reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.725 - Denial or revocation — appeal — determination by administrative hearing commission — notice of revocation, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 2007
630.725. Denial or revocation — appeal — determination by administrative hearing commission — notice of revocation, when. —
1. The department shall revoke a license or deny an application for a license in any case in which it finds a substantial failure to comply with the standards established under its rules or the requirements established under sections 630.705 to 630.760.
2. Any person aggrieved by the action of the department to deny or revoke a license under the provisions of sections 630.705 to 630.760 may seek a determination of the department director's decision by the administrative hearing commission pursuant to the provisions of section 621.045. 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.
3. The administrative hearing commission may stay the revocation of such license, pending the commission's finding 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 a residential facility or day program pending the commission's final determination would present an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result. In any case in which the department has refused to issue a license, the commission shall have no authority to stay or to require the issuance of a license pending final determination by the commission.
4. 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 facility or program is located. Review shall be had, except as modified herein, in accordance with the provisions of sections 621.189 and 621.193.
5. The department of mental health shall notify the department of health and senior services within ten days of revoking a license under this section. If the department of health and senior services has not already done so, the department of health and senior services shall within thirty days of notification from the department of mental health, initiate an investigation of the facility to determine whether licensure action under sections 198.022 or 198.036 is appropriate.
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(L. 1980 H.B. 1724, A.L. 2007 S.B. 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.730 - Inspection by department and others, when — may be ordered, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.730. Inspection by department and others, when — may be ordered, when. —
1. The department may inspect any residential facility or day program for persons described in section 630.705 at any time if a license has been issued to or an application for a license has been filed by the head of such facility or program. The department shall make or cause to be made at least one inspection per year. The department may make such other inspections, announced or unannounced, as it deems necessary to carry out the provisions of sections 630.705 to 630.760. The department may delegate its powers and duties to investigate and inspect residential facilities and day programs licensed by it to determine compliance with all or part of its standards, to another governmental agency, where practicable, if the department feels such other agency is qualified to inspect and license such facilities or programs. The governmental unit shall submit a written report of its findings to the department. The department may accept the recommendations of the governmental unit for issuance or revocation of a license.
2. If the department has reasonable grounds to believe that a residential facility or day program required to be licensed under sections 630.705 to 630.760 is operating without a license, and the department is not permitted access to inspect the facility or program, or when the head of such facility or program refuses to permit access to the department to inspect the facility or program, the department shall apply to the circuit court of the county in which the premises is located for an order authorizing entry for such inspection, and the court shall issue the order if it finds that the head of the facility or program has refused to permit the department access to inspect such facility or program.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.735 - License required.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 2011
630.735. License required. —
1. No person or governmental unit, acting separately or jointly with any other person or governmental unit, shall establish, conduct or maintain any residential facility in this state for the care, treatment, habilitation or rehabilitation of persons with an intellectual disability or a developmental disability without a valid license issued by the department. Licenses in effect on August 13, 1982, shall continue in effect until they regularly expire unless sooner revoked; except that in no case shall a license continue in effect beyond one year after August 13, 1982.
2. After October 1, 1983, no person or governmental unit, acting separately or jointly with any other person or governmental unit, shall establish, conduct or maintain any residential facility or day program in this state for care, treatment, habilitation or rehabilitation of persons diagnosed with a mental disorder or mental illness or day program for persons with an intellectual disability or a developmental disability unless the facilities or programs are licensed by the department.
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(L. 1980 H.B. 1724, A.L. 1982 H.B. 1565, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.740 - Penalty for failure to obtain license — attorney general to represent department — relief to be granted.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.740. Penalty for failure to obtain license — attorney general to represent department — relief to be granted. —
1. Any person establishing, conducting, managing or operating any residential facility or day program without a license as provided for in sections 630.705 to 630.760 is guilty of a class C misdemeanor.
2. The attorney general shall represent the department, which may institute an action in the name of the state for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a residential facility or day program without a license as required under this law.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.750 - Procedure upon finding of noncompliance which may present health or safety dangers.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.750. Procedure upon finding of noncompliance which may present health or safety dangers. —
The provisions of section 630.745 notwithstanding, if a duly authorized representative of the department finds upon inspection of a licensed residential facility or day program, and the director finds upon review, that the facility or program is not in substantial compliance with a standard or standards the violations of which would present either an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result and which is not immediately corrected, the department shall:
(1) Give immediate written notice of the noncompliance to the head of the facility or program;
(2) Make public the fact that a notice of noncompliance has been issued to the facility or program. Copies of the notice shall be sent to appropriate hospitals and social service agencies;
(3) Send a copy of the notice of noncompliance to any concerned federal, state or local government agencies. The facility or program shall post in a conspicuous location in the facility or program a copy of the notice of noncompliance and a copy of the most recent inspection report.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.755 - Injunctive relief may be requested — action to have priority — civil penalties may be assessed, procedure.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 2007
630.755. Injunctive relief may be requested — action to have priority — civil penalties may be assessed, procedure. —
1. An action may be brought by the department, or by the attorney general on his own volition or at the request of the department or any other appropriate state agency, to temporarily or permanently enjoin or restrain any violation of sections 630.705 to 630.760, to enjoin the acceptance of new residents until substantial compliance with sections 630.705 to 630.760 is achieved, or to enjoin any specific action or practice of the residential facility or day program. Any action brought under the provisions of this section shall be placed at the head of the docket by the court and the court shall hold a hearing on any action brought under the provisions of this section no less than fifteen days after the filing of the action.
2. Any facility or program which has received a notice of noncompliance as provided by sections 630.745 to 630.750 is liable to the state for civil penalties of up to ten thousand dollars for each day that noncompliance continues after the notice of noncompliance is received. The attorney general shall, upon the request of the department, bring an action in a circuit court of competent jurisdiction to recover the civil penalty. The court shall have the authority to determine the amount of civil penalty to be assessed within the limits set out in this section. Appeals may be taken from the judgment of the circuit court as in other civil cases.
3. The imposition of any remedy provided for in sections 630.705 to 630.760 shall not bar the imposition of any other remedy.
4. Penalties collected for violations of this section shall be transferred to the state schools moneys established under section 166.051. Such penalties shall not be considered a charitable contribution for tax purposes.
5. To recover any civil penalty, the moving party shall prove by a preponderance of the evidence that the violation occurred.
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(L. 1980 H.B. 1724, A.L. 2007 S.B. 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.760 - Patients to have same rights as those for residents of nursing homes.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.760. Patients to have same rights as those for residents of nursing homes. —
In addition to rights provided for patients, residents or clients of residential facilities licensed by the department under this chapter, residents or clients in facilities and programs licensed by the department shall have the same rights as residents as defined in chapter 198 have under section 198.088.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.763 - Receiver may be requested, by whom, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.763. Receiver may be requested, by whom, when. —
The attorney general, either on his own initiative or upon the request of the department or of any other state governmental agency having an interest in the matter, a resident or residents or the guardian of a resident of a residential facility or the head of a facility may petition for appointment of a receiver for such facility when any of the following conditions exist:
(1) The facility is being operated without a license;
(2) The department has revoked the license of the facility or refused to grant an application for a license for the facility;
(3) The department has initiated revocation procedures and has determined that the lives, health, safety, or welfare of the residents cannot be adequately assured pending a full hearing on license revocation;
(4) The facility is closing or intends to close and adequate arrangements for relocation of residents have not been made at least thirty days prior to closure;
(5) An emergency exists in the facility;
(6) The licensee is insolvent; or
(7) An owner of the land or structure is insolvent and such insolvency substantially affects the operation of the facility.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.766 - Monitor may be assigned by department — to advise operator as to compliance — report to department.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.766. Monitor may be assigned by department — to advise operator as to compliance — report to department. —
In any situation described in section 630.763 the department may place a person to act as a monitor in the facility. The monitor shall observe operation of the residential facility and shall advise it on how to comply with state laws and regulations, and shall submit a written report periodically to the department on the operation of the facility.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.769 - Venue for appointment of receiver — copy of petition to be provided — hearing thereon within five days, determination within fifteen — court to appoint receiver if grounds exist.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.769. Venue for appointment of receiver — copy of petition to be provided — hearing thereon within five days, determination within fifteen — court to appoint receiver if grounds exist. —
Any petition for appointment of a receiver shall be verified and shall be accompanied by an affidavit or affidavits setting forth material facts showing there exists one or more of the conditions specified in section 198.099. The petition shall be filed in the circuit court of Cole County or in the county where the residential facility is located. If the petition is not filed by the attorney general, a copy of the petition shall be served upon the department and upon the attorney general. The court shall hold a hearing on the petition within five days of the filing of the petition and determine the matter within fifteen days of the initial hearing. The petition and notice of the hearing shall be served on the head of the facility or, if personal service is impossible, shall be posted in a conspicuous place in the residential facility not later than three days before the time specified for the hearing, unless a different period is fixed by order of the court. The court shall appoint the director of the department, or any person determined by the court to be qualified, to act as receiver if it finds that any ground exists which would authorize the appointment of a receiver under section 198.099, and that appointment of a receiver will contribute to the continuity of care or the orderly and safe transfer of residents in the facility.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.772 - Emergency procedure.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.772. Emergency procedure. —
If it appears from the petition filed under section 198.105, or from an affidavit or affidavits filed with the petition, or from testimony of witnesses under oath when the court determines that this is necessary, that there is probable cause to believe that an emergency exists in the residential facility, the court shall immediately issue the requested order for appointment of a receiver, ex parte and without further hearing. Notice of the petition and order shall be served on the head of the facility or, if personal service is impossible, shall be posted in a conspicuous place in the facility within twenty-four hours after issuance of the order. If the petition is not filed by the attorney general, a copy of the petition shall be served on the department and upon the attorney general. A hearing on the petition shall be held within three days after notice is served or posted unless the head of the facility consents to a later date. After the hearing, the court may terminate, continue or modify the temporary order.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.778 - Receiver may disregard certain contracts — factors to be considered — court may order temporary noncompliance.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.778. Receiver may disregard certain contracts — factors to be considered — court may order temporary noncompliance. —
1. A receiver may not be required to honor any lease, mortgage, secured transaction or other wholly or partially executory contract entered into on behalf of the facility if the agreement is unconscionable. Factors which shall be considered in determining the unconscionability include, but are not limited to, the following:
(1) The person seeking payment under the agreement was an affiliate of the individual contracting on behalf of the facility at the time the agreement was made;
(2) The rental, price, or rate of interest required to be paid under the agreement was substantially in excess of a reasonable rental, price or rate of interest at the time the agreement was entered into.
2. If the receiver is in possession of real estate or goods subject to a lease, mortgage or security interest which the receiver is permitted to avoid under subsection 1 of this section, and if the real estate or goods are necessary for the continued operation of the facility, the receiver may apply to the court to set a reasonable rental, price or rate of interest to be paid by the receiver during the duration of the receivership. The court shall hold a hearing on the application within fifteen days. The receiver shall send notice of the application to any known owners of the property involved at least ten working days prior to the hearing. Payment by the receiver of the amount determined by the court to be reasonable is a defense to any action against the receiver for payment or for possession of person who received such notice, but the payment does not relieve the licensee or head of the facility of any liability for the difference between the amount paid by the receiver and the amount due under the original lease or mortgage involved.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.781 - Compensation of receiver.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.781. Compensation of receiver. —
1. The court shall set the compensation of the receiver, which shall be considered a necessary expense of a receivership.
2. A receiver may be required by the court to post a bond, which shall be considered a necessary expense of the receivership.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.784 - Receiver may receive license.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.784. Receiver may receive license. —
Other provisions of sections 630.705 to 630.760 notwithstanding, the department may issue a license to a residential facility being operated by a receiver under sections 630.763 to 630.793. The duration of a license issued under this section is limited to the duration of the receivership.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.787 - Receivership may be terminated by court, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.787. Receivership may be terminated by court, when. —
The court may terminate a receivership:
(1) Upon a motion by any party to the petition, by the department, or by the receiver, and a finding by the court that the deficiencies and violations in the residential facility have been substantially eliminated or remedied; or
(2) If all residents in the facility have been provided alternative modes of health care, either in another facility or otherwise.
­­The court may immediately terminate the receivership, or may terminate the receivership subject to such terms as the court deems necessary or appropriate to prevent the conditions complained of from recurring.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.790 - Accounting of receiver, when — judgment for deficiencies — priority of receiver's claim.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.790. Accounting of receiver, when — judgment for deficiencies — priority of receiver's claim. —
1. Within thirty days after termination or such other time as the court may set, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected under section 630.772 and of the expenses of the receivership.
2. If the operating funds collected by the receiver under section 630.775 exceed the reasonable expenses of the receivership, the court shall order the payment of the surplus to the licensee. If the operating funds are insufficient to cover reasonable expenses of the receivership, the licensee shall be liable for the deficiency. The licensee may apply to the court to determine the reasonableness of any expense of the receivership. The licensee shall not be responsible for expenses in excess of what the court finds to be reasonable.
3. If a deficiency exists under subsection 2 of this section, the receiver may apply to the court for such a determination. If after notice to all interested parties and a hearing the court finds that in fact a deficiency does exist, then the court shall enter judgment in favor of the receiver and against the appropriate party or parties as set forth in subsection 2 of this section for the amount of such deficiency. Any judgment obtained under this subsection shall be treated as any other judgment and may be enforced according to law.
4. Any judgment for a deficiency obtained in accordance with this section by the receiver or any portion thereof may be assigned wholly or in part upon approval of the court.
5. The judgment shall have priority over any other judgment or lien or other interest which originates subsequent to the filing of a petition for receivership under the provisions of sections 630.763 to 630.793 except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.793 - Liabilities of receivers and licensees.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.793. Liabilities of receivers and licensees. —
No licensee may be held liable for acts or omissions of the receiver or the receiver's employees during the term of the receivership. Nothing in sections 630.763 to 630.793 shall be deemed to relieve any licensee or affiliate of a licensee of a facility placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or omissions of the licensee or affiliates of the licensee prior to the appointment of a receiver under section 630.763 or 630.793, nor shall anything contained in sections 630.763 to 630.793 be construed to suspend during the receivership any obligation of the licensee or any affiliate of a licensee for payment of taxes or other operating and maintenance expenses of the facility, nor of the licensee or affiliates of the licensee for the payment of mortgages or liens.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.805 - Nonresidents may be returned to place of residence, when — reciprocal agreements authorized — transportation costs.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1996
630.805. Nonresidents may be returned to place of residence, when — reciprocal agreements authorized — transportation costs. —
1. Except for those persons committed to the department of mental health pursuant to chapter 552, a person who is not a resident of this state who is committed to the department of mental health for care, treatment, detention or training in a state hospital or institution by order of a court may be returned by the department, either before or after such person's admission to a state hospital or institution, to the state of such person's residence, except that no person shall be so returned unless proper arrangements to receive the patient have been made with the state to which the person is to be returned.
2. The director of the department of mental health may enter into reciprocal agreements with other states or political subdivisions thereof for the interstate transportation or transfer of mentally ill or mentally deficient persons, or persons who are in need of mental treatment, to the state of their residence.
3. The cost of transporting a nonresident patient to the state of the patient's residence is payable out of funds appropriated to the department of mental health.
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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.815 - Director of department to make rules — cooperate in administration.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.815. Director of department to make rules — cooperate in administration. —
The director of the department of mental health shall be the compact administrator who, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or any supplementary agreement or agreements entered into by this state thereunder.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.820 - Supplementary agreements authorized, when effective.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.820. Supplementary agreements authorized, when effective. —
The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.825 - Expenses, how paid.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.825. Expenses, how paid. —
All expenditures necessitated under the provisions of sections 630.810 to 630.835 shall be paid out of appropriations made to the department of mental health.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.830 - Transfer of patient, duty of administrator.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.830. Transfer of patient, duty of administrator. —
The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the court which committed the proposed transferee.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.835 - Copies of law furnished other states.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 1980
630.835. Copies of law furnished other states. —
Duly authorized copies of sections 630.810 to 630.835 shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the Attorney General and the Secretary of State of the United States, and the Council of State Governments.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.850 - Compact enacted — form.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
Effective - 28 Aug 1980
630.850. Compact enacted — form. —
The "Interstate Compact on the Mentally Disordered Offender", hereinafter called "the compact", is hereby enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as contained in section 630.855.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.925 - Mental health fatality review panel established, members, duties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 2007
630.925. Mental health fatality review panel established, members, duties. —
1. The director of the department shall establish a mental health fatality review panel to review deaths of all adults in the care and custody of the department. The panel shall be formed and shall operate according to the rules, guidelines, and protocols provided by the department of mental health.
2. The panel shall include, but shall not be limited to, the following:
(1) A prosecuting or circuit attorney;
(2) A coroner or medical examiner;
(3) Law enforcement personnel;
(4) A representative from the departments of mental health, social services, health and senior services, and public safety;
(5) A representative of the Missouri Protection and Advocacy.
3. The director of the department of mental health shall organize the panel and shall call the first organizational meeting of the panel. The panel shall elect a chairman who shall convene the panel to meet at least quarterly to review all suspicious deaths of patients, residents, or clients who are in the care and custody of the department of mental health, which meet guidelines for review as set forth by the department of mental health. In addition, the panel may review at its own discretion any death reported to it by the medical examiner, coroner, or a parent or legal representative of a client in the care and custody of the department, even if it does not meet criteria for review as set forth by the department. The panel shall issue a final report, which shall be a public record, of each investigation to the department of mental health. The final report shall include a completed summary report form. The form shall be developed by the director of the department of mental health. The department of mental health shall analyze the mental health fatality review panel reports and periodically prepare epidemiological reports which describe the incidence, causes, location, and other factors. The department of mental health shall make recommendations and develop programs to prevent patient, resident, or client injuries and deaths.
4. For purposes of this section,
"suspicious death"
shall include but not be limited to when the following occurs:
(1) A crime is involved;
(2) An accident has occurred;
(3) A medical prognosis has not been ascertained; or
(4) A person has died unexpectedly.
5. The mental health fatality review panel shall enjoy such official immunity as exists at common law.
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(L. 2007 S.B. 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.927 - Rulemaking authority.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 2007
630.927. Rulemaking authority. —
1. The director of the department of mental health shall promulgate rules, guidelines, and protocols for the mental health fatality review panel established pursuant to section 630.925.
2. The director shall promulgate guidelines and protocols for coroner and medical examiners to use to help them to identify suspicious deaths of patients, residents, or clients in the care and custody of the department of mental health.
3. 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, 2007, shall be invalid and void.
4. All meetings conducted, all reports and records made and maintained pursuant to sections 630.925 and 630.927 by the department of mental health, or other appropriate persons, officials, or state mental health fatality review panel shall be confidential and shall not be open to the general public except for the annual report pursuant to section 630.925.
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(L. 2007 S.B. 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.945 - Maximum and intermediate facilities, work hours limited — exception for emergencies.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
Effective - 28 Aug 2018, 2 histories
630.945. Maximum and intermediate facilities, work hours limited — exception for emergencies. —
Beginning July 1, 2013, no state employee, regardless of job classification, who is working in a maximum or intermediate security mental health facility or any portion of a mental health facility which has maximum or intermediate security shall be mandated to work more than twelve hours in any twenty-four hour period unless the department of mental health declares an emergency workforce shortage. The provisions of this section shall not apply on the first Sunday of November each year when the standard time changes according to 15 U.S.C. Section 260a.
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(L. 2012 H.B. 1318, A.L. 2018 S.B. 660)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.950 - Immunity from liability, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
Effective - 28 Aug 2007
630.950. Immunity from liability, when. —
Any department employee or employee of a residential facility, day program, or specialized service operated, funded, or licensed by the department who reports on or discusses employee job performance for the purposes of making employment decisions that affect the safety of consumers and who does so in good faith and without malice shall not be subject to an action for civil damages as a result thereof, and no cause of action shall arise against him or her as a result of his or her conduct pursuant to this section. The attorney general shall defend such persons in any such action or proceeding.
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(L. 2007 S.B. 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.975 - Rulemaking authority — disclosure of records, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
Effective - 28 Aug 2007
630.975. Rulemaking authority — disclosure of records, when. —
1. The director of the department of mental health shall promulgate rules, guidelines and protocols for hospitals and physicians to use to help them to identify suspicious deaths of patients, residents, or clients in the care and custody of the department of mental health.
2. Any hospital, physician, medical professional, mental health professional, or department of mental health facility shall disclose upon request all records, medical or social, of any client in the care and custody of the department of mental health who has died to the mental health fatality review panel established under section 630.925 to investigate the person's death. Any legally recognized privileged communication, except that between attorney and client, shall not apply to situations involving the death of a client in the care and custody of the department of mental health.
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(L. 2007 S.B. 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.1000 - Office of comprehensive child mental health established, duties — staff authorized.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
• Effective - 28 Aug 2005
630.1000. Office of comprehensive child mental health established, duties — staff authorized. —
1. There is hereby established in the department of mental health an "Office of Comprehensive Child Mental Health". The office of comprehensive child mental health, under the supervision of the director of the department of mental health, shall provide leadership in developing and implementing the comprehensive child mental health service system plan established under section 630.097. The office shall:
(1) Assure oversight and monitoring of the implementation of the comprehensive child mental health service system plan;
(2) Provide support, technical assistance and training to all departments participating in the development and implementation of the comprehensive child mental health service system established under section 630.097;
(3) Develop and coordinate service system, financing and quality assurance policy for all children's mental health services within the department of mental health;
(4) Provide leadership in program development for children's mental health services within the department of mental health, to include developing program standards and providing technical assistance in developing program capacity;
(5) Provide clinical consultation, technical assistance and clinical leadership for all child mental health within the department and to other child-serving agencies participating in the comprehensive child mental health system;
(6) Participate in the work of the coordinating board for early childhood;
(7) Participate in interagency child mental health initiatives as directed; and
(8) Provide staff support and leadership to the state comprehensive system management team established under section 630.097.
2. The departments participating in the comprehensive child mental health service system established under section 630.097 shall designate staff to represent their respective department on the state comprehensive system management team.
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(L. 2005 S.B. 501)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.1005 - Comprehensive child mental health clinical advisory council established, members, duties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
Effective - 28 Aug 2005
630.1005. Comprehensive child mental health clinical advisory council established, members, duties. —
1. There is hereby established in the department of mental health a "Comprehensive Child Mental Health Clinical Advisory Council". The council, under the supervision of the director of the department of mental health, shall advise the office of comprehensive child mental health established under section 630.1000. The council shall be comprised of not more than ten members and shall include, but not be limited to, individuals representing the following disciplines: pediatric medicine, child psychiatry, child psychology, social work, clinical counseling, school psychologist, research, financing, and evaluation. The director of the department of mental health, or his or her designee, and a member of the office of comprehensive child mental health established under section 630.1000 shall serve as ex officio members of the council.
2. The members of the council, other than the ex officio members, shall be appointed by the director of the department of mental health and shall serve for three-year terms. Members shall serve on the council without compensation but may be reimbursed for the actual and necessary expenses from moneys appropriated to the department of mental health for that purpose. Members of the advisory council shall:
(1) Share with the council and department information on state and national trends, evidenced-based practices and research findings within their respective fields;
(2) Serve as a liaison with their respective discipline to obtain and disseminate information;
(3) Identify funding and research opportunities within their respective field; and
(4) Advise the department in ways that knowledge from their respective field can be merged within other fields to provide a comprehensive system.
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(L. 2005 S.B. 501)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 630 - Department of Mental Health › Section 630.1150 - Foster children with mental illness, continued hospitalization of — collaborative project, requirements — interim report — expiration date.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 630
Effective - 28 Aug 2023
630.1150. Foster children with mental illness, continued hospitalization of — collaborative project, requirements — interim report — expiration date. —
1. The department of mental health and the department of social services shall oversee and implement a collaborative project to:
(1) Assess the incidence and implications of continued hospitalization of foster children and clients of the department of mental health that occurs without medical justification because appropriate postdischarge placement options are unavailable;
(2) Assess the incidence and implications of continued hospitalization of foster children with mental illnesses, mental disorders, intellectual disabilities, and developmental disabilities that occurs without medical justification because they are awaiting screening for appropriateness of residential services; and
(3) Develop recommendations to ensure that patients described in this subsection receive treatment in the most cost-effective and efficacious settings, consistent with federal and state standards for treatment in the least restrictive environment.
2. The departments shall solicit and consider data and recommendations from foster children, clients of the department of mental health, and other stakeholders who may provide or coordinate treatment, or have responsibility, for such children or patients, including:
(1) Hospital social workers and discharge planners;
(2) Health insurers;
(3) Psychiatrists and psychologists;
(4) Hospitals, as defined in section 197.020;
(5) Skilled nursing facilities and intermediate care facilities licensed under chapter 198;
(6) Vendors, as defined in section 630.005;
(7) Vulnerable persons or persons under the care and custody of the children's division of the department of social services;
(8) Consumers;
(9) Public elementary and secondary schools;
(10) Family support teams and case workers; and
(11) The courts.
3. The departments shall issue interim reports by December 31, 2023, and July 1, 2024, and a final report by December 1, 2024. Copies of each report shall be submitted concurrently to the general assembly.
4. The provisions of this section shall expire on January 1, 2025.
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(L. 2023 H.B. 402)
Expires 1-01-25
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 631 - Alcohol and Drug Abuse › Section 631.005 - Definitions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 631
• Effective - 28 Aug 1989
631.005. Definitions. —
In addition to the definitions in section 632.005 which are applicable to this chapter, the following terms as used in this chapter mean:
(1)
"Alcohol or drug abuse facility"
, a place providing treatment and rehabilitation to persons engaged in alcohol or drug abuse, or both, which is recognized as such a place by the department of mental health;
(2)
"Division"
, the division of alcohol and drug abuse of the department of mental health;
(3)
"Division director"
, the director of the division of alcohol and drug abuse of the department of mental health, or his designee;
(4)
"Qualified counselor"
, a person who provides substance abuse counseling and who meets the qualifications prescribed in the standards for certification of alcohol and drug abuse programs under rules promulgated by the department of mental health, as authorized by sections 630.050 and 630.655;
(5)
"Respondent"
, an individual who is the subject of involuntary civil detention proceedings instituted under this chapter.
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(L. 1980 H.B. 1724, A.L. 1985 S.B. 265, A.L. 1989 S.B. 215 & 58)
CROSS REFERENCE:
Definitions also applicable, 630.005
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 631 - Alcohol and Drug Abuse › Section 631.015 - Division director to be chief administrative officer.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 631
Effective - 28 Aug 1980
631.015. Division director to be chief administrative officer. —
The division director, subject to the supervision of the director, shall be the chief administrative officer of the division and shall exercise for the division the powers and duties of an appointing authority under chapter 36, to employ such administrative, technical and other personnel, except employees of department facilities, as may be necessary for the performance of the powers and duties of the division.
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(L. 1980 H.B. 1724)