomical gift — limitations on hospitals, physicians, and procurement organizations to determine ultimate recipient. — 1. No hospital, as defined in section 197.020, physician, procurement organizat…

194.321. Recipients and donors, COVID-19 vaccination status not to be considered, when, exception. — 1. For purposes of this section, the following terms mean: (1) "COVID-19 vaccination status", an indication of whether a person has received a vaccination against COVID-19; (2) "H…

194.350. Disposition of cremated remains — if no directions are given, procedure, notice. — A licensed funeral establishment which cremates, or contracts for the cremation of, a dead human body, whether the cremation occurs before or after August 28, 1989, may dispose of the crem…

194.360. Veterans, cremated remains — definitions — funeral establishment or coroner, authorized release of identifying information, to whom — release of remains, when — immunity from liability. — 1. As used in this section the following terms shall mean: (1) "Funeral establishme…

194.375. Citation of law — definitions. — 1. Sections 194.375 to 194.390 shall be known and may be cited as the "Disposition of Fetal Remains Act". 2. As used in sections 194.375 to 194.390, the following terms mean: (1) "Final disposition", the burial, cremation, or other dispos…

194.378. Final disposition of fetal remains, mother has right to determine. — In every instance of fetal death, the mother has the right to determine the final disposition of the remains of the fetus, regardless of the duration of the pregnancy. The mother may choose any means of…

194.381. Means of disposition. — 1. The final disposition of the remains of a human fetus may be by cremation, interment by burial, incineration in an approved medical waste incinerator, or other means authorized by the director of the department of health and senior services. Th…