reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.965 - Office on women's health created, duties.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
Effective - 28 Aug 2000
192.965. Office on women's health created, duties. —
There is hereby created the "Office on Women's Health" within the department of health and senior services. The duties of the office shall include, without limitation, to
*
:
(1) Assist in the assessment of the health needs of women in the state;
(2) Provide policy analysis and recommendations to the director of the department of health and senior services on issues affecting the health and well-being of women across the life cycle;
(3) Assist the director of the department of health and senior services in identifying issues and establishing priorities for programs, services and resources the department of health and senior services should provide;
(4) Serve as a central location for information, resources, technical assistance and consultation about women's health for the department of health and senior services, other state agencies, local health departments and community-based organizations;
(5) Promote coordination of and collaborative efforts among programs and services for women in the department of health and senior services, other state agencies, local health departments and community organizations; and
(6) Increase visibility of the many diverse factors affecting the health and well-being of women in Missouri.
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(L. 2000 H.B. 1568)
*Word "to" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.968 - Committee to advise the office on women's health created, duties.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
Effective - 28 Aug 2000
192.968. Committee to advise the office on women's health created, duties. —
To advise the chief of the office on women's health, the director of the department of health and senior services shall appoint a committee comprised of persons who have expertise in the varied issues affecting the health and well-being of women in Missouri, who reflect the geographic, racial, ethnic and socioeconomic diversity of Missouri, and who speak for communities with specific health care risks, needs and concerns.
(1) The advisory committee and the chief of the office on women's health shall jointly identify issues pertinent to the health of women for consideration by the director of the department of health and senior services.
(2) The advisory committee shall assist the office on women's health in analyzing issues, as requested, and providing policy advice to the chief of the office on women's health.
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(L. 2000 H.B. 1568)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.1120 - Bone marrow registry, providers may inquire whether certain patients are registered — department to disseminate information.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
Effective - 28 Aug 2018
192.1120. Bone marrow registry, providers may inquire whether certain patients are registered — department to disseminate information. —
1. Each primary care provider and urgent care physician may inquire of new patients who are eighteen years of age or older and under forty-five years of age on their new patient intake form as to whether the patient is registered with the bone marrow registry. If the patient states that he or she is not registered with the bone marrow registry, the provider or physician shall provide information developed and disseminated by the department of health and senior services regarding the bone marrow registry to the patient.
2. The department of health and senior services shall develop and disseminate information regarding the bone marrow registry, which shall include, but not be limited to, the following:
(1) The need for bone marrow donations;
(2) Patient populations that would benefit from bone marrow donations;
(3) How to join the bone marrow registry; and
(4) How to acquire a free buccal swab kit from the bone marrow registry.
3. The department of health and senior services may promulgate rules and regulations to implement the provisions of this section. 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, 2018, shall be invalid and void.
4. Dissemination of the information under this section may be by oral, print, or electronic notification or any other method, provided that the department of health and senior services determines that the dissemination of information is cost effective for the department and for primary care providers and urgent care physicians.
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(L. 2018 H.B. 1953)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2025 - Budget allotment tables provided to each area agency on aging, when — area plan submitted, when — on-site monitoring by department.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
Effective - 28 Aug 2014
192.2025. Budget allotment tables provided to each area agency on aging, when — area plan submitted, when — on-site monitoring by department. —
1. The department shall provide budget allotment tables to each area agency on aging by January first of each year. Each area agency on aging shall submit its area plan, area budget and service contracts to the department by March first of each year. Each April, the area agencies on aging shall present their plans to the department in a public hearing scheduled by the department and held in the area served by the area agency on aging. Within thirty days of such hearing, the department shall report findings and recommendations to the board of directors for the area agency on aging, the area agency on aging advisory council, the members of the senate budget committee and the members of the house appropriations committee assigned the department of health and senior services.
2. Each area agency on aging shall include in its area plan performance measures and outcomes to be achieved for each year covered by the plan. Such measures and outcomes shall also be presented to the department during the public hearing.
3. The department shall conduct on-site monitoring of each area agency on aging at least once a year. The department shall send all monitoring reports to the area agency on aging advisory council and the board of directors for the area agency which is the subject of the reports.
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(L. 1999 S.B. 326 § 10, A.L. 2014 H.B. 1299 Revision § 192.1010)
Transferred 2014; formerly 660.058
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2100 - Alzheimer's disease and related disorders respite care program — definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2100. Alzheimer's disease and related disorders respite care program — definitions. —
As used in sections 192.2100 to 192.2110, the following terms shall mean:
(1)
"Adult day care"
, a group program that emphasizes appropriate services for persons eighteen years of age or older having Alzheimer's disease and related disorders and that provides services for periods of less than twenty-four hours but more than two hours per day in a place other than the adult's home;
(2)
"Alzheimer's disease and related disorders"
, diseases resulting from significant destruction of brain tissue and characterized by a decline of memory and other intellectual functions. These diseases include but are not limited to progressive, degenerative and dementing illnesses such as presenile and senile dementias, Alzheimer's disease and other related disorders;
(3)
"Appropriate services"
, services that emphasize surveillance, safety, behavior management and other techniques used to assist persons having Alzheimer's disease and related disorders;
(4)
"Department"
, the department of health and senior services;
(5)
"Director"
, the director of the department of health and senior services;
(6)
"In-home companion"
, someone trained to provide appropriate services to persons having Alzheimer's disease and related disorders and who provides those services in the home;
(7)
"Respite care"
, a program that provides temporary and short-term residential care, sustenance, supervision and other appropriate services for persons having Alzheimer's disease and related disorders who otherwise reside in their own or in a family home.
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(L. 1987 S.B. 200 § 6, A.L. 2014 H.B. 1299 Revision § 192.1020)
Transferred 2014; formerly 660.067
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2105 - Respite care program for Alzheimer's purposes.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2105. Respite care program for Alzheimer's purposes. —
1. To encourage development of appropriate services for persons having Alzheimer's disease and related disorders, the department may make grants to public and private entities for pilot projects from funds specifically appropriated for this purpose. Pilot projects shall have the following goals:
(1) To prevent or postpone institutionalization of persons having Alzheimer's disease and related disorders who currently live in their own home or in a family home;
(2) To offer services that emphasize safety, surveillance and behavior management rather than, or in addition to, medical treatment, homemaker, chore or personal care services;
(3) To temporarily relieve family members or others who have assumed direct care responsibilities by offering services that allow care givers to leave the home. These services shall include but not be limited to adult day care, in-home companions and respite care;
(4) To test the practical and economic feasibility of providing services in settings and at levels designed for varying needs; and
(5) To develop program models that can be adapted and operated by other public and private entities.
2. The director, in accordance with chapter 536, shall promulgate rules that establish procedures for grant application, review, selection, monitoring and auditing of grants made pursuant to sections 192.2100 to 192.2110.
3. The grants shall be limited to a duration of one year but may be renewable for one additional year at the director's discretion and if funds are appropriated for this purpose.
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(L. 1987 S.B. 200 § 7, A.L. 2014 H.B. 1299 Revision § 192.1022)
Transferred 2014; formerly 660.069
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2110 - Rules and regulations for respite care program, procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2110. Rules and regulations for respite care program, procedure. —
The commissioner of administration, in consultation with the director of the department, shall promulgate rules that establish procedures for contracting with grantees receiving funds under sections 192.2100 to 192.2110. No rule or portion of a rule promulgated under the authority of sections 192.2100 to 192.2110 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1987 S.B. 200 § 8, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2014 H.B. 1299 Revision § 192.1024)
Transferred 2014; formerly 660.070
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2150 - Department to use services of certain organizations, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
Effective - 28 Aug 2014
192.2150. Department to use services of certain organizations, when. —
The department shall use the services of community based, not-for-profit organizations including senior centers for the provision of home delivered meals to qualified recipients prepared by such organizations if such service is available at not more than seventy-five percent of the cost currently incurred by the department for the provision of such service.
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(L. 1992 S.B. 573 & 634, A.L. 2014 H.B. 1299 Revision § 192.1030)
Transferred 2014; formerly 660.225
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2200 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
*192.2200. Definitions. —
As used in sections 192.2200 to 192.2260, unless the context clearly indicates otherwise, the following terms mean:
(1)
"Abuse"
, the infliction of physical, sexual, or emotional injury or harm;
(2)
"Adult"
, an individual over the age of eighteen;
(3)
"Adult day care program"
, a group program designed to provide care and supervision to meet the needs of functionally impaired adults for periods of less than twenty-four hours but more than two hours per day in a place other than the adult's own home;
(4)
"Adult day care provider"
, the person, corporation, partnership, association or organization legally responsible for the overall operation of the adult day care program;
(5)
"Department"
, the department of health and senior services;
(6)
"Functionally impaired adult"
, an adult who by reason of age or infirmity requires care and supervision;
(7)
"License"
, the document issued by the department in accordance with the provisions of sections 192.2200 to 192.2260 to an adult day care program which authorizes the adult day care provider to operate the program in accordance with the provisions of sections 192.2200 to 192.2260 and the applicable rules promulgated pursuant thereto;
(8)
"Operator"
, any person licensed or required to be licensed under the provisions of sections 192.2200 to 192.2260 in order to establish, conduct, or maintain an adult day care program;
(9)
"Participant"
, a functionally impaired adult who is enrolled in an adult day care program;
(10)
"Person"
, any individual, firm, corporation, partnership, association, agency, or an incorporated or unincorporated organization regardless of the name used;
(11)
"Related"
, any of the following by blood, marriage or adoption: parent, child, grandchild, brother, sister, half-brother, half-sister, stepparent, uncle, aunt, niece, nephew, or first cousin;
(12)
"Staff participant ratio"
, the number of adult care staff required by the department in relation to the number of adults being cared for by such staff;
(13)
"Substantial noncompliance"
, any violation of a class I or class II standard or twenty or more violations of class III standards.
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(L. 1984 H.B. 1131 § 4, A.L. 2014 H.B. 1299 Revision § 192.1040 merged with S.B. 567 § 660.400)
Transferred 2014; formerly 660.400
*Revisor's Note: Definitions contained in section 192.2005 are also applicable to sections 192.2200 to 192.2260.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2215 - Revocation of license, when — notification of operator.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2215. Revocation of license, when — notification of operator. —
1. The department may revoke a license in any case in which it finds that:
(1) The operator failed or refused to comply with class I or II standards, as established by the department pursuant to section 192.2210; or failed or refused to comply with class III standards as established by the department pursuant to section 192.2210, where the aggregate effect of such noncompliances presents either an imminent danger to the health, safety or welfare of any participant or a substantial probability that death or serious physical harm would result;
(2) The operator refused to allow representatives of the department to inspect the adult day care program for compliance with standards or denied representatives of the department access to participants and employees necessary to carry out the duties set forth in this chapter and rules promulgated thereunder, except where employees of the adult day care program are in the process of rendering immediate care to a participant of such adult day care program;
(3) The operator demonstrated financial incapacity to operate and conduct the adult day care program in accordance with the provisions of sections 192.2200 to 192.2260;
(4) The operator or any principals in the operation of the adult day care program have ever been convicted of, or pled guilty or nolo contendere to a felony offense concerning the operation of an adult day care program, long-term health care facility or other health care facility; or
(5) The operator or any principals in the operation of the adult day care program are listed on the EDL maintained by the department.
2. Upon revocation of a license, the department shall so notify the operator in writing, setting forth the reason and grounds for the revocation. Notice of such revocation shall be sent either by certified mail, return receipt requested, to the operator at the address of the adult day care program, or served personally upon the operator. The department shall provide the operator notice of such revocation at least ten calendar days prior to its effective date.
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(L. 2014 S.B. 567 § 660.405)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2220 - Exceptions to licensure requirements for adult day care centers.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2220. Exceptions to licensure requirements for adult day care centers. —
1. The provisions of sections 192.2200 to 192.2260 shall not apply to the following:
(1) Any adult day care program operated by a person in which care is offered for no more than two hours per day;
(2) Any adult day care program maintained or operated by the federal government except where care is provided through a management contract;
(3) Any person who cares solely for persons related to the provider or who has been designated as guardian of that person;
(4) Any adult day care program which cares for no more than four persons unrelated to the provider;
(5) Any adult day care program licensed by the department of mental health under chapter 630 which provides care, treatment and habilitation exclusively to adults who have a primary diagnosis of mental disorder, mental illness, intellectual disability, or developmental disability as defined;
(6) Any adult day care program administered or maintained by a religious not-for-profit organization serving a social or religious function if the adult day care program does not hold itself out as providing the prescription or usage of physical or medical therapeutic activities or as providing or administering medicines or drugs.
2. Nothing in this section shall prohibit any person listed in subsection 1 of this section from applying for a license or receiving a license if the adult day care program owned or operated by such person conforms to the provisions of sections 192.2200 to 192.2260 and all applicable rules promulgated pursuant thereto.
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(L. 1984 H.B. 1131 § 6, A.L. 2014 H.B. 1064 § 660.405 merged with H.B. 1299 Revision § 192.1044 merged with S.B. 567 § 660.406)
Transferred 2014; formerly 660.405
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2225 - Right to enter premises for compliance inspections or to investigate complaints — failure to permit, effect.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2022, 2 histories
192.2225. Right to enter premises for compliance inspections or to investigate complaints — failure to permit, effect. —
1. The department shall have the right to enter the premises of an applicant for or holder of a license at any time during the hours of operation of a center to determine compliance with provisions of sections 192.2200 to 192.2260 and applicable rules promulgated pursuant thereto. Entry shall also be granted for investigative purposes involving complaints regarding the operations of an adult day care program. The department shall make at least one inspection per year, which shall be unannounced to the operator or provider. The department may make such other inspections, announced or unannounced, as it deems necessary to carry out the provisions of sections 192.2200 to 192.2260.
2. The applicant for or holder of a license shall cooperate with the investigation and inspection by providing access to the adult day care program, records and staff, and by providing access to the adult day care program to determine compliance with the rules promulgated pursuant to sections 192.2200 to 192.2260.
3. Failure to comply with any lawful request of the department in connection with the investigation and inspection is a ground for refusal to issue a license or for the revocation of a license.
4. The department may designate to act for it, with full authority of law, any instrumentality of any political subdivision of the state of Missouri deemed by the department to be competent to investigate and inspect applicants for or holders of licenses.
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(L. 1984 H.B. 1131 § 7, A.L. 2014 H.B. 1299 Revision § 192.1046 merged with S.B. 567 § 660.407, A.L. 2022 H.B. 2331 merged with S.B. 710)
Transferred 2014; formerly 660.407
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2230 - Fee for license or renewal, limitation.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2230. Fee for license or renewal, limitation. —
Each application for a license, or the renewal thereof, issued pursuant to sections 192.2200 to 192.2260 shall be accompanied by a nonrefundable fee in the amount required by the department. The fee, to be determined by the department, shall not exceed one hundred dollars and shall be based on the licensed capacity of the applicant.
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(L. 1984 H.B. 1131 § 8, A.L. 2014 H.B. 1299 Revision § 192.1048 merged with S.B. 567 § 660.409)
Transferred 2014; formerly 660.409
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2235 - Adult daycare program manual — regional training sessions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2235. Adult daycare program manual — regional training sessions. —
The department shall create an adult day care program manual in partnership with the provider association to establish uniformity across the state and shall offer regional training sessions in order to provide technical assistance or consultation to assist applicants for or holders of licenses in meeting the requirements of sections 192.2200 to 192.2260, staff qualifications, and other aspects involving the operation of an adult day care program, and to assist in the achievement of programs of excellence related to the provision of adult day care. The program manual and regional training sessions required under this section shall be made available to adult day care programs by January 1, 2015.
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(L. 1984 H.B. 1131 § 9, A.L. 2014 H.B. 1299 Revision § 192.1050 merged with S.B. 567 § 660.411)
Transferred 2014; formerly 660.411
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2240 - Inspections, when — refusal to permit access, court order issued when — injunction authorized.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2240. Inspections, when — refusal to permit access, court order issued when — injunction authorized. —
1. Whenever the department is advised or has reason to believe that any person is operating an adult day care program without a license, or that any holder of license is not in compliance with the provisions of sections 192.2200 to 192.2260, the department shall make an investigation and inspection to ascertain the facts. If the department is not permitted access to the adult day care program in question, the department may apply to the circuit court of the county in which the program is located for an order authorizing entry for inspection. The court shall issue the order if it finds reasonable grounds necessitating the inspection.
2. If the department finds that the adult day care program is being operated in violation of sections 192.2200 to 192.2260, it may seek, among other remedies, injunctive relief against the adult day care program.
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(L. 1984 H.B. 1131 § 10, A.L. 2014 H.B. 1299 Revision § 192.1052 merged with S.B. 567 § 660.414)
Transferred 2014; formerly 660.414
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2245 - License denied — suspended — revoked — hearing procedure — appeals.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2245. License denied — suspended — revoked — hearing procedure — appeals. —
1. Any person aggrieved by an official action of the department either refusing to issue a license or revoking a license may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045; except that, the petition must be filed with the administrative hearing commission within thirty calendar days after the delivery of notice to the applicant for or holder of such license or certificate. When the notification of the official action is mailed to the applicant for or holder of such a license, there shall be included in the notice a statement of the procedure whereby the applicant for or holder of such license may appeal the decision of the department before the administrative hearing commission. 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.
2. The administrative hearing commission may stay the revocation of such certificate or license, pending the commission's findings and determination in the cause, upon such conditions as the commission deems necessary and appropriate including the posting of bond or other security; except that, the commission shall not grant a stay or if a stay has already been entered shall set aside its stay, if, upon application of the department, the commission finds reason to believe that continued operation of the adult day care program to which the certificate or license in question applies pending the commission's final determination would present an imminent danger to the health, safety or welfare of any person or a substantial probability that death or serious physical harm would result. In any case in which the department has refused to issue a certificate or license, the commission shall have no authority to stay or to require the issuance of a license pending final determination by the commission.
3. The administrative hearing commission shall make the final decision as to the issuance or revocation of a license. Any person aggrieved by a final decision of the administrative hearing commission, including the department, may seek judicial review of such decision by filing a petition for review in the court of appeals for the district in which the adult day care program to which the license in question applies is located. Review shall be had, except as provided in this section, in accordance with the provisions of sections 621.189 and 621.193.
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(L. 1984 H.B. 1131 § 11, A.L. 2014 H.B. 1299 Revision § 192.1054 merged with S.B. 567 § 660.416)
Transferred 2014; formerly 660.416
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2250 - Rulemaking authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2250. Rulemaking authority. —
The department shall promulgate reasonable standards and regulations for adult day care programs. The standards and regulations shall relate to licensure requirements, staffing requirements, program policies and participant care requirements, participant right requirements, record keeping requirements, fire safety requirements and physical plant requirements.
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(L. 2014 S.B. 567 § 660.417)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2255 - Rules, authority, procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2255. Rules, authority, procedure. —
The department shall have the authority to promulgate rules pursuant to this section and chapter 536 in order to carry out the provisions of sections 192.2200 to 192.2260. No rule or portion of a rule promulgated under the authority of
*
sections 192.2200 to 192.2260 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1984 H.B. 1131 § 12, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2014 H.B. 1299 Revision § 192.1056 merged with S.B. 567 § 660.418)
Transferred 2014; formerly 660.418
*Word "section" appears here in original rolls of S.B. 567 § 660.418, 2014.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2260 - Violations, penalties.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 01 Jan 2017, 2 histories, see footnote
*192.2260. Violations, penalties. —
1. Any person who violates any provision of sections 192.2200 to 192.2260, or who, for himself or for any other person, makes materially false statements in order to obtain a certificate or license, or the renewal thereof, issued pursuant to sections 192.2200 to 192.2260, shall be guilty of a class A misdemeanor. Any person violating this subsection wherein abuse or neglect of a participant of the program has occurred is guilty of a class E felony.
2. Any person who is convicted pursuant to this section shall, in addition to all other penalties provided by law, have any license issued to him under sections 192.2200 to 192.2260 revoked, and shall not operate, nor hold any license to operate, any adult day care program, or other entity governed by the provisions of sections 192.2200 to 192.2260 for a period of three years after such conviction.
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(L. 1984 H.B. 1131 § 13, A.L. 2014 H.B. 1299 Revision § 192.1058 merged with S.B. 567 § 660.420, A.L. 2016 H.B. 2332)
Effective 1-01-17
Transferred 2014; formerly 660.420
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2265 - Inspections and plans of correction to be provided on department website, exceptions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
Effective - 28 Aug 2014
192.2265. Inspections and plans of correction to be provided on department website, exceptions. —
1. The department may provide through its internet website:
(1) The most recent inspection of every adult day care program licensed in this state and any such findings of deficiencies and the effect the deficiency would have on such program. If such inspection is in dispute, the inspection shall not be posted on the website until the program's informal dispute resolution process resolves the dispute; and
(2) The program's proposed plan of correction.
2. Nothing in this section shall be construed as requiring the department to post any information on its internet website that is prohibited from disclosure pursuant to the federal Health Insurance Portability and Accountability Act, as amended.
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(L. 2014 S.B. 567 § 660.422)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2275 - Cost-based uniform rate for services, budget line item.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
Effective - 28 Aug 2014
192.2275. Cost-based uniform rate for services, budget line item. —
Adult day care programs licensed under sections 192.2205 to 192.2260 shall evaluate the program rate structure in FY 2015 and determine a cost-based uniform rate for services to be presented as a budget line item in the department of health and senior services' FY 2016 budget request for adult day programs which provide care, treatment, rehabilitation, and habilitation exclusively to adults and seniors with physical disabilities, mental, neurological, and cognitive disorders such as brain injuries, dementia, and other intellectual impairments, excluding in the budget request the cost for individuals already funded by a department of mental health waiver.
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(L. 2014 S.B. 567 § 660.424)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2300 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2300. Definitions. —
As used in sections 192.2300 to 192.2315, the following terms mean:
(1)
"Department"
, the department of health and senior services;
(2)
"Long-term care facility"
, any facility licensed pursuant to chapter 198 and long-term care facilities connected with hospitals licensed pursuant to chapter 197;
(3)
"Office"
, the office of the state ombudsman for long-term care facility residents;
(4)
"Ombudsman"
, the state ombudsman for long-term care facility residents;
(5)
"Regional ombudsman coordinators"
, designated individuals working for, or under contract with, the area agencies on aging, and who are so designated by the area agency on aging and certified by the ombudsman as meeting the qualifications established by the department;
(6)
"Resident"
, any person who is receiving care or treatment in a long-term care facility.
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(L. 1991 H.B. 444 § 1, A.L. 2014 H.B. 1299 Revision § 192.1060)
Transferred 2014; formerly 660.600
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2310 - Confidentiality of ombudsman's files and records, exceptions, violations, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2310. Confidentiality of ombudsman's files and records, exceptions, violations, penalty. —
1. Any files maintained by the ombudsman program shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless:
(1) Such complainant or resident, or the complainant's or resident's legal representative, consents in writing to such disclosure; or
(2) Such disclosure is required by court order.
2. Any representative of the office conducting or participating in any examination of a complaint who shall knowingly and willfully disclose to any person other than the office, or those authorized by the office to receive it, the name of any witness examined or any information obtained or given upon such examination, shall be guilty of a class A misdemeanor. However, the ombudsman conducting or participating in any examination of a complaint shall disclose the final result of the examination to the facility with the consent of the resident.
3. Any statement or communication made by the office relevant to a complaint received by, proceedings before or activities of the office and any complaint or information made or provided in good faith by any person, shall be absolutely privileged and such person shall be immune from suit.
4. The office shall not be required to testify in any court with respect to matters held to be confidential in this section except as the court may deem necessary to enforce the provisions of sections 192.2300 to 192.2315, or where otherwise required by court order.
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(L. 1991 H.B. 444 § 3, A.L. 2014 H.B. 1299 Revision § 192.1064)
Transferred 2014; formerly 660.605
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2315 - Immunity from liability for official duties for staff and volunteers — information furnished office, no reprisals against employees of facilities or residents, violations, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2315. Immunity from liability for official duties for staff and volunteers — information furnished office, no reprisals against employees of facilities or residents, violations, penalty. —
1. Any regional coordinator or local program staff, whether an employee or an unpaid volunteer, shall be treated as a representative of the office. No representative of the office shall be held liable for good faith performance of his or her official duties under the provisions of sections 192.2300 to 192.2315 and shall be immune from suit for the good faith performance of such duties. Every representative of the office shall be considered a state employee under section 105.711.
2. No reprisal or retaliatory action shall be taken against any resident or employee of a long-term care facility for any communication made or information given to the office. Any person who knowingly or willfully violates the provisions of this subsection shall be guilty of a class A misdemeanor. Any person who serves or served on a quality assessment and assurance committee required under 42 U.S.C. Sec. 1396r(b)(1)(B) and 42 CFR Sec. 483.75(r), or as amended, shall be immune from civil liability only for acts done directly as a member of such committee so long as the acts are performed in good faith, without malice and are required by the activities of such committee as defined in 42 CFR Sec. 483.75(r).
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(L. 1991 H.B. 444 § 4, A.L. 2014 H.B. 1299 Revision § 192.1066)
Transferred 2014; formerly 660.608
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2405 - Mandatory reporters--penalty for failure to report.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2023, 3 histories
192.2405. Mandatory reporters--penalty for failure to report. —
1. The following persons shall be required to immediately report or cause a report to be made to the department under sections 192.2400 to 192.2470:
(1) Any person having reasonable cause to suspect that an eligible adult presents a likelihood of suffering serious physical harm, or bullying as defined in subdivision (2) of section 192.2400, and is in need of protective services; and
(2) Any adult day care worker, chiropractor, Christian Science practitioner, coroner, dentist, embalmer, employee of the departments of social services, mental health, or health and senior services, employee of a local area agency on aging or an organized area agency on aging program, emergency medical technician, firefighter, first responder, funeral director, home health agency, home health agency employee, hospital and clinic personnel engaged in the care or treatment of others, in-home services owner or provider, in-home services operator or employee, law enforcement officer, long-term care facility administrator or employee, medical examiner, medical resident or intern, mental health professional, minister, nurse, nurse practitioner, optometrist, other health practitioner, peace officer, pharmacist, physical therapist, physician, physician's assistant, podiatrist, probation or parole officer, psychologist, social worker, or other person with the responsibility for the care of an eligible adult who has reasonable cause to suspect that the eligible adult has been subjected to abuse or neglect or observes the eligible adult being subjected to conditions or circumstances which would reasonably result in abuse or neglect. Notwithstanding any other provision of this section, a duly ordained minister, clergy, religious worker, or Christian Science practitioner while functioning in his or her ministerial capacity shall not be required to report concerning a privileged communication made to him or her in his or her professional capacity.
2. Any other person who becomes aware of circumstances that may reasonably be expected to be the result of, or result in, abuse or neglect of an eligible adult may report to the department.
3. The penalty for failing to report as required under subdivision (2) of subsection 1 of this section is provided under section 565.188.
4. As used in this section,
"first responder"
means any person trained and authorized by law or rule to render emergency medical assistance or treatment. Such persons may include, but shall not be limited to, emergency first responders, police officers, sheriffs, deputy sheriffs, firefighters, or emergency medical technicians.
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(L. 2014 S.B. 491 § 197.1002, A.L. 2016 H.B. 2332 merged with S.B. 732, A.L. 2023 H.B. 402 merged with S.B. 24 merged with S.B. 186)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2410 - Reports, contents — department to maintain telephone for reporting.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 01 Jan 2017, 3 histories, see footnote
192.2410. Reports, contents — department to maintain telephone for reporting. —
1. A report made under section 192.2405 shall be made orally or in writing. It shall include, if known:
(1) The name, age, and address of the eligible adult;
(2) The name and address of any person responsible for care of the eligible adult;
(3) The nature and extent of the condition of the eligible adult; and
(4) Other relevant information.
2. Reports regarding persons determined not to be eligible adults as defined in section 192.2400 shall be referred to the appropriate state or local authorities.
3. The department shall maintain a statewide toll-free phone number for receipt of reports.
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(L. 1980 S.B. 576 § 2, A.L. 1987 S.B. 277, A.L. 2014 H.B. 1299 Revision § 192.1082 merged with S.B. 491 § 197.1004, A.L. 2016 H.B. 2332)
Effective 1-01-17
Transferred 2014; formerly 660.255
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2415 - Investigations of reports of eligible adults, department procedures.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2415. Investigations of reports of eligible adults, department procedures. —
Upon receipt of a report, the department shall make a prompt and thorough investigation to determine whether or not an eligible adult is facing a likelihood of serious physical harm and is in need of protective services. The department shall provide for any of the following:
(1) Identification of the eligible adult and determination that the eligible adult is eligible for services;
(2) Evaluation and diagnosis of the needs of eligible adults;
(3) Provision of social casework, counseling or referral to the appropriate local or state authority;
(4) Assistance in locating and receiving alternative living arrangements as necessary;
(5) Assistance in locating and receiving necessary protective services; or
(6) The coordination and cooperation with other state agencies and public and private agencies in exchange of information and the avoidance of duplication of services.
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(L. 1980 S.B. 576 § 3, A.L. 1987 S.B. 277, A.L. 2014 H.B. 1299 Revision § 192.1084 merged with S.B. 491 § 197.1006)
Effective 8-28-14 (H.B. 1299 Revision); 1-01-17 (S.B. 491)
Transferred 2014; formerly 660.260
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2420 - Investigations of reports of eligible adults between eighteen and fifty-nine, department procedures.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 28 Aug 2014
192.2420. Investigations of reports of eligible adults between eighteen and fifty-nine, department procedures. —
Upon receipt of a report that an eligible adult between the ages of eighteen and fifty-nine is facing a likelihood of serious physical harm, the department shall:
(1) Investigate or refer the report to appropriate law enforcement or state agencies; and
(2) Provide services or refer to local community or state agencies.
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(L. 1987 S.B. 277, A.L. 2003 S.B. 556 & 311, A.L. 2014 H.B. 1299 Revision § 192.1086 merged with S.B. 491 § 197.1008)
Effective 8-28-14 (H.B. 1299 Revision); 1-01-17 (S.B. 491)
Transferred 2014; formerly 660.261
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2425 - Investigation of elder abuse — report.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 01 Jan 2017, see footnote
192.2425. Investigation of elder abuse — report. —
The department of health and senior services shall investigate incidents and reports of elder abuse or neglect using the procedures established in sections 192.2400 to 192.2470 and, upon substantiation of the report of elder abuse or neglect, shall promptly report the incident to the appropriate law enforcement agency and prosecutor and shall determine whether protective services are required pursuant to sections 192.2400 to 192.2470. If the department is unable to substantiate whether abuse or neglect occurred due to the failure of the operator or any of the operator's agents or employees to cooperate with the investigation, the incident shall be promptly reported to appropriate law enforcement agencies.
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(L. 1992 S.B. 573 & 634 § 4, A.L. 2003 S.B. 556 & 311, A.L. 2014 S.B. 491 § 197.1010)
Transferred 2014; formerly 565.186; Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 192 - Department of Health and Senior Services › Section 192.2430 - Duty to report, immunity.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 192
• Effective - 01 Jan 2017, see footnote
192.2430. Duty to report, immunity. —
Any person, official or institution complying with the provisions of subdivision (2) of subsection 1 of section 192.2405 in the making of a report, or in cooperating with the department in any of its activities under section 192.2425, except any person, official or institution violating section 565.184, shall be immune from any civil or criminal liability for making such a report, or in cooperating with the department, unless such person acted negligently, recklessly, in bad faith, or with malicious purpose.
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(L. 1992 S.B. 573 & 634 § 6, A.L. 2014 S.B. 491 § 197.1012)
Transferred 2014; formerly 565.190; Effective 1-01-17