Title XII, PUBLIC HEALTH AND WELFARE

197.135. Forensic examinations, victims of sexual offense, requirements — waiver of requirements, when — reimbursement of costs — access to statewide telehealth network required — specialty hospital exemption. — 1. Beginning January 1, 2023, or no later than six months after the …

197.145. At-risk behavioral health patient may be detained, when — immunity from liability, when. — 1. Notwithstanding any other provision of law to the contrary, including chapter 632, when an at-risk behavioral health patient, as such term is defined in section 190.240, receive…

197.150. Procedures for compliance, requirements. — The department shall require that each hospital, ambulatory surgical center, abortion facility, and other facility have in place procedures for monitoring and enforcing compliance with infection control regulations and standards…

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 …

197.154. Regulation review and update required, standards. — No later than July 1, 2005, the department shall review and update its current regulations governing hospital and ambulatory surgical center infection control programs. Such standards shall be based upon nationally reco…

197.156. Definition of nosocomial infection outbreaks. — For purposes of reporting nosocomial infection outbreaks as required by department rule, the term "nosocomial infection outbreaks" shall mean infections as defined by the national Centers for Disease Control and Prevention …

197.158. Complaint procedure to be provided to patients. — Every hospital, ambulatory surgery center, and abortion facility shall, beginning June 1, 2006, provide each patient an opportunity to submit to the hospital, ambulatory surgical center, or abortion facility administratio…

197.160. Infection data to be available to department of health and senior services, violation, effect, state payments suspended, when. — The department of health and senior services shall have access to all data and information held by hospitals, ambulatory surgical centers, abo…

197.162. Infection control practices to be considered in licensure process, annual report required. — The department shall in its licensure of hospitals, ambulatory surgical centers, and abortion facilities give special attention to infection control practices and shall direct ho…

197.165. Infection control advisory panel appointed — members — expenses, fund created. — 1. The department shall appoint an "Infection Control Advisory Panel" for the purposes of implementing sections 192.131 and 192.667. 2. Members of the infection control advisory panel shall …

197.168. Influenza vaccination offered to certain inpatients prior to discharge. — Each year between October first and March first and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Preventi…

197.185. Surgical smoke plume evacuation system — definitions — requirements. — 1. For purposes of this section, the following terms mean: (1) "Ambulatory surgical center", the same meaning given to the term in section 197.200; (2) "Hospital", the same meaning given to the term i…

197.200. Definitions. — As used in sections 197.200 to 197.240, unless the context clearly indicates otherwise, the following terms mean: (1) "Abortion facility", as such term is defined in section 188.015; (2) "Ambulatory surgical center", any public or private establishment ope…

197.205. License required to operate. — 1. No person or governmental unit acting severally or jointly with any other person or governmental unit shall establish, conduct or maintain an ambulatory surgical center or abortion facility in this state without a license under sections …

197.210. Application, form of — fee, exception. — 1. Application for a license shall be made to the department upon forms provided by the department and shall contain such information as the department may require. The department of health and senior services may require affirmat…

197.215. License to issue, when — transfer or assignment of license, when — display required. — 1. Upon receipt of an application for a license, the department of health and senior services shall issue a license if the applicant and ambulatory surgical center facilities or aborti…

197.220. Denial, suspension or revocation of license. — The department of health and senior services may deny, suspend or revoke a license in any case in which the department finds that there has been a substantial failure to comply with the requirements of sections 197.200 to 19…

197.221. Review of license denial or revocation by administrative hearing commission. — Any person aggrieved by an official action of the department of health and senior services affecting the licensed status of a person under the provisions of sections 197.200 to 197.240, includ…

197.225. Department of health and senior services may promulgate regulations — abortion facilities to maintain written protocols for medical emergencies and transfer of patients. — 1. The department of health and senior services may adopt such reasonable rules, regulations, and s…

197.230. Department may inspect and investigate — delegation of such authority authorized, when — abortion facilities, unannounced on-site inspections — public reports. — 1. The department of health and senior services shall make, or cause to be made, such inspections and investi…

197.235. Failure to have license a misdemeanor — attorney general to represent department, institute actions — advertising, cannot imply state operation, fine. — 1. Any person operating, conducting, managing, or establishing an ambulatory surgical center or abortion facility with…

197.240. Accident and health insurers to cover care in an ambulatory surgical center or abortion facility, exceptions. — After September 28, 1975, no individual or group health insurance policy of insurance providing coverage on an expense incurred basis, nor individual or group …

197.250. Definitions. — As used in sections 197.250 to 197.280, the following terms mean: (1) "Abuse", any physical, emotional, or sexual maltreatment; (2) "Branch office", a location or site from which a hospice provides services within a portion of the total geographic area ser…

197.252. Certificate required — standards. — 1. No person or other entity shall provide hospice care, or hold himself out as a hospice, unless such person has a certificate pursuant to sections 197.250 to 197.280. 2. All skilled care provided by a hospice shall be provided in acc…

197.254. Application for certificate — fee, how determined — temporary permit — survey and approval — posting of certificate — branch offices. — 1. Any person or other entity desiring to provide hospice care shall file, with the department of health and senior services, a written…

197.256. Renewal, when required, form, fee — survey, approval, renewal of certificate — certificate not renewed is void — statistical reports required. — 1. A hospice shall apply for renewal of its certificate not less than once every twelve months. In addition, such hospice shal…

197.258. Department authorized to make surveys, when required — visiting of homes — survey of other governmental agency, requirements — reciprocal agreements with bordering states — maintenance of branch office in Missouri required, when. — 1. In addition to any survey pursuant t…

197.260. Report of compliance, service — disclosure of reports, confidentiality of information. — 1. Upon the completion of a survey, the department shall prepare a report of the department's findings with respect to whether the hospice is in compliance or out of compliance with …

197.262. Denial of application, grounds — review. — 1. The department may deny any hospice application for certification or renewal or may suspend or revoke such agency's certificate or invoke intermediate sanctions, if the hospice: (1) Is out of compliance with any of the provis…

197.264. Client's bill of rights, contents — discharge planning, contents. — 1. The hospice shall submit to the department for approval a bill of rights that shall be equally applicable to all clients. This bill of rights shall at least include the client's right to be fully info…

197.266. Abuse and neglect, penalty. — Any hospice or employee of a hospice who knowingly abuses or neglects any client, or misappropriates the property of any client, shall be guilty of a class E felony. ­­-------- (L. 1992 H.B. 899 § 9, A.L. 2014 S.B. 491) Effective 1-01-17

197.268. Complaints, grounds, review. — The department shall receive, process, and dispose of complaints against a hospice. Any person may complain of any suspected abuse, neglect, or misappropriation by a hospice or employee of a hospice. The department shall make rules providin…

197.270. Promulgation of rules, procedure. — The department shall promulgate rules as provided in section 197.080 and chapter 536 to effectuate the provisions of sections 197.250 to 197.280. ­­-------- (L. 1992 H.B. 899 § 11, A.L. 1993 S.B. 52)

197.272. State hospice advisory council established — members, qualifications — appointment, terms, reappointment — compensation — duties. — 1. There is hereby established a "State Hospice Advisory Council" which shall guide, advise and make recommendations to the department of h…

197.274. Action to enjoin violations, where filed. — The department may file an action to enjoin any violation of sections 197.250 to 197.280, or of the rules made pursuant thereto, or both. Such action shall be filed in the circuit court of the county in which such hospice has i…

197.276. Violations, penalty. — Any person who violates any provision of sections 197.250 to 197.280 shall be guilty of a class A misdemeanor, except as otherwise provided in section 197.266. ­­-------- (L. 1992 H.B. 899 § 14)

197.278. Department responsibility for inspection and certification. — Any provision of chapter 198 to the contrary notwithstanding, the department shall have sole authority and responsibility for inspection and certification of hospices in this state, including, but not limited …

197.280. Order authorizing entry for survey, grounds for. — Whenever the department has reasonable grounds to believe that a hospice required to be certificated under sections 197.250 to 197.280 is operating without a certificate, and the department is not permitted access to sur…

197.285. Protections for hospital, ambulatory surgical center, and abortion facility employees for certain disclosures — written policy required — procedures for disclosure — anonymous reports. — 1. Hospitals, ambulatory surgical centers, and abortion facilities shall establish a…

197.287. Training programs related to quality of patient care and safety required — standards developed by department of health and senior services. — By July 1, 2001, all hospitals and ambulatory surgical centers, and by July 1, 2018, all abortion facilities shall provide traini…

197.289. Adequate nurse staffing, methodology required, minimum requirements. — 1. All hospitals, ambulatory surgical centers, and abortion facilities shall develop and implement a methodology which ensures adequate nurse staffing that will meet the needs of patients. At a minimu…

197.293. Licensure regulations, standards used by the department of health and senior services for enforcement. — 1. In addition to the powers established in sections 197.070 and 197.220, the department of health and senior services shall use the following standards for enforcing…

197.294. Use of certain information to establish standard of care prohibited in private civil actions. — No information disclosed by the department to the public pursuant to sections 192.019, 192.020, 192.067, 192.131, 192.138, 192.665, and 192.667, and sections 197.150, 197.152,…

197.295. Licensure enforcement, appeals, procedure. — 1. A hospital, ambulatory surgical center, or abortion facility aggrieved by a decision of the department pursuant to the provisions of paragraph (b) of subdivision (2) and subdivisions (3), (4) and (5) of subsection 1 of sect…

197.297. Rulemaking authority, department of health and senior services. — 1. The department of health and senior services may adopt rules necessary to implement the provisions of sections 197.287 to 197.297. 2. No rule or portion of a rule promulgated pursuant to the authority o…

197.300. Citation of law. — Sections 197.300 to 197.366 shall be known as the "Missouri Certificate of Need Law". ­­-------- (L. 1979 H.B. 222 § 1, A.L. 1996 H.B. 1362) Effective 7-12-96