reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1115 - Board's powers, duties and limitation on expenditures.

There are multiple enactments of 196.1115
Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2003, 2 histories
*196.1115. Board's powers, duties and limitation on expenditures. —
1. The moneys appropriated to the life sciences research board that are not distributed by the board in any fiscal year to a center for excellence or a center for excellence endorsed program pursuant to section 196.1112, if any, shall be held in reserve by the board or shall be awarded on the basis of peer review panel recommendations for capacity building initiatives proposed by public and private not-for-profit academic, research, or health care institutions or organizations, or individuals engaged in competitive research in targeted fields consistent with the provisions of sections 196.1100 to 196.1130.
2. The life sciences research board may, in view of the limitations expressed in section 196.1130:
(1) Award and enter into grants or contracts relating to increasing Missouri's research capacity at public or private not-for-profit institutions;
(2) Make provision for peer review panels to recommend and review research projects;
(3) Contract for administrative and support services;
(4) Lease or acquire facilities and equipment;
(5) Employ administrative staff; and
(6) Receive, retain, hold, invest, disburse or administer any moneys that it receives from appropriations or from any other source.
3. The life sciences research board shall utilize as much of the moneys as reasonably possible for building capacity at public and private not-for-profit institutions to do research rather than for administrative expenses. The board shall not in any fiscal year expend more than two percent of the total moneys appropriated to it and of the moneys that it has in reserve or has received from other sources for its own administrative expenses; provided, however, that the general assembly by appropriation from the life sciences research trust fund may authorize a limited amount of additional moneys to be expended for administrative costs.
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(L. 2003 H.B. 688)
*Revisor's Note: This section is reprinted in accordance with section 3.066. S.B. 7, First Extraordinary Session of the 96th General Assembly, 2011, amended this section. S.B. 7 was declared unconstitutional as a violation of the single subject requirement of Article III, Section 23, of the Missouri Constitution (see annotation above), rendering the repeal and reenactment of this section ineffective.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1118 - Annual audit by state auditor or private accounting firm — audit available to public — every three years comprehensive report for governor and general assembly, content — audit and report not administrative expense.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2003
196.1118. Annual audit by state auditor or private accounting firm — audit available to public — every three years comprehensive report for governor and general assembly, content — audit and report not administrative expense. —
The life sciences research board shall make provision for and secure the state auditor or outside public accounting firm an annual audit of its financial affairs and the moneys expended from the life sciences research trust fund. Such audit shall be performed on a fiscal year basis and the cost of such audit shall not be considered as an administrative expense for purposes of subsection 3 of section 196.1115. The board shall make copies of each audit available to the public. Every three years the board, with the assistance of its staff or independent contractors as determined by the board, shall prepare a comprehensive report assessing the work and progress of the life sciences research program. Such assessment report shall analyze the impact of the board's programs, grants, and contracts performed, shall be provided to the governor and the general assembly, and shall be available to the public. The cost of such assessment report shall not be considered an administrative expense for purposes of subsection 3 of section 196.1115.
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(L. 2003 H.B. 688)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1121 - Reimbursement of costs allowed if four-part test met — institutions or organizations receiving grants or awards to retain title to all inventions, data and discoveries — rulemaking authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2003
196.1121. Reimbursement of costs allowed if four-part test met — institutions or organizations receiving grants or awards to retain title to all inventions, data and discoveries — rulemaking authority. —
1. Grant or contract awards made with moneys appropriated from the life sciences research trust fund shall provide for the reimbursement of costs. Whether reimbursement of specific costs is allowed depends on the application of a four-part test balancing which shall include:
(1) The reasonableness of the cost;
(2) The connection to the grant or contract;
(3) The consistency demonstrated in assigning costs to the grant or contract; and
(4) Conformance with the specific terms and conditions of the award or contract.
­­The life sciences research board may from time to time issue rules and guidelines consistent with such four-part test and provide grant and contract recipients with a list or other explanation of regularly permitted costs.
2. Grant and contract recipients shall preserve research freedom, ensure timely disclosure of their research findings to the scientific community, including through publications and presentations at scientific meetings, and promote utilization, commercialization, and public availability of their inventions and other intellectual property developed as a general institutional policy. Institutions or organizations receiving grant or contract awards shall retain all right, title, and interest, including all intellectual property rights, in and to any and all inventions, ideas, data, improvements, modifications, know-how, creations, copyrightable material, trade secrets, methods, processes, discoveries, and derivatives, regardless of patentability, that are made in the performance of work under a grant award. The life sciences research board shall adopt reasonable rules to ensure that any such intellectual property rights are utilized reasonably and in a manner that is in the public interest.
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(L. 2003 H.B. 688)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1124 - Board members not to be employed by public or private entity receiving financial support from trust fund — conflict of interest guidelines to be developed.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2003
196.1124. Board members not to be employed by public or private entity receiving financial support from trust fund — conflict of interest guidelines to be developed. —
No member of the life sciences research board shall be employed by any public or private not-for-profit entity entitled to receive financial support from the life sciences research trust fund, or participate in the making of any decision by the board to make any grant to the board member, any person who is related to the board member within the fourth degree of consanguinity or affinity, any public entity for which the board member serves as an officer, director, or other member of the entity's governing body, or any private entity for which the board member or the member's spouse is employed, serves as an officer, director, or other member of the entity's governing body. The board may from time to time issue conflict of interest guidelines and requirements with respect to the administration of the life sciences research program, to govern the actions of its employees and agents, and to implement the provisions of this section.
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(L. 2003 H.B. 688)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 196 - Food, Drugs and Tobacco › Section 196.1130 - Rules to become effective, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 196
• Effective - 28 Aug 2003
196.1130. Rules to become effective, when. —
No rule or portion of a rule promulgated pursuant to the authority of sections 196.1100 to 196.1130 shall become effective unless it has been promulgated pursuant to chapter 536.
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(L. 2003 H.B. 688)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.005 - Medicare conditions of participation compliance, deemed compliance with hospital licensure standards.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2023, 2 histories
197.005. Medicare conditions of participation compliance, deemed compliance with hospital licensure standards. —
1. As used in this section, the term
"Medicare conditions of participation"
shall mean federal regulatory standards established under Title XVIII of the Social Security Act and defined in 42 CFR 482, as amended, for hospitals and 42 CFR 485, as amended, for hospitals designated as critical access hospitals under 42 U.S.C. Section 1395i-4 and for facilities designated as rural emergency hospitals under 42 U.S.C. Section 1395x(kkk)(2).
2. To minimize the administrative cost of enforcing and complying with duplicative regulatory standards, on and after July 1, 2018, compliance with Medicare conditions of participation shall be deemed to constitute compliance with the standards for hospital licensure under sections 197.010 to 197.120 and regulations promulgated thereunder.
3. Nothing in this section shall preclude the department of health and senior services from promulgating regulations effective on or after July 1, 2018, to define separate regulatory standards that do not duplicate or contradict the Medicare conditions of participation, with specific state statutory authorization to create separate regulatory standards.
4. Regulations promulgated by the department of health and senior services to establish and enforce hospital licensure regulations under this chapter that duplicate or conflict with the Medicare conditions of participation shall lapse and expire on and after July 1, 2018.
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(L. 2017 S.B. 50 merged with S.B. 501, A.L. 2023 H.B. 402)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.010 - Citation of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1953
197.010. Citation of law. —
This law may be cited and referred to as the "Hospital Licensing Law".
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(L. 1953 p. 631 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.020 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2023, 2 histories
197.020. Definitions. —
1.
"Governmental unit"
means any county, municipality or other political subdivision or any department, division, board or other agency of any of the foregoing.
2.
"Hospital"
means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four consecutive hours in any week of three or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions; or a place devoted primarily to provide for not less than twenty-four consecutive hours in any week medical or nursing care for three or more nonrelated individuals. The term "hospital" shall include a facility designated as a rural emergency hospital by the Centers for Medicare and Medicaid Services. The term "hospital" does not include convalescent, nursing, shelter or boarding homes as defined in chapter 198.
3.
"Person"
means any individual, firm, partnership, corporation, company or association and the legal successors thereof.
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(L. 1953 p. 631 § 2, A.L. 1959 S.B. 19, A.L. 1994 H.B. 1408 merged with H.B. 1427, A.L. 2023 H.B. 402 merged with S.B. 24 merged with S.B. 45 & 90 merged with S.B. 106)
(1995) Outpatient radiation therapy services operated by hospital in commercial building was not open twenty-four hours in any day and is not a hospital, therefore is not subject to certificate of need law. SSM Health Care v. Missouri Health Facilities Review Committee, 894 S.W.2d 674 (Mo. en banc).
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.030 - Purposes of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1953
197.030. Purposes of law. —
The purpose of this law is to provide for the development, establishment and enforcement of standards for the care and treatment of individuals in hospitals and for the construction, maintenance and operation of hospitals, which, in the light of advancing knowledge, will promote safe and adequate treatment of such individuals in hospitals.
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(L. 1953 p. 631 § 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.032 - Hospitals and medical personnel may refuse abortions — no denial of public benefits for such refusal — civil action, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1973
197.032. Hospitals and medical personnel may refuse abortions — no denial of public benefits for such refusal — civil action, when. —
1. No physician or surgeon, registered nurse, practical nurse, midwife or hospital, public or private, shall be required to treat or admit for treatment any woman for the purpose of abortion if such treatment or admission for treatment is contrary to the established policy of, or the moral, ethical or religious beliefs of, such physician, surgeon, registered nurse, midwife, practical nurse or hospital. No cause of action shall accrue against any such physician, surgeon, registered nurse, midwife, practical nurse or hospital on account of such refusal to treat or admit for treatment any woman for abortion purposes.
2. No person or institution shall be denied or discriminated against in the reception of any public benefit, assistance or privilege whatsoever or in any employment, public or private, on the grounds that they refuse to undergo an abortion, to advise, consent to, assist in or perform an abortion.
3. Any person who shall deny or discriminate against another for refusal to perform or participate in an abortion shall be liable to the party injured in an action at law, suit in equity or other redress.
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(L. 1973 H.B. 731 & 793 §§ 1, 2, 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.040 - License for hospital required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jul 2018, 2 histories, see footnote
197.040. License for hospital required. —
After ninety days from the date this law becomes effective, no person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct or maintain a hospital in this state without a license under this law and section 197.005 issued by the department of health and senior services.
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(L. 1953 p. 631 § 4, A.L. 2017 S.B. 50 merged with S.B. 501)
Effective 7-01-18
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.050 - Application for license, contents — fee.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jul 2018, 2 histories, see footnote
197.050. Application for license, contents — fee. —
Application for a license shall be made to the department of health and senior services upon forms provided by it and shall contain such information as the department of health and senior services requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder in compliance with section 197.005. Until June 30, 1989, each application for a license, except applications from governmental units, shall be accompanied by an annual license fee of two hundred dollars plus two dollars per bed for the first one hundred beds and one dollar per bed for each additional bed. Beginning July 1, 1989, each application for a license, except applications from governmental units, shall be accompanied by an annual license fee of two hundred fifty dollars plus three dollars per bed for the first four hundred beds and two dollars per bed for each additional bed. All license fees shall be paid to the director of revenue and deposited in the state treasury to the credit of the general revenue fund.
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(L. 1953 p. 631 § 5, A.L. 1961 p. 517, A.L. 1982 S.B. 575, A.L. 1988 H.B. 1134, A.L. 2017 S.B. 50 merged with S.B. 501)
Effective 7-01-18
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.052 - Adjacent property, hospital may revise premises of campus for licensure purposes.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2018, 2 histories
197.052. Adjacent property, hospital may revise premises of campus for licensure purposes. —
An applicant for or holder of a hospital license may define or revise the premises of a hospital campus to include tracts of property which are adjacent but for a common street, single intersection, or highway, as such terms are defined in section 300.010, and its accompanying public right-of-way.
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(L. 2010 H.B. 2226, et al § 1, A.L. 2018 H.B. 2183 merged with S.B. 951)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.060 - License to issue, when — annual renewal — not transferable.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1953
197.060. License to issue, when — annual renewal — not transferable. —
1. Upon receipt of an application for a license, the department of health and senior services shall issue a license if the applicant and hospital facilities meet the requirements established under this law. A license, unless sooner suspended or revoked, shall be renewable annually upon receipt of an application for a license and the license fee from the licensee and approval by the department of health and senior services.
2. Each license shall be issued only for the premises and persons or governmental units named in the application, and shall not be transferable or assignable except with the written approval of the department of health and senior services. Licenses shall be posted in a conspicuous place on the licensed premises.
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(L. 1953 p. 631 § 6)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.065 - Life safety code standards — waiver, when — rulemaking authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2016
*197.065. Life safety code standards — waiver, when — rulemaking authority. —
1. The department of health and senior services shall promulgate regulations for the construction and renovation of hospitals that include life safety code standards for hospitals that exclusively reflect the life safety code standards imposed by the federal Medicare program under Title XVIII of the Social Security Act and its conditions of participation in the Code of Federal Regulations.
2. The department shall not require a hospital to meet the standards contained in the Facility Guidelines Institute for the Design and Construction of Health Care Facilities, but any hospital that complies with the 2010 or later version of such guidelines for the construction and renovation of hospitals shall not be required to comply with any regulation that is inconsistent or conflicts in any way with such guidelines.
3. The department may waive enforcement of the standards for licensed hospitals imposed by this section if the department determines that:
(1) Compliance with those specific standards would result in unreasonable hardship for the facility and if the health and safety of hospital patients would not be compromised by such waiver or waivers; or
(2) The hospital has used other standards that provide for equivalent design criteria.
4. Regulations promulgated by the department to establish and enforce hospital licensure regulations under this chapter that conflict with the standards established under subsections 1 and 3 of this section shall lapse on and after January 1, 2018.
5. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2016, shall be invalid and void.
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(L. 2016 S.B. 608 merged with S.B. 635 merged with S.B. 973)
Effective 8-28-16 (S.B. 635); 8-28-16 (S.B. 973); *10-14-16 (S.B. 608), see § 21.250
*S.B. 608 was vetoed July 5, 2016. The veto was overridden on September 14, 2016.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.070 - Denial, suspension or revocation of license.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jul 2018, 2 histories, see footnote
197.070. 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 it finds that there has been a substantial failure to comply with the requirements established under this law and section 197.005.
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(L. 1953 p. 631 § 7, A.L. 1978 S.B. 661, A.L. 2017 S.B. 50 merged with S.B. 501)
Effective 7-01-18
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.071 - Review by administrative hearing commission.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jul 2018, 2 histories, see footnote
197.071. Review 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 197.005 to 197.120, including the refusal to grant, the grant, the revocation, the suspension, or the failure to renew a license, may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045, and it shall not be a condition to such determination that the person aggrieved seek a reconsideration, a rehearing, or exhaust any other procedure within the department of health and senior services.
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(L. 1978 S.B. 661, A.L. 2017 S.B. 50 merged with S.B. 501)
Effective 7-01-18
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.090 - Existing hospitals to be allowed time to meet standards.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1953
197.090. Existing hospitals to be allowed time to meet standards. —
Any hospital which is in operation at the time of the promulgation of any applicable rule or regulation or minimum standard under this law shall be given a reasonable time under the particular circumstances not to exceed two years from the date of such promulgation within which to comply with such rules and regulations and minimum standards.
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(L. 1953 p. 631 § 9)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.100 - Inspections by department of health and senior services required, reports from certain other agencies accepted, when — department to determine life safety and building codes.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2022, 3 histories
197.100. Inspections by department of health and senior services required, reports from certain other agencies accepted, when — department to determine life safety and building codes. —
1. Any provision of chapter 198 and chapter 338 to the contrary notwithstanding, the department of health and senior services shall have sole authority, and responsibility for inspection and licensure of hospitals in this state including, but not limited to, all parts, services, functions, support functions and activities which contribute directly or indirectly to patient care of any kind whatsoever. The department of health and senior services shall inspect each licensed hospital in accordance with Title XVIII of the Social Security Act and shall make any other inspections and investigations as it deems necessary for good cause shown. The department of health and senior services shall accept reports of hospital inspections from or on behalf of governmental agencies, the joint commission, and the American Osteopathic Association Healthcare Facilities Accreditation Program, provided the accreditation inspection was conducted within one year of the date of license renewal. Prior to granting acceptance of any other accrediting organization reports in lieu of the required licensure survey, the accrediting organization's survey process must be deemed appropriate and found to be comparable to the department's licensure survey. It shall be the accrediting organization's responsibility to provide the department any and all information necessary to determine if the accrediting organization's survey process is comparable and fully meets the intent of the licensure regulations. The department of health and senior services shall attempt to schedule inspections and evaluations required by this section so as not to cause a hospital to be subject to more than one inspection in any twelve-month period from the department of health and senior services or any agency or accreditation organization the reports of which are accepted for licensure purposes pursuant to this section, except for good cause shown.
2. Other provisions of law to the contrary notwithstanding, the department of health and senior services shall be the only state agency to determine life safety and building codes for hospitals defined or licensed pursuant to the provisions of this chapter, including but not limited to sprinkler systems, smoke detection devices and other fire safety-related matters so long as any new standards shall apply only to new construction.
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(L. 1953 p. 631 § 10, A.L. 1988 H.B. 1134, A.L. 2013 H.B. 351, A.L. 2017 S.B. 50 merged with S.B. 501, A.L. 2022 H.B. 2331 merged with S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.105 - Investigation of complaints, department to post on website, content.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2013
197.105. Investigation of complaints, department to post on website, content. —
1. The department of health and senior services shall post on its website information regarding investigations of complaints against hospitals. The posting of such information shall comply with all of the following requirements:
(1) Complaint data shall not be posted unless the complaint has been substantiated by investigation by departmental employees to require a statement of deficiency;
(2) The posting shall include the hospital's plan of correction accepted by departmental officials;
(3) The posting shall include the dates and specific findings of the departmental investigation;
(4) The posting shall list or include a link to each facility's annualized rate of substantiated complaints per patient day;
(5) The posting shall display the complaint investigation data so as to provide for peer group comparisons of:
(a) Psychiatric hospitals or psychiatric units within hospitals;
(b) Long-term acute care hospitals as defined by 42 CFR 412.23(e);
(c) Inpatient rehabilitation facilities or units meeting the requirements of 42 CFR 412.29; and
(6) Time lines for posting such information shall be consistent with the CMS State Operations Manual, as amended.
2. This section shall not be construed to require or permit the posting of information that would violate state or federal laws or regulations governing the confidentiality of patient data or medical records or information protected under subsection 4 of section 537.035.
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(L. 2013 H.B. 351 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.108 - Former employees not to inspect or survey hospital — required disclosures — conflict of interest reporting.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2019
197.108. Former employees not to inspect or survey hospital — required disclosures — conflict of interest reporting. —
1. The department of health and senior services shall not assign an individual to inspect or survey a hospital, for any purpose, if the inspector or surveyor was an employee of such hospital or another hospital within its organization or a competing hospital within fifty miles of the hospital to be inspected or surveyed in the preceding two years.
2. For any inspection or survey of a hospital, regardless of the purpose, the department shall require every newly hired inspector or surveyor at the time of hiring or any currently employed inspector or surveyor as of August 28, 2019, to disclose:
(1) The name of every hospital in which he or she has been employed in the last ten years and the approximate length of service and the job title at the hospital; and
(2) The name of any member of his or her immediate family who has been employed in the last ten years or is currently employed at a hospital and the approximate length of service and the job title at the hospital.
­­The disclosures under this subsection shall be made to the department whenever the event giving rise to disclosure first occurs.
3. For purposes of this section, the phrase
"immediate family member"
shall mean a husband, wife, natural or adoptive parent, child, sibling, stepparent, stepchild, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, or grandchild.
4. The information provided under subsection 2 of this section shall be considered a public record under the provisions of section 610.010.
5. Any person may notify the department if facts exist that would lead a reasonable person to conclude that any inspector or surveyor has any personal or business affiliation that would result in a conflict of interest in conducting an inspection or survey for a hospital. Upon receiving such notice, the department, when assigning an inspector or surveyor to inspect or survey a hospital, for any purpose, shall take steps to verify the information and, if the department has reason to believe that such information is correct, the department shall not assign the inspector or surveyor to the hospital or any hospital within its organization so as to avoid an appearance of prejudice or favor to the hospital or bias on the part of the inspector or surveyor.
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(L. 2019 S.B. 514)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.120 - Operating hospital without license a misdemeanor — proceedings to restrain.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1953
197.120. Operating hospital without license a misdemeanor — proceedings to restrain. —
1. Any person establishing, conducting, managing or operating any hospital without a license under this law shall be guilty of a misdemeanor.
2. The attorney general shall represent the department of health and senior services, who may institute an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a hospital without a license under this law.
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(L. 1953 p. 631 § 12)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.145 - At-risk behavioral health patient may be detained, when — immunity from liability, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2023
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, receives treatment at a hospital, the treating physician may temporarily hold the patient for further behavioral health assessment and, if necessary, for transfer to an appropriate treatment facility, if the physician has reason to believe that the patient is at imminent serious risk of harming themselves or others.
2. In no circumstance shall an at-risk behavioral health patient be detained in a temporary hold under this section for a period longer than necessary for an evaluation and, if necessary, transfer to an appropriate treatment facility. If, after the evaluation, the treating physician has reasonable cause to believe that the patient is not at imminent serious risk of harming themselves or others, the patient shall be immediately released from the temporary hold.
3. A physician employing a temporary hold under this section, and any other health care professional or other personnel at the hospital working to treat or transfer the patient, as well as any emergency medical services personnel or law enforcement officers who may be acting to detain or transport the patient under this section, shall not be civilly liable for the temporary hold, treatment, or transport of a patient if such actions are carried out in good faith and without gross negligence for a purpose authorized by this section.
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(L. 2023 H.B. 402)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.150 - Procedures for compliance, requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
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. Such procedures shall be coordinated with administrative staff, personnel staff, and the quality improvement program. Such procedures shall include, at a minimum, requirements for the facility's infection control program to conduct surveillance of personnel with a portion of the surveillance to be done in such manner that employees and medical staff are observed without their knowledge of such observation, provided that this unobserved surveillance requirement shall not be considered to be grounds for licensure enforcement action by the department until the department establishes clear and verifiable criteria for determining compliance. Such surveillance also may include monitoring of the rate of use of hand hygiene products.
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(L. 2004 S.B. 1279, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 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.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, 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
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.154 - Regulation review and update required, standards.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2004
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 recognized standards and shall include, but not be limited to, standards for:
(1) Maintaining databases to be used for infection tracking;
(2) Developing hospital protocols related to aseptic technique and infection control practices including but not limited to hand washing, isolation, and other infection control policies;
(3) Developing appropriate corrective action plans and follow-ups for any deficiencies identified in hospital infection control practices;
(4) Conducting root cause analysis and follow-up of sentinel events, as defined by the Joint Commission on Accreditation of Health Organizations, attributable to nosocomial infections; and
(5) Ensuring that hospital and ambulatory surgical center policies and medical staff bylaws are in place to promote and enforce compliance with infection control policies.
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(L. 2004 S.B. 1279)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.156 - Definition of nosocomial infection outbreaks.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2004
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 within a defined time period. The time period shall be defined by the department based upon the number of infected patients in a facility.
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(L. 2004 S.B. 1279)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.158 - Complaint procedure to be provided to patients.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
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 administration complaints, comments, and suggestions related to the care they received or their personal observations related to the quality of care provided. The department shall promulgate rules to implement this section.
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(L. 2004 S.B. 1279, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.160 - Infection data to be available to department of health and senior services, violation, effect, state payments suspended, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
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, abortion facilities, and other facilities related to their infection control practices, rates, or treatments of infections. Failure to provide such access shall be grounds for full or partial licensure suspension or revocation pursuant to section 197.293, sections 197.010 to 197.100, or sections 197.200 to 197.240. If the department determines that the hospital, ambulatory surgical center, abortion facility, or other facility is willfully impeding access to such information, the department shall be authorized to direct all state agencies to suspend all or a portion of state payments to such entity until such time as the desired information is obtained by the department.
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(L. 2004 S.B. 1279, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.162 - Infection control practices to be considered in licensure process, annual report required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
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 hospitals, ambulatory surgical centers, and abortion facilities to set quantifiable measures of performance for reducing the incidence of nosocomial infections in Missouri. The department shall prepare an annual report on infection control standards and compliance, which shall be shared with the governor and the general assembly.
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(L. 2004 S.B. 1279, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.165 - Infection control advisory panel appointed — members — expenses, fund created.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
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 include:
(1) Two public members;
(2) Three board-certified or board-eligible physicians licensed pursuant to chapter 334 who are affiliated with a Missouri hospital or medical school, active members of the Society for Health Care Epidemiology of America, and have demonstrated interest and expertise in health facility infection control;
(3) One physician licensed pursuant to chapter 334 who is active in the practice of medicine in Missouri and who holds medical staff privileges at a Missouri hospital;
(4) Four infection control practitioners certified by the certification board of infection control and epidemiology, at least two of whom shall be practicing in a rural hospital or setting and at least two of whom shall be registered professional nurses licensed under chapter 335;
(5) A medical statistician with an advanced degree in such specialty;
(6) A clinical microbiologist with an advanced degree in such specialty;
(7) Three employees of the department, representing the functions of hospital, ambulatory surgical center, and abortion facility licensure, epidemiology and health data analysis, who shall serve as ex officio nonvoting members of the panel.
3. Reasonable expenses of the panel shall be paid from private donations made specifically for that purpose to the "Infection Control Advisory Panel Fund", which is hereby created in the state treasury. If such donations are not received from private sources, then the provisions of this act shall be implemented without the advisory panel.
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(L. 2004 S.B. 1279, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.168 - Influenza vaccination offered to certain inpatients prior to discharge.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2014
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 Prevention, each hospital licensed under this chapter shall offer, prior to discharge and with the approval of the attending physician or other practitioner authorized to order vaccinations or as authorized by physician-approved hospital policies or protocols for influenza vaccinations pursuant to state hospital regulations, immunizations against influenza virus to all inpatients sixty-five years of age and older unless contraindicated for such patient and contingent upon the availability of the vaccine.
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(L. 2014 S.B. 567 merged with S.B. 716 merged with S.B. 754)