Title XXVI, TRADE AND COMMERCE

404.730. Scope and application of law — application of law to nondurable powers of attorney. — 1. Sections 404.700 to 404.735 apply to the acts and transactions in this state of attorneys in fact under powers of attorney executed in this state or by residents of this state; and a…

404.731. Jurisdiction of probate division of circuit court — guardian or conservator ad litem appointed, when. — 1. The probate division of the circuit court may hear and determine all matters pertaining to acts and transactions of an attorney in fact performed or undertaken unde…

404.735. Repeal of sections 486.550 to 486.595 does not affect validity of existing durable powers of attorney. — 1. The repeal of the Missouri durable power of attorney law, sections 486.550 to 486.595, shall not affect the validity of durable powers of attorney created under th…

404.737. Exceptions to amendments of durable power of attorney law enacted in 1997. — The amendments to the durable power of attorney law of Missouri enacted in 1997 are effective August 28, 1997, and shall apply, except that, as to powers of attorney executed prior to January 1,…

404.800. Short title. — Sections 404.800 to 404.865 may be cited as the "Durable Power of Attorney for Health Care Act". ­­-------- (L. 1991 S.B. 148)

404.805. Definitions. — 1. As used in sections 404.800 to 404.865, the following terms mean: (1) "Certification", a written instrument or a written entry in a medical record; (2) "Incapacitated", a person who is unable by reason of any physical or mental condition to receive and …

404.810. Applicability of general law. — Section 404.710, section 404.714, section 404.705, subsections 1 and 2 of section 404.707, section 404.717, subsection 1 and 2 of section 404.723, section 404.727, and section 404.731 shall apply to powers granted under sections 404.800 to…

404.815. Physician, health care facility, not to serve as attorney in fact — exceptions. — Notwithstanding any other provision of law to the contrary, an attending physician or an employee of the attending physician, or an owner, operator or employee of a health care facility in …

404.820. Withdrawing or withholding treatment, specific authority required — restrictions. — 1. If a patient wishes to confer on an attorney in fact the authority to direct a health care provider to withhold or withdraw artificially supplied nutrition and hydration, the patient s…

404.822. Health care decisions, attorney in fact to consider medical diagnosis. — In making any health care decision in accordance with sections 404.800 to 404.865, the attorney in fact shall seek and consider information concerning the patient's medical diagnosis, the patient's …

404.825. Examination of patient required, content. — Unless the patient expressly authorizes otherwise in the power of attorney, the powers and duties of the attorney in fact to make health care decisions shall commence upon a certification by two licensed physicians based upon a…

404.830. Physician, health care facility, may refuse decision of attorney in fact, when — transfer from facility allowed. — 1. No physician, nurse, or other individual who is a health care provider or an employee of a health care facility shall be required to honor a health care …

404.835. Execution of durable power of attorney not to be required. — 1. It shall be unlawful for a physician, nurse or other individual who is a health care provider or an employee of a health care facility, hospital, nursing facility, residential care facility or other health c…

404.840. Medical records to include durable power of attorney, when — effect. — 1. A copy of a power of attorney for health care decisions shall be made a part of the patient's medical record when the existence of the power of attorney becomes known to the patient's health care p…

404.845. Death resulting from withholding treatment, not to be suicide or homicide, when. — 1. Nothing contained in sections 404.800 to 404.865 shall revoke, amend or limit the operation of chapter 565. 2. If the patient's death results from withholding or withdrawing life-sustai…

404.847. Prior durable power of attorney remains valid, when. — Nothing contained in sections 404.800 to 404.865 shall be construed to invalidate any durable power of attorney executed prior to August 28, 1991, which permits an attorney in fact to make health care decisions for t…

404.850. Revocation, procedure, effect. — 1. A power of attorney for health care may be revoked at any time and in any manner by which the patient is able to communicate the intent to revoke. Revocation shall be effective upon communication of such revocation by the patient to th…

404.855. Liability, immunity from, when. — A third person, if acting in good faith, may rely and act on the instruction of and deal with the attorney in fact acting pursuant to the authority granted in a power of attorney for health care without liability to the patient or the pa…

404.865. Delegation of decision-making authority by attorney in fact prohibited, when. — Notwithstanding the provisions of subsection 1 of section 404.723, an attorney in fact shall not be authorized to delegate such health care decision-making power to another person unless expl…

404.870. Handicapped or disabled, discrimination against not allowed. — Nothing in sections 404.710 to 404.865 shall be construed to authorize, approve or condone discrimination against the handicapped or the disabled in the exercise of the authority of a durable power of attorne…

404.872. Refusal to honor health care decision, discrimination prohibited, when. — No physician, nurse, or other individual who is a health care provider or an employee of a health care facility shall be discharged or otherwise discriminated against in his employment or employmen…

407.005. Digital electronic equipment definition. — As used in this chapter, unless the context clearly requires otherwise, the term "digital electronic equipment" shall mean any product that depends for its functioning, in whole or in part, on digital electronics embedded in or …

407.010. Definitions. — As used in sections 407.010 to 407.130, the following words and terms mean: (1) "Advertisement", the attempt by publication, dissemination, solicitation, circulation, or any other means to induce, directly or indirectly, any person to enter into any obliga…

407.020. Unlawful practices, penalty — exceptions. — 1. The act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sal…

407.023. Representation of a business at wholesale trade shows or markets — proof of agency required. — 1. No person who alleges to represent a particular business at a wholesale trade show or market shall rent or lease space at the trade show or market unless he can produce writ…

407.025. Civil action to recover damages — class actions authorized, when — procedure. — 1. (1) Any person who purchases or leases merchandise primarily for personal, family or household purposes and thereby suffers an ascertainable loss of money or property, real or personal, as…

407.030. Voluntary compliance, assurance made, effect of — violation, penalty. — 1. In the administration of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any method, act, use, practice or solicitation deemed to be violative of…

407.040. Investigations by attorney general — investigative demand, contents of, how served. — 1. When it appears to the attorney general that a person has engaged in or is engaging in any method, act, use, practice or solicitation declared to be unlawful by this chapter or when …

407.045. Self-incrimination — person claiming right not subject to criminal prosecution or penalty — procedure. — In any civil investigative demand served under section 407.040, no individual shall be permitted to refuse to answer any question material to the matter in controvers…

407.050. Evidence, when and where produced. — Documentary material, information, or physical evidence demanded pursuant to the provisions of sections 407.010 to 407.130 shall be produced during normal business hours at the principal office or place of business of the person serve…

407.060. Disclosure of information, material or evidence, limitation on — trade secrets require court order, when. — 1. No information, documentary material, or physical evidence requested pursuant to a civil investigative demand issued under section 407.040 shall, unless otherwi…

407.070. Petition to extend return date, when and where filed. — At any time before the return date specified in a civil investigative demand issued under section 407.040, or within twenty days after the civil investigative demand has been served, whichever period is shorter, a p…

407.080. Interference with or avoidance of a civil investigative demand prohibited, penalty — attorney general to enforce. — A person upon whom a civil investigative demand is served pursuant to the provisions of section 407.040 shall comply with the terms thereof unless otherwis…

407.090. Attorney general may request court order to produce evidentiary material — request filed where. — Whenever any person fails to comply with any civil investigative demand duly served upon him under section 407.040 or whenever satisfactory copying or reproduction of any su…

407.095. Order by attorney general prohibiting unlawful acts — procedure — expiration of order — penalty for violation. — 1. Whenever it appears to the attorney general that a person has engaged in, is engaging in or is about to engage in any method, act, use, practice or solicit…

407.100. Injunction — temporary restraining orders — receivers — restitution, when — civil penalty — venue — restitution funds payable to injured parties but interest payable to general revenue. — 1. Whenever it appears to the attorney general that a person has engaged in, is eng…

407.1025. Definitions. — As used in sections 407.1025 to 407.1049, unless the context otherwise requires, the following terms mean: (1) "Administrative hearing commission", the body established in chapter 621 to conduct administrative hearings; (2) "All-terrain vehicle", any moto…

407.1028. Long-arm jurisdiction, motorcycle and all-terrain vehicle (ATV) businesses. — Any person who is engaged or engages directly or indirectly in purposeful contacts within the state of Missouri in connection with the offering, advertising, purchasing, selling, or contractin…

407.1031. Procedure, before administrative hearing commission, application, notice, hearing, order, review. — 1. Any party seeking relief pursuant to the provisions of sections 407.1025 to 407.1049 may file an application for a hearing with the administrative hearing commission w…

407.1034. Unlawful merchandising practices by motorcycle or all-terrain vehicle (ATV) franchisor. — Notwithstanding the terms of any franchise agreement, the performance, whether by act or omission, by a motorcycle or all-terrain vehicle franchisor of any or all of the following …

407.1035. Relevant market area for motorcycle and all-terrain vehicle franchises, definitions. — 1. For purposes of this section, "relevant market area" means: (1) For a proposed franchisee or franchisee who plans to relocate his or her place of business in a county having a popu…

407.1037. Location of dealerships in City of St. Louis. — When a franchised dealer or manufacturer proposes to establish or relocate a motorcycle or all-terrain vehicle dealership within any city not within a county, the dealer or manufacturer shall make reasonable efforts to est…

407.1040. License approval in metropolitan areas, minorities. — The Missouri department of revenue, in approving licenses for dealer franchises in any metropolitan statistical area with a population of more than one million inhabitants as defined by the federal Office of Manageme…

407.1043. Defenses. — It shall be a defense for a motorcycle or all-terrain vehicle franchisor, to any action brought pursuant to sections 407.1025 to 407.1049 by a motorcycle or all-terrain vehicle franchisee, if it is shown that such motorcycle or all-terrain vehicle franchisee…

407.1046. False advertising prohibited. — No franchisee or franchisor shall use any false, deceptive or misleading advertising. ­­-------- (L. 1998 H.B. 1055 § 8)

407.1047. Compensation agreements between franchisors and franchisees engaged in sale of motorcycles and ATVs. — 1. The provisions of this section shall apply to franchisors and franchisees engaged in the sale of motorcycles and all-terrain vehicles. 2. Each franchisor shall spec…

407.1049. Civil action, remedies. — In addition to the administrative relief provided in sections 407.1025 to 407.1049, any motorcycle or all-terrain vehicle franchisee may bring an action in any court of competent jurisdiction against a motorcycle or all-terrain vehicle franchis…

407.105. Receiver, powers and duties of. — When a receiver is appointed by the court pursuant to section 407.100, he may sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records,…

407.1060. Definitions. — As used in sections 407.1060 to 407.1068, the following terms mean: (1) "Annuity issuer", an insurer that has issued an annuity contract to be used to fund periodic payments pursuant to a structured settlement; (2) "Code", the United States Internal Reven…

407.1062. Structured settlement payment transfers, requirements. — No transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of any t…