reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.080 - Abortion performed by other than a physician with clinical privileges at a hospital, a felony.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 15 Sep 2005, see footnote
188.080. Abortion performed by other than a physician with clinical privileges at a hospital, a felony. —
Any person who is not a physician who performs or induces or attempts to perform or induce an abortion on another is guilty of a class B felony, and, upon conviction, shall be punished as provided by law. Any physician performing or inducing an abortion who does not have clinical privileges at a hospital which offers obstetrical or gynecological care located within thirty miles of the location at which the abortion is performed or induced shall be guilty of a class A misdemeanor, and, upon conviction shall be punished as provided by law.
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(L. 1974 H.B. 1211 § 15, A.L. 1986 H.B. 1596, A.L. 2005 1st Ex. Sess. S.B. 1)
Effective 9-15-05
(2016) Admitting privileges provision is substantially similar to Texas statute held to violate the federal Constitution by placing a substantial obstacle in path of women seeking a previability abortion and by constituting an undue burden on abortion access. Whole Woman's Health v. Hellerstedt, 579 U.S. 582 (2016).
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.085 - Sections 188.010 to 188.085 not to be deemed exclusive of other regulations or remedies.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 14 Jun 1974, see footnote
188.085. Sections 188.010 to 188.085 not to be deemed exclusive of other regulations or remedies. —
Nothing in sections 188.010 to 188.085 shall be construed to exempt any person, firm, or corporation from civil liability for medical malpractice for negligent acts or certification under sections 188.010 to 188.085.
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(L. 1974 H.B. 1211 § 16)
Effective 6-14-74
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.100 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1986
188.100. Definitions. —
Unless the language or context clearly indicates a different meaning is intended, the following words or phrases for the purposes of sections 188.100 to 188.120 shall mean:
(1)
"Employer"
, the state, or any political or civil subdivision thereof, or any person employing two or more persons within the state, and any person acting as an agent of the employer;
(2)
"Participate in abortion"
, to perform, assist in, refer for, promote, procure, or counsel a woman to have an abortion not necessary to save the life of the mother; or to undergo an abortion;
(3)
"Person"
includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, or other organized groups of persons.
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(L. 1986 H.B. 1596)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.105 - Discrimination by employer prohibited because of failure of employee to participate in abortion — exceptions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1986
188.105. Discrimination by employer prohibited because of failure of employee to participate in abortion — exceptions. —
1. It shall be unlawful:
(1) For an employer:
(a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of such individual's refusal to participate in abortion;
(b) To limit, segregate, or classify his, her, or its employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee, because of such individual's refusal to participate in abortion;
(c) To discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden under sections 188.100 to 188.120 or because he or she has filed a complaint, testified, or assisted in any legal proceeding under sections 188.100 to 188.120;
(2) For any person, whether an employer or employee, or not, to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under sections 188.100 to 188.120, or to attempt to do so.
2. Notwithstanding any other provision of sections 188.100 to 188.120, the acts proscribed in subsection 1 of this section shall not be unlawful if there can be demonstrated an inability to reasonably accommodate an individual's refusal to participate in abortion without undue hardship on the conduct of that particular business or enterprise, or in those certain instances where participation in abortion is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.
3. Nothing contained in sections 188.100 to 188.120 shall be interpreted to require any employer to grant preferential treatment to any individual because of such individual's refusal to participate in abortion.
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(L. 1986 H.B. 1596)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.110 - Discrimination by colleges, universities and hospitals prohibited — no requirement to pay fees, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1986
188.110. Discrimination by colleges, universities and hospitals prohibited — no requirement to pay fees, when. —
1. No public or private college, university or hospital shall discriminate against any person for refusal to participate in abortion.
2. No applicant, student, teacher, or employee of any school shall be required to pay any fees that would in whole or in part fund an abortion for any other applicant, student, teacher, or employee of that school, if the individual required to pay the fee gives written notice to the proper school authorities that it would be in violation of his or her conscience or beliefs to pay for or fund abortions. The school may require the individual to pay that part of the fees not funding abortions, if the school makes reasonable precautions and gives reasonable assurance that the fees that are paid are segregated from any fund for the payment of abortions.
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(L. 1986 H.B. 1596)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.115 - Severability clause.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1986
188.115. Severability clause. —
If any provision of sections 188.100 to 188.120 is found by a court of competent jurisdiction to be invalid or unconstitutional as applied to a specific person or class of persons, the provisions of sections 188.100 to 188.120 shall remain in full force and effect as to every other person or class of persons who is otherwise covered under these sections.
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(L. 1986 H.B. 1596)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.120 - Cause of action for violation of discrimination laws, treble damages, attorney's fees.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1986
188.120. Cause of action for violation of discrimination laws, treble damages, attorney's fees. —
Any individual injured by any person, association, corporation, or entity by reason of any action prohibited by sections 188.100 to 188.120, as now or hereafter amended, may commence a civil cause of action against the person, association, corporation, or entity who caused the injury, and shall recover treble damages, including pain and suffering, sustained by such individual, the costs of the suit and reasonable attorney's fees.
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(L. 1986 H.B. 1596)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.130 - No cause of action for wrongful life.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
Effective - 28 Aug 1986
188.130. No cause of action for wrongful life. —
1. No person shall maintain a cause of action or receive an award of damages on behalf of himself or herself based on the claim that but for the negligent conduct of another, he or she would have been aborted.
2. No person shall maintain a cause of action or receive an award of damages based on the claim that but for the negligent conduct of another, a child would have been aborted.
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(L. 1986 H.B. 1596)
(1989) Harm was not suffered until child was born and statute applied where child was conceived prior to effective date of statute but born after such date. Statute did not bar action for negligence against physician alleging failure to inform mother prior to birth that her fetus was deformed when mother alleged emotional distress from shock of discovering such defect after birth. (Mo. banc) Shelton v. St. Anthony's Medical Center, 781 S.W.2d 48.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.160 - Whistleblower protection policy, required when — rulemaking authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
Effective - 24 Oct 2017, see footnote
188.160. Whistleblower protection policy, required when — rulemaking authority. —
1. Every hospital, abortion facility, pathology lab, medical research entity, and any other facility involved in abortion shall establish and implement a written policy relating to the protections for employees who disclose information concerning actual, potential, or alleged violations of applicable federal or state laws or administrative rules, regulations, or standards.
2. The department of health and senior services is authorized to adopt rules, regulations, and standards regarding the establishment and implementation of policies created under 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 October 24, 2017, shall be invalid and void.
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(L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.200 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1986
188.200. Definitions. —
As used in sections 188.200 to 188.220, the following terms mean:
(1)
"Public employee"
, any person employed by this state or any agency or political subdivision thereof;
(2)
"Public facility"
, any public institution, public facility, public equipment, or any physical asset owned, leased, or controlled by this state or any agency or political subdivisions thereof;
(3)
"Public funds"
, any funds received or controlled by this state or any agency or political subdivision thereof, including, but not limited to, funds derived from federal, state or local taxes, gifts or grants from any source, public or private, federal grants or payments, or intergovernmental transfers.
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(L. 1986 H.B. 1596 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.205 - Use of public funds prohibited, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1986
188.205. Use of public funds prohibited, when. —
It shall be unlawful for any public funds to be expended for the purpose of performing or assisting an abortion, not necessary to save the life of the mother, or for the purpose of encouraging or counseling a woman to have an abortion not necessary to save her life.
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(L. 1986 H.B. 1596 § 2)
(1987) United States District Court for the Western District of Missouri Central Division, on March 17, 1987, held that section 188.205 was unconstitutional and the state was permanently enjoined from enforcing this provision. Reproductive Health Services v. William L. Webster, 655 F.Supp. 1300 (W.D. Mo.).
(1988) United States Court of Appeals for the Eighth Circuit held that Missouri's ban on expenditure of public funds for purpose of performing or assisting abortions is constitutional but the portion of the section which prohibits the use of public funds for encouraging or counseling a woman to have an abortion is void for vagueness. Reproductive Health Services v. William L. Webster, 851 F.2d 1071 (8th Cir.).
(1989) Where state interpretation of statute was that it was not directed at primary conduct of physicians or health care providers but was simply instruction to state's fiscal officers not to allocate public funds for abortion counseling, state-employed health professionals and private nonprofit corporations providing abortion services were no longer adversely affected by section and there was no longer case or controversy before a court. Webster v. Reproductive Health Services, 109 S.Ct. 3040.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.210 - Public employees, activities prohibited, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1986
188.210. Public employees, activities prohibited, when. —
It shall be unlawful for any public employee within the scope of his employment to perform or assist an abortion, not necessary to save the life of the mother. It shall be unlawful for a doctor, nurse or other health care personnel, a social worker, a counselor or persons of similar occupation who is a public employee within the scope of his public employment to encourage or counsel a woman to have an abortion not necessary to save her life.
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(L. 1986 H.B. 1596 § 3)
(1987) United States District Court for the Western District of Missouri Central Division, on March 17, 1987, held that section 188.210 was unconstitutional and the state was permanently enjoined from enforcing this provision. Reproductive Health Services v. William L. Webster, 655 F.Supp. 1300 (W.D. Mo.).
(1988) United States Court of Appeals for the Eighth Circuit affirmed the district court's judgment that this section is unconstitutional. Reproductive Health Services v. William L. Webster, 851 F.2d 1071 (8th Cir.).
(1989) United States Supreme Court reversed the holding of the lower courts and held that prohibition of use of public funds to perform or to assist in performing nontherapeutic abortions was not a violation of the U.S. Constitution. Webster v. Reproductive Health Services, 109 S.Ct. 3040.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.215 - Use of public facilities prohibited, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1986
188.215. Use of public facilities prohibited, when. —
It shall be unlawful for any public facility to be used for the purpose of performing or assisting an abortion not necessary to save the life of the mother or for the purpose of encouraging or counseling a woman to have an abortion not necessary to save her life.
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(L. 1986 H.B. 1596 § 4)
(1987) United States District Court for the Western District of Missouri Central Division, on March 17, 1987, held that section 188.215 was unconstitutional and the state was permanently enjoined from enforcing this provision. Reproductive Health Services v. William L. Webster, 655 F.Supp. 1300 (W.D. Mo.).
(1988) United States Court of Appeals for the Eighth Circuit affirmed the district court's judgment that this section is unconstitutional. Reproductive Health Services v. William L. Webster (Nos. 87-1641 and 87-2157, July 13, 1988).
(1989) United States Supreme Court reversed the holding of the lower courts and held that prohibition of use of public funds to perform or to assist in performing nontherapeutic abortions was not a violation of the U.S. Constitution. Webster v. Reproductive Health Services, 109 S.Ct. 3040.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.220 - Taxpayer standing to bring suit, when, where.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1986
188.220. Taxpayer standing to bring suit, when, where. —
Any taxpayer of this state or its political subdivisions shall have standing to bring suit in a circuit court of proper venue to enforce the provisions of sections 188.200 to 188.215.
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(L. 1986 H.B. 1596 § 5)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.230 - Construction of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
• Effective - 28 Aug 1993
188.230. Construction of law. —
Nothing in this act
*
is intended to authorize anyone other than a physician to perform an abortion.
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(L. 1993 H.B. 564 § 34)
*"This act" (H.B. 564, 1993) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 188 - Regulation of Abortions › Section 188.250 - Causing, aiding, or assisting a minor to obtain an abortion prohibited, civil penalty — impermissible defenses — court injunction authorized, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 188
Effective - 15 Sep 2005, see footnote
188.250. Causing, aiding, or assisting a minor to obtain an abortion prohibited, civil penalty — impermissible defenses — court injunction authorized, when. —
1. No person shall intentionally cause, aid, or assist a minor to obtain an abortion without the consent or consents required by section 188.028.
2. A person who violates subsection 1 of this section shall be civilly liable to the minor and to the person or persons required to give the consent or consents under section 188.028. A court may award damages to the person or persons adversely affected by a violation of subsection 1 of this section, including compensation for emotional injury without the need for personal presence at the act or event, and the court may further award attorneys' fees, litigation costs, and punitive damages. Any adult who engages in or consents to another person engaging in a sex act with a minor in violation of the provisions of chapter 566, 567, 568, or 573 which results in the minor's pregnancy shall not be awarded damages under this section.
3. It shall not be a defense to a claim brought under this section that the abortion was performed or induced pursuant to consent to the abortion given in a manner that is otherwise lawful in the state or place where the abortion was performed or induced.
4. An unemancipated minor does not have capacity to consent to any action in violation of this section or section 188.028.
5. A court may enjoin conduct that would be in violation of this section upon petition by the attorney general, a prosecuting or circuit attorney, or any person adversely affected or who reasonably may be adversely affected by such conduct, upon a showing that such conduct:
(1) Is reasonably anticipated to occur in the future; or
(2) Has occurred in the past, whether with the same minor or others, and that it is not unreasonable to expect that such conduct will be repeated.
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(L. 2005 1st Ex. Sess. S.B. 1)
Effective 9-15-05
(2007) Section, as narrowly construed to exclude speech or expressive conduct, is constitutional. Planned Parenthood of Kansas v. Nixon, 220 S.W.3d 732 (Mo.banc).
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.015 - Local public hospital tax effort — report — amount required — report filed when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 2018, 2 histories
189.015. Local public hospital tax effort — report — amount required — report filed when. —
The chief fiscal officer of:
(1) Each city and county operating a hospital, clinic operated by a social welfare board of a county of the second class, or hospital district in the state of Missouri; and
(2) Each not-for-profit corporation operating a hospital under contract with a city or county shall submit to the director and the state board of health and senior services, a report, setting forth the local public hospital tax effort for its last fiscal year, which shall equal:
(a) The total gross expenditures made by such city, county, corporation or hospital district during a fiscal year for the operation of a hospital in the city, county or district, less
(b) The total amounts received during that fiscal year by such city, county, corporation, or district in payment for hospital services or in support of hospital operations.
­­The report shall be made to the director not later than September first of each year.
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(L. 1974 H.B. 1686 § 2, A.L. 1980 S.B. 847, A.L. 2018 S.B. 843)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.020 - Director may require further data — may examine books and records or request audit.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 1980
189.020. Director may require further data — may examine books and records or request audit. —
Upon receipt of the above information, the director may:
(1) Request further information concerning receipts and expenditures of the city, county, corporation, or district; and may
(2) Examine the books and records of the city, county, corporation or district; or may
(3) Request from the fiscal officer an audit by a certified public accountant of any hospital covered by sections 189.010 to 189.085, and accept the same in lieu of requesting further information or an examining of the books and records of the city, county, corporation, or district.
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(L. 1974 H.B. 1686 § 3, A.L. 1980 S.B. 847)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.025 - Director may propose allocations — to report local tax effort and proposed allocations to state board of health and fiscal officers of governmental body.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 2018, 2 histories
189.025. Director may propose allocations — to report local tax effort and proposed allocations to state board of health and fiscal officers of governmental body. —
The director shall promptly propose such allocations in the statements which he shall determine to be reasonably necessary to conform to the provisions of sections 189.010 to 189.085 and which are within the limits of the budget recommendations. He shall, thereupon, determine the local public hospital tax effort for patient care for the fiscal year. He shall report this amount to the state board of health and senior services and the chief fiscal officers of the city, county, corporation, or district, accompanied by the proposed allocations.
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(L. 1974 H.B. 1686 § 4, A.L. 1980 S.B. 847, A.L. 2018 S.B. 843)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.030 - State board of health to approve proposed allocations — letter of approval to chief fiscal officers and director — to revise allocations by June fifteenth.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 2018, 2 histories
189.030. State board of health to approve proposed allocations — letter of approval to chief fiscal officers and director — to revise allocations by June fifteenth. —
Upon receipt of the information from the director, the state board of health and senior services shall within forty-five days examine the proposed allocated appropriations to ensure that such funds are allocated proportionately to qualifying hospitals in a ratio based upon available funds as compared to the maximum entitlement of each qualifying hospital and either approve them within the limit of the budget recommendation, or shall disapprove proposed allocated appropriations or parts thereof which it does not find to be reasonable for the improvement of care to poor patients in the hospital or hospitals. If any appropriation or part thereof is disapproved by the board of health and senior services, the director may continue to submit revised proposals to the state board of health and senior services within the limits of the budget recommendation therefor until the state board of health and senior services approves the appropriation within the limits of the budget recommendation. The board shall send a letter on the proposed appropriations allocation approved by it to the director and to the chief fiscal officer of the city, county, corporation, or district. Thereafter by June fifteenth of each year the state board of health and senior services shall revise the allocations within the appropriation therefor.
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(L. 1974 H.B. 1686 § 5, A.L. 1980 S.B. 847, A.L. 1988 H.B. 1134, A.L. 2018 S.B. 843)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.035 - Warrants — issuance — amounts, how determined.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 2018, 2 histories
189.035. Warrants — issuance — amounts, how determined. —
Upon receipt of the revised proposal under section 189.030 from the state board of health and senior services, the commissioner of administration shall issue warrants on the state treasurer for an amount equal to the lesser of (a) ten percent of the local public hospital tax effort of the city, county, corporation, or district, as determined by him under section 189.025, or (b) the total proposed appropriations approved by the board of health and senior services.
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(L. 1974 H.B. 1686 § 6, A.L. 1980 S.B. 847, A.L. 2018 S.B. 843)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.040 - Payment to local government treasurer — funds, how used.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 1980
189.040. Payment to local government treasurer — funds, how used. —
The state treasurer shall pay the warrants to the treasurer of the city, county, corporation or district, who shall deposit the same to be used to supplement the appropriations from the local governmental agency for poor patients.
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(L. 1974 H.B. 1686 § 7, A.L. 1980 S.B. 847)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.045 - Minimum expenditure required of local government or aid withheld.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 1980
189.045. Minimum expenditure required of local government or aid withheld. —
Other than for the year for which the chief fiscal officer first renders a report hereunder, and notwithstanding the provisions of sections 189.030 and 189.035, no payment shall be made to any city, county, corporation, or district for any fiscal year in which its total gross expenditures for operation of a hospital or hospitals were less than the total of:
(1) The gross amount of that city's, county's, corporation's, or district's gross expenditures for operation of a hospital or hospitals, according to the first request rendered hereunder by that city, county, corporation, or district as finally accepted by the commissioner of administration, plus
(2) The amount paid to that city, county, corporation, or district by the state of Missouri.
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(L. 1974 H.B. 1686 § 8, A.L. 1980 S.B. 847)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.050 - Local residency requirement prohibited.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 1974
189.050. Local residency requirement prohibited. —
1. Notwithstanding any provision of law to the contrary, no hospital in this state receiving state assistance under the provisions of sections 189.010 to 189.085 shall deny any services and care described in section 189.010 to a prospective patient who is a resident of this state, solely for the reason that the prospective patient
*
does not reside in the city, county, or hospital district in which the hospital is located.
2. Any hospital which violates the provisions of subsection 1 shall not be entitled to any funds under the provisions of sections 189.010 to 189.085.
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(L. 1974 H.B. 1686 § 9)
*Word "patients" appears in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.055 - Duties of department of social services.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 1974
189.055. Duties of department of social services. —
The department is hereby designated as administrator of sections 189.010 to 189.085 and:
(1) Shall formulate and carry on a program to achieve the purposes of sections 189.010 to 189.085. Such program shall be developed in consultation with the advisory committees established by sections 189.010 to 189.085 and in accord with the rules and regulations relating to this program;
(2) Shall, to the greatest degree possible, provide for local or regional management and is authorized to enter into contracts with public and private institutions, agencies and persons for the administration of the provisions of sections 189.010 to 189.085;
(3) In addition to state appropriations, the department shall receive and expend all funds made available by the federal government, by the state or its political subdivision, or from any other sources for such purposes; and it shall cooperate with the federal government in developing, improving, and extending the services and in the administration of any state plan;
(4) Shall cooperate with other state departments and agencies of this state and with medical, health, nursing, and welfare groups and organizations, private or public, and endeavor to coordinate the efforts of all persons and agencies interested in the discovery, care, and rehabilitation of high risk women and children; and it is entitled to receive aid and assistance from other departments and agencies of this state in carrying out the plans adopted by the department
*
;
(5) May receive title to property, real or personal, in all cases of gifts, devises, or bequests to the service and may act as trustee and as such receive title to property, real or personal, where given in trust for the benefit of the service;
(6) Shall develop a program to find and identify high risk patients. Such program shall be developed in consultation with the advisory committees established by sections 189.010 to 189.085, with any other federal, state or local governmental agencies presently involved or likely to be involved in the future with such programs and with any person presently involved or likely to be involved in the future with such programs;
(7) Shall develop a program to evaluate at least annually all programs offered by any persons approved by the department or a party to any contract, agreement or cooperative endeavor with the department relative to standards and regulations promulgated pursuant to sections 189.010 to 189.085. A copy of such evaluation shall be provided the governor and the members of the general assembly in the form of a report submitted over the signature of the director.
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(L. 1974 H.B. 1686 § 10)
*Word "division" appears in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.060 - Director to promulgate rules and regulations, procedure, liaison personnel to be appointed.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 1995
189.060. Director to promulgate rules and regulations, procedure, liaison personnel to be appointed. —
1. Within six months from August 13, 1974, the director shall promulgate rules and regulations required by sections 189.010 to 189.085 pursuant to this section and chapter 536. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
2. The director of the department of mental health shall designate an employee of the department of mental health to provide liaison with services provided by that department which relate to the program required by sections 189.010 to 189.085.
3. Any hearing before the director shall be governed by the provisions of chapter 563. The director may promulgate regulations and standards to further the standards to further the accomplishment of the purpose of this law in management of high risk patients and in the interest of public health, safety and welfare. The members of the committees shall receive actual and necessary expenses incurred for attendance at meetings.
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(L. 1974 H.B. 1686 § 11, A.L. 1993 S.B. 52, A.L. 1995 H.B. 574 merged with S.B. 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.065 - Special need areas, expenditures for.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 2011
189.065. Special need areas, expenditures for. —
The department is authorized and directed to work with public and private institutions and agencies or persons to insure that special services will be available in all regions of the state, both rural and metropolitan. Whenever services or special services required for the purposes of sections 189.010 to 189.085 are not available, the department is authorized to use up to ten percent of the funds appropriated for the purposes of sections 189.010 to 189.085 to assist in establishing the facilities and professional staff required. For the purposes of implementing this section, the department and the advisory committees shall give special consideration to those areas of the state or population groups which demonstrate the highest incidence of developmental disability or where accessibility to services or special services may be limited because of distance.
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(L. 1974 H.B. 1686 § 12, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.070 - Inspections required, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 1974
189.070. Inspections required, when. —
Prior to its acceptance as an approved provider, the director shall cause an inspection to be made of its facilities to determine that the facility is in compliance with the standards prescribed in section 189.020 and with the regulations promulgated under such section. Subsequent to the acceptance of an approved provider, the director shall cause periodic inspections to be made of its facilities whenever he deems such inspections to be necessary, but at least annually. The periodic inspections hereunder shall be in addition to other inspections required to be made under general law or ordinance and shall not excuse compliance with the requirements of any other applicable general law or ordinance.
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(L. 1974 H.B. 1686 § 13)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.075 - Payments on actual cost and fair and reasonable cost basis.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 1995
189.075. Payments on actual cost and fair and reasonable cost basis. —
Funds appropriated under sections 189.010 to 189.085 shall be paid only to providers meeting standards promulgated under sections 189.010 to 189.085. Reimbursement for facilities and equipment approved by the department shall be on the basis of actual cost. Reimbursement for services rendered by providers shall be on the basis of their fair and reasonable charges, not to exceed the customary and usual charges in that community for those services.
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(L. 1974 H.B. 1686 § 14, A.L. 1995 H.B. 574)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.080 - Eligibility requirements for patients.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 1974
189.080. Eligibility requirements for patients. —
Any high risk patient residing in the state of Missouri who is in need of services because of his
*
condition, who has been certified by a licensed physician as having a high risk condition and who, as a person, can probably benefit from such services and who is otherwise financially unable to pay for such services shall be entitled to health services without charge to the limit of the appropriations provided for in
**
sections 189.010 to 189.085. Any high risk patient who, or whose parents, guardian, or other person legally chargeable with the support of the patient, is able to pay a portion but not all of the expenses for the required services for the patient, shall be entitled to the services if the patient or parent, guardian, or other person legally charged with the support of the patient shall pay such portion of the expenses to the hospital and physician as the patient or parent, guardian, or other person legally charged with the support of the patient is reasonably able to pay. Provided, however, that where the patient is eligible, payments will be made for such services through Medicaid, or other insurance benefits available to the patient will be utilized to the fullest extent. The benefits available under these sections shall not replace those provided under other federal or state law or under other contractual or legal entitlements of the persons receiving them. Persons entitled to health services may obtain these from any available provider of services with which an agreement is in effect under this section. The funds made available for the purposes of sections 189.010 to 189.085 shall be disbursed so as to insure full payment for the financially eligible for those conditions of highest risk in accord with priorities to be recommended by the coordinating committee and adopted by the director.
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(L. 1974 H.B. 1686 § 15)
*Word "their" appears in original rolls.
**Word "in" does not appear in original rolls.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.085 - Department to keep records — applicant and recipient records confidential, exception.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
• Effective - 28 Aug 2005
189.085. Department to keep records — applicant and recipient records confidential, exception. —
The department shall develop and maintain appropriate records of services and financial transactions relating to sections 189.010 to 189.085. Disclosure of such information shall be restricted to purposes directly connected with the administration of this health services program. The center for health statistics of the department and the providers shall coordinate record systems and related programs to insure that information needed by the department for the purposes of this program shall be efficiently and economically provided. Records concerning applicants and recipients of health services shall be kept confidential, provided, however, that nothing shall prohibit the department from providing the department of elementary and secondary education access to all records maintained pursuant to this section. The department and the department of elementary and secondary education shall coordinate record systems and related programs to insure that information needed by the department for the purpose of evaluation of this program will be available. The department shall assist the department of elementary and secondary education by providing information required by the department of elementary and secondary education to discharge responsibility for the developmentally disabled and other handicapped children as provided for in subsection 2 of section 162.700. The department shall have access to all records or information obtained pursuant to subsection 2 of section 162.700.
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(L. 1974 H.B. 1686 § 16, A.L. 2005 H.B. 258)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 189 - Aid to Local Governmental Health Facilities › Section 189.095 - Hospitals which qualify for certain MO HealthNet funds are ineligible to receive certain payments — hospitals may elect to reject, when — MO HealthNet division to use funds which would have gone to hospital — division may issue rules and regulations.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 189
Effective - 28 Aug 2014
189.095. Hospitals which qualify for certain MO HealthNet funds are ineligible to receive certain payments — hospitals may elect to reject, when — MO HealthNet division to use funds which would have gone to hospital — division may issue rules and regulations. —
1. Hospitals eligible for payments pursuant to the provisions of sections 189.015 to 189.050, which also qualify as hospitals serving a disproportionate number of low income patients pursuant to subdivision (1) of section 208.152 and regulations issued thereunder, shall, because of such qualification, become ineligible to receive payments under sections 189.015 to 189.050 during the period of such qualification.
2. Moneys which, but for the provisions of this section, would have been paid to hospitals made ineligible by the provisions of this section shall be paid over to the MO HealthNet division of the department of social services and used, upon appropriation, by the MO HealthNet division for payments to hospitals.
3. Notwithstanding the provisions of this section, any hospital determined to be ineligible for payments pursuant to the provisions of sections 189.015 to 189.050, solely because of its qualification pursuant to subdivision (1) of section 208.152, may elect to reject such qualification by July fifteenth of any year and accept its eligibility pursuant to sections 189.015 to 189.050.
4. The MO HealthNet division of the department of social services may issue rules and regulations necessary to carry out the provisions of this section.
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(L. 1988 H.B. 1134 § 1, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 190 - Emergency Services › Section 190.001 - Citation.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 190
• Effective - 28 Aug 1998
190.001. Citation. —
Sections 190.001 to 190.245 shall be known and may be cited as the "Comprehensive Emergency Medical Services Systems Act".
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(L. 1998 S.B. 743)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 190 - Emergency Services › Section 190.010 - Territory of district may be noncontiguous — ambulance districts authorized except in counties of 400,000 or more population — district, how named.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 190
• Effective - 28 Aug 2005
190.010. Territory of district may be noncontiguous — ambulance districts authorized except in counties of 400,000 or more population — district, how named. —
1. An ambulance district may be created, incorporated and managed as provided in sections 190.001 to 190.090 and may exercise the powers herein granted or necessarily implied. The territory contained within the corporate limits of a proposed ambulance district shall not be required to be contiguous. Any territory which is noncontiguous within a proposed district must be located so that at least a portion of the territory lies within five miles of any other portion of the territory contained within the proposed ambulance district. Notwithstanding the provisions of subsection 2 of section 190.015, an ambulance district may include municipalities or territory not in municipalities or both or territory in one or more counties; except, that the provisions of sections 190.001 to 190.090 are not effective in counties having a population of more than four hundred thousand inhabitants at the time the ambulance district is formed. The territory contained within the corporate limits of an existing ambulance district shall not be incorporated in another ambulance district. Ambulance districts created and still operating before August 1, 1998, in counties of less than four hundred thousand population are authorized to continue operation subject to sections 190.001 to 190.090 if the population of the county within the ambulance district exceeds four hundred thousand after August 1, 1998.
2. When an ambulance district is organized it shall be a body corporate and a political subdivision of the state and shall be known as "______ Ambulance District", and in that name may sue and be sued, levy and collect taxes within the limitations of sections 190.001 to 190.090 and the constitution and issue bonds as provided in sections 190.001 to 190.090.
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(L. 1971 S.B. 108 § 1, A.L. 1998 S.B. 743, A.L. 2005 H.B. 58 merged with S.B. 210)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 190 - Emergency Services › Section 190.020 - Public hearing, notice — costs, how paid.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 190
• Effective - 15 Jun 1971, see footnote
190.020. Public hearing, notice — costs, how paid. —
1. Upon the filing of the petition with the county clerk, he shall present it to the commissioners of the county commission who shall thereupon set the petition for hearing within not less than thirty nor more than forty days after the filing.
2. Notice shall be given by the commissioner of the county commission of the time and place where the hearing will be held, by publication on three separate days in one or more newspapers having a general circulation within the territory proposed to be incorporated as an ambulance district, the first of which publications shall be not less than twenty days prior to the date set for the hearing and if there is no such newspaper, then notice shall be posted in ten of the most public places in the territory, not less than twenty days prior to the date set for the hearing. This notice shall include a description of the territory as set out in the petition, names of municipalities located therein and the name of the proposed district and the question of creating an ambulance district.
3. The costs of printing and publication or posting of notices of public hearing thereon shall be paid in advance by the petitioners, and, if a district is organized under the provisions of sections 190.005 to 190.085, they shall be reimbursed out of the funds received by the district from taxation or other sources.
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(L. 1971 S.B. 108 § 3)
Effective 6-15-71