reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.304 - Transfer of donor registry information, department of revenue to cooperate — registry requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2022, 2 histories
194.304. Transfer of donor registry information, department of revenue to cooperate — registry requirements. —
1. The department of revenue shall cooperate with any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift.
2. A first person consent organ and tissue donor registry shall:
(1) Allow a donor, potential donor, prospective donor, or other person authorized under section 194.220 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;
(2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor, potential donor, or prospective donor, whether the donor has made, amended, or revoked an anatomical gift; and
(3) Be accessible for purposes of subdivisions (1) and (2) of this subsection seven days a week on a twenty-four-hour basis.
3. Personally identifiable information on the donor registry about a donor, potential donor, or prospective donor may not be used or disclosed without the express consent of the donor or the person who made the anatomical gift for any purpose other than to determine, at or near death of the donor, whether the donor has made, amended, or revoked an anatomical gift.
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(L. 1995 H.B. 178 § 1 subsec. 6 & 7, A.L. 2008 S.B. 1139, A.L. 2022 H.B. 2331 merged with S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.307 - Effective date for sections 194.240, 194.297 through 194.304 and section 302.171.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
Effective - 28 Aug 1995
194.307. Effective date for sections 194.240, 194.297 through 194.304 and section 302.171. —
Sections 194.240, 194.297 to 194.304 and section 302.171 shall become effective January 1, 1996.
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(L. 1995 H.B. 178 § B)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.320 - Physical or mental disability, or congenital condition of recipient of anatomical gift — limitations on hospitals, physicians, and procurement organizations to determine ultimate recipient.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
Effective - 28 Aug 2020
194.320. Physical or mental disability, or congenital condition of recipient of anatomical gift — limitations on hospitals, physicians, and procurement organizations to determine ultimate recipient. —
1. No hospital, as defined in section 197.020, physician, procurement organization, as defined in section 194.210, or other person shall determine the ultimate recipient of an anatomical gift based upon a potential recipient's physical or mental disability or congenital condition, except to the extent that the physical or mental disability or congenital condition has been found by a physician, following a case-by-case evaluation of the potential recipient, to be medically significant to the provision of the anatomical gift. The provisions of this subsection shall apply to each part of the organ transplant process, including, but not limited to, the following:
(1) The referral from a primary care provider to a specialist;
(2) The referral from a specialist to a transplant center;
(3) The evaluation of the patient for the transplant by the transplant center; and
(4) The consideration of the patient for placement on an official waiting list.
2. A person with a physical or mental disability or congenital condition shall not be required to demonstrate postoperative independent living abilities in order to have access to a transplant if there is evidence that the person will have sufficient, compensatory support and assistance.
3. A court of competent jurisdiction shall accord priority on its calendar and handle expeditiously any action brought to seek any remedy authorized by law for purposes of enforcing compliance with the provisions of this section.
4. This section shall not be deemed to require referrals or recommendations for or the performance of medically inappropriate organ transplants.
5. As used in this section,
"disabilities"
shall have the same meaning as in the federal Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq.
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(L. 2020 S.B. 551)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.321 - Recipients and donors, COVID-19 vaccination status not to be considered, when, exception.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
Effective - 28 Aug 2022
194.321. Recipients and donors, COVID-19 vaccination status not to be considered, when, exception. —
1. For purposes of this section, the following terms mean:
(1)
"COVID-19 vaccination status"
, an indication of whether a person has received a vaccination against COVID-19;
(2)
"Hospital"
, the same meaning given to the term in section 197.020;
(3)
"Procurement organization"
, the same meaning given to the term in section 194.210.
2. Except if the organ being transplanted is a lung, no hospital, physician, procurement organization, or other person shall consider the COVID-19 vaccination status of a potential organ transplant recipient or potential organ donor in any part of the organ transplant process including, but not limited to:
(1) The referral of a patient to be considered for a transplant;
(2) The evaluation of a patient for a transplant;
(3) The consideration of a patient for placement on a waiting list;
(4) A patient's particular position on a waiting list; and
(5) The evaluation of a potential donor to determine his or her suitability as an organ donor.
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(L. 2022 H.B. 2331 merged with S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.350 - Disposition of cremated remains — if no directions are given, procedure, notice.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2013, 2 histories
194.350. Disposition of cremated remains — if no directions are given, procedure, notice. —
A licensed funeral establishment which cremates, or contracts for the cremation of, a dead human body, whether the cremation occurs before or after August 28, 1989, may dispose of the cremated remains by:
(1) Disposing the remains in accordance with the cremation contract, except if otherwise prohibited by law;
(2) Delivering the remains to or as directed by another licensed funeral establishment which contracted for the cremation;
(3) Delivering the remains to or as directed by the person who contracted for the cremation; or
(4) If not delivered pursuant to subdivision (2) or (3) of this section, by scattering, burying, or interring the unclaimed cremated remains in a scatter garden or pond, columbarium or other place formally dedicated for such purpose, by delivering the remains to any person listed in section 194.119, or releasing the remains to a veterans' service organization per the procedures set out in section 194.360, provided, at least ninety days prior to such action the funeral establishment shall send a written notice by mail, with confirmation of delivery, to the last known address of the person or establishment that contracted for the cremation stating that the remains will be scattered, interred, or delivered under this subdivision unless the notified establishment or person, or other person authorized by the notified establishment or person, claims and removes the remains prior to the end of such ninety-day period.
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(L. 1989 H.B. 195 § 1, A.L. 2010 H.B. 2231, A.L. 2013 S.B. 186)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.375 - Citation of law — definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2004
194.375. Citation of law — definitions. —
1. Sections 194.375 to 194.390 shall be known and may be cited as the "Disposition of Fetal Remains Act".
2. As used in sections 194.375 to 194.390, the following terms mean:
(1)
"Final disposition"
, the burial, cremation, or other disposition of the remains of a human fetus following a spontaneous fetal demise occurring after a gestation period of less than twenty completed weeks;
(2)
"Remains of a human fetus"
, the fetal remains or fetal products of conception of a mother after a miscarriage, regardless of the gestational age or whether the remains have been obtained by spontaneous or accidental means.
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(L. 2004 H.B. 1136)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.378 - Final disposition of fetal remains, mother has right to determine.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2004
194.378. Final disposition of fetal remains, mother has right to determine. —
In every instance of fetal death, the mother has the right to determine the final disposition of the remains of the fetus, regardless of the duration of the pregnancy. The mother may choose any means of final disposition authorized by law or by the director of the department of health and senior services.
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(L. 2004 H.B. 1136)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.381 - Means of disposition.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2004
194.381. Means of disposition. —
1. The final disposition of the remains of a human fetus may be by cremation, interment by burial, incineration in an approved medical waste incinerator, or other means authorized by the director of the department of health and senior services. The disposition shall be in accordance with state law or administrative rules providing for the disposition. If the remains are disposed of by incineration, the remains shall be incinerated separately from other medical waste.
2. No religious service or ceremony is required as part of the final disposition of the remains of a human fetus.
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(L. 2004 H.B. 1136)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.384 - Written standards required for protection of mother's right to determine final disposition.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2004
194.384. Written standards required for protection of mother's right to determine final disposition. —
Every hospital, outpatient birthing clinic, and any other health care facility licensed to operate in this state shall adopt written standards for the final disposition of the remains of a human fetus as provided in sections 194.375 to 194.390 for protection of a mother's right pursuant to section 194.378 and for notice as required in section 194.387.
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(L. 2004 H.B. 1136)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.387 - Miscarriage — mother's right to determine final disposition of remains — counseling made available, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2004
194.387. Miscarriage — mother's right to determine final disposition of remains — counseling made available, when. —
1. Within twenty-four hours after a miscarriage occurs spontaneously or accidentally at a hospital, outpatient birthing clinic, or any other health care facility, the facility shall disclose to the mother of the miscarried fetus, both orally and in writing, the mother's right to determine the final disposition of the remains of the fetus. The facility's disclosure shall include giving the mother a copy of the facility's written standards adopted pursuant to section 194.384.
2. The facility shall make counseling concerning the death of the fetus available to the mother. The facility may provide the counseling or refer the mother to another provider of appropriate counseling services.
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(L. 2004 H.B. 1136)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.390 - Right to legal abortion not affected.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2004
194.390. Right to legal abortion not affected. —
Nothing in sections 194.375 to 194.390 shall be construed to prohibit a woman's ability to obtain a legal abortion.
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(L. 2004 H.B. 1136)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.405 - Scope of law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1987
194.405. Scope of law. —
When an unmarked human burial or human skeletal remains are encountered during archaeological excavation, construction, or other ground disturbing activities, whether found on or in any private lands or waters or on or in any lands or waters owned by the state of Missouri or its political subdivisions, agencies or instrumentalities, the provisions of sections 194.400 to 194.410 shall apply.
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(L. 1987 S.B. 24 § 2)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.406 - Unmarked human burials, knowledge or discovery — notice to local law enforcement officer or state historic preservation officer — jurisdiction, how determined.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1987
194.406. Unmarked human burials, knowledge or discovery — notice to local law enforcement officer or state historic preservation officer — jurisdiction, how determined. —
1. Any person knowing or with reason to know that an unmarked human burial or human skeletal remains are being disturbed, destroyed, defaced, mutilated, removed, or excavated, or exposed shall immediately notify either the state historic preservation officer or the local law enforcement officer with jurisdiction for the area in which the burial or remains are encountered.
2. When an unmarked human burial or human skeletal remains are encountered as a result of construction or agricultural earth disturbing activities or by a professional archaeologist in the course of an investigation all such activities shall cease immediately within a radius of fifty feet of the point of discovery. Such activity shall not resume without specific authorization from either the state historic preservation officer or the local law enforcement officer, whichever party has jurisdiction over and responsibility for such remains. Said parties shall act promptly and make a decision within a reasonable time. Jurisdiction will be determined as follows:
(1) If upon investigation, the local law enforcement officer determines that the human skeletal remains may be involved in a legal investigation, that officer will immediately assume all jurisdiction over and responsibility for such remains;
(2) If upon investigation, the local enforcement officer determines that the remains are not involved in a legal investigation, the state historic preservation officer or his duly designated representative shall assume responsibility for such remains.
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(L. 1987 S.B. 24 § 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.407 - State historic preservation officer, jurisdiction of unmarked human burials, duties — general archaeological investigation, when — professional archaeologist, advise state historic preservation officer, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1987
194.407. State historic preservation officer, jurisdiction of unmarked human burials, duties — general archaeological investigation, when — professional archaeologist, advise state historic preservation officer, when. —
1. In cases where an unmarked human burial or human skeletal remains are discovered as a result of construction or agricultural earth disturbing activities and where the state historic preservation officer has been determined to have jurisdiction, the state historic preservation officer shall determine whether removal of the human skeletal remains is necessary and appropriate for the purpose of scientific analysis. A general archaeological investigation of the site shall be conducted by a professional archaeologist and the professional archaeologist shall advise the state historic preservation officer of the physical location and the cultural and biological characteristics of the unmarked human burial or human skeletal remains within thirty days after the state historic preservation officer assumed jurisdiction over the burial or remains.
2. In cases where an unmarked human burial or skeletal remains are discovered by a professional archaeologist in the course of an investigation, and where the state historic preservation officer has been determined to have jurisdiction, the professional archaeologist shall advise the state historic preservation officer of the physical location and the cultural and biological characteristics of the unmarked human burial or human skeletal remains within thirty days after the state historic officer assumed jurisdiction.
3. Notwithstanding anything to the contrary herein contained no construction shall be suspended or delayed more than thirty days.
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(L. 1987 S.B. 24 § 4)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.408 - State historic preservation officer, reinterment, duties — consultation with advisory council on historic preservation, when — conformity with federal law.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 2018, 2 histories
194.408. State historic preservation officer, reinterment, duties — consultation with advisory council on historic preservation, when — conformity with federal law. —
1. Whenever an unmarked human burial or human skeletal remains are reported to the state historic preservation officer, the state historic preservation officer shall proceed as follows:
(1) Insofar as possible, the state historic preservation officer shall make reasonable efforts to identify and locate persons who can establish direct kinship with or descent from the individual whose remains constitute the burial. The state historic preservation officer, in consultation with the most closely related family member, shall determine the proper disposition of the remains;
(2) When no direct kin or descendants can be identified or located, but the burial or remains can be shown to have ethnic affinity with living peoples, the state historic preservation officer in consultation with the leaders of the ethnic groups having a relation to the burial or remains shall determine the proper disposition of the remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment be delayed more than one year;
(3) When the burial or remains cannot be related to any living peoples, the state historic preservation officer, in consultation with the Missouri advisory council on historic preservation, shall determine the proper disposition of the burial or remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment be delayed more than one year unless otherwise and to the extent determined by the council;
(4) Notwithstanding subdivisions (2) and (3) of this section the state historical preservation officer may seek approval from the council to delay reinterment of the remains for an additional scientific study in a facility chosen by the state historic preservation officer. If the study is approved by the council reinterment shall be delayed for a period as specified by the council.
2. All actions and decisions of the state historic preservation officer and the council shall be in conformity with the provisions of the federal National Historic Preservation Act of 1966, as amended, and the federal Native American Graves Protection and Repatriation Act (NAGPRA).
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(L. 1987 S.B. 24 § 5, A.L. 2018 S.B. 843)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.410 - Human burial sites — knowingly disturb, penalty — appropriation for sale, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 01 Jan 2017, 2 histories, see footnote
194.410. Human burial sites — knowingly disturb, penalty — appropriation for sale, penalty. —
1. Any person, corporation, partnership, proprietorship, or organization who knowingly disturbs, destroys, vandalizes, or damages a marked or unmarked human burial site commits a class E felony.
2. Any person who knowingly appropriates for profit, uses for profit, sells, purchases or transports for sale or profit any human remains without the right of possession to those remains as provided in sections 194.400 to 194.410 commits a class A misdemeanor and, in the case of a second or subsequent violation, commits a class E felony.
3. Any person who knowingly appropriates for profit, uses for profit, sells, purchases or transports for sale or profit any cultural items obtained in violation of sections 194.400 to 194.410 commits a class A misdemeanor and, in the case of a second or subsequent violation, commits a class E felony.
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(L. 1987 S.B. 24 § 7, A.L. 1990 H.B. 1079, A.L. 1996 S.B. 834, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.425 - Abandonment of a corpse without notifying authorities, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 01 Jan 2017, 2 histories, see footnote
194.425. Abandonment of a corpse without notifying authorities, penalty. —
1. A person commits the crime of abandonment of a corpse if that person abandons, disposes, deserts or leaves a corpse without properly reporting the location of the body to the proper law enforcement officials in that county.
2. Abandonment of a corpse is a class E felony.
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(L. 1995 H.B. 160 § 578.157, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.500 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1999
194.500. Definitions. —
As used in sections 194.500 to 194.512, the following terms mean:
(1)
"Funeral director"
, a person licensed as a funeral director pursuant to the provisions of chapter 333;
(2)
"Funeral lead vehicle"
or
"lead vehicle"
, any motor vehicle equipped with at least one lighted circulating lamp exhibiting an amber or purple light or lens or alternating flashing headlamps visible under normal atmospheric conditions for a distance of five hundred feet from the front of the vehicle. A hearse or coach properly equipped may be a lead vehicle;
(3)
"Organized funeral procession"
, two or more vehicles accompanying the remains of a deceased person from a funeral establishment, church, synagogue or other place where a funeral service has taken place to a cemetery, crematory or other place of final disposition, or a funeral establishment, church, synagogue or other place where additional funeral services will be performed, if directed by a licensed funeral director from a licensed establishment.
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(L. 1999 S.B. 270)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.503 - Right-of-way — use of lead vehicles — emergency vehicles with right-of-way, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1999
194.503. Right-of-way — use of lead vehicles — emergency vehicles with right-of-way, when. —
1. Except as otherwise provided for in this subsection, pedestrians and operators of all other vehicles shall yield the right-of-way to any vehicle which is a part of an organized funeral procession.
2. Notwithstanding any traffic control device or right-of-way provision prescribed by state or local law, when the funeral lead vehicle in an organized funeral procession lawfully enters an intersection, all vehicles in the procession shall follow the lead vehicle through the intersection. The operator of each vehicle in the procession shall exercise the highest degree of care toward any other vehicle or pedestrian on the roadway.
3. An organized funeral procession shall have the right-of-way at all intersections regardless of any traffic control device at such intersections, except that operators of vehicles in an organized funeral procession shall yield the right-of-way to any approaching emergency vehicle pursuant to the provisions of section 304.022 or when directed to do so by a law enforcement officer.
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(L. 1999 S.B. 270)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.506 - Following distance — flashing emergency lights used, when — toll-free passage, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1999
194.506. Following distance — flashing emergency lights used, when — toll-free passage, when. —
1. All vehicles in an organized funeral procession shall follow the preceding vehicle in the procession as closely as is practical and safe under the conditions.
2. No person shall operate any vehicle as part of an organized funeral procession without the flashing emergency lights of such vehicle being lighted.
3. Toll-free passage shall be given on all toll bridges, tunnels and other toll highways to all vehicles in an organized funeral procession.
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(L. 1999 S.B. 270)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.509 - Regulations for nonparticipating vehicle operators — violations, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1999
194.509. Regulations for nonparticipating vehicle operators — violations, penalty. —
1. Any person who is not an operator of a vehicle in an organized funeral procession shall not:
(1) Drive between the vehicles comprising an organized funeral procession while such vehicles are in motion and have the flashing emergency lights lighted pursuant to subsection 2 of section 194.506, except when required to do so by a law enforcement officer or when such person is operating an emergency vehicle giving an audible or visual signal;
(2) Join a funeral procession for the purpose of securing the right-of-way granted in section 194.506; or
(3) Attempt to pass any vehicle in an organized funeral procession, except where a passing lane has been specifically provided.
2. When an organized funeral procession is proceeding through a red signal light as permitted in section 194.503, a vehicle not in the organized funeral procession shall not enter the intersection unless such vehicle may do so without crossing the path of the funeral procession.
3. Any person violating the provisions of this section is guilty of an infraction which shall be punishable by a fine not to exceed one hundred dollars.
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(L. 1999 S.B. 270)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 194 - Death — Disposition of Dead Bodies › Section 194.512 - Use of amber lights for motorcycles — ordinances permitted.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 194
• Effective - 28 Aug 1999
194.512. Use of amber lights for motorcycles — ordinances permitted. —
1. No ordinance, regulation or any other provision of law shall prohibit the use of a motorcycle utilizing flashing amber lights to escort an organized funeral procession on the highway.
2. Any city, town, village or county may adopt an ordinance substantially similar to the provisions of sections 194.500 to 194.512.
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(L. 1999 S.B. 270)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.003 - Violations of chapter, defendant to pay costs of testing when found guilty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
Effective - 28 Aug 2003
195.003. Violations of chapter, defendant to pay costs of testing when found guilty. —
In any case where there is a violation of this chapter, a judge may, upon a finding of guilt
*
, order a defendant to pay for costs for testing of the substance or substances at a private laboratory.
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(L. 2003 H.B. 470 § 1 merged with S.B. 39 § 1)
*Word "guilty" appears in original rolls of S.B. 39, 2003.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.005 - Comprehensive drug control act.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 01 Jan 2017, 2 histories, see footnote
195.005. Comprehensive drug control act. —
This chapter and chapter 579 shall be known as the "Comprehensive Drug Control Act".
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(L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.016 - Nomenclature.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 01 Jan 2017, 2 histories, see footnote
195.016. Nomenclature. —
The controlled substances listed or to be listed in the schedules in section 195.017 are included by whatever official, common, usual, chemical, or trade name designated.
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(L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.022 - Chemical substances structurally similar to Schedule I controlled substances to be treated as Schedule I controlled substance.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 28 Aug 2011
195.022. Chemical substances structurally similar to Schedule I controlled substances to be treated as Schedule I controlled substance. —
Any analogue or homologue of a schedule I controlled substance shall be treated, for the purposes of any state law, as a controlled substance in schedule I.
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(L. 1997 H.B. 635, A.L. 2011 H.B. 641)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.041 - Emergencies, waiver of registration and record-keeping requirements for controlled substances, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 28 Aug 2002
195.041. Emergencies, waiver of registration and record-keeping requirements for controlled substances, when. —
In the event of an emergency as defined in section 44.010, the department of health and senior services may waive the registration and record-keeping requirements set forth in sections 195.010 to 195.100 and their attendant regulations if the department determines such a waiver would be in the best interest of the public health.
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(L. 2002 S.B. 712)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.042 - Confidentiality of all complaints, investigatory reports and information, exceptions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 28 Aug 1994
195.042. Confidentiality of all complaints, investigatory reports and information, exceptions. —
All complaints, investigatory reports, and information pertaining to any applicant, registrant or individual are confidential and shall only be disclosed upon written consent of the person whose records are involved or to other administrative or law enforcement agencies acting within the scope of their statutory authority. However, no applicant, registrant or individual shall have access to any complaints, investigatory reports or information concerning an investigation in progress until such time as the investigation has been completed. Information regarding identity, including names and addresses, registration, final disciplinary action taken and currency of the registration of the persons possessing registrations to conduct activities involving controlled substances and the names and addresses of the applicants shall not be confidential. This section shall not be construed to authorize the release of records, reports or other information which may be held in department files for any registrant or applicant which are subject to other specific state or federal laws concerning their disclosure.
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(L. 1994 S.B. 594)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.045 - Civil immunity for persons required to report to the department of health and senior services.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 28 Aug 1997
195.045. Civil immunity for persons required to report to the department of health and senior services. —
Any person, organization, association or corporation who reports or provides information to the department of health and senior services pursuant to the provisions of this chapter and who does so in good faith shall not be subject to an action for civil damages as a result thereof.
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(L. 1997 H.B. 635)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.100 - Labeling requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 28 Aug 2023, 5 histories
195.100. Labeling requirements. —
1. It shall be unlawful to distribute any controlled substance in a commercial container unless such container bears a label containing an identifying symbol for such substance in accordance with federal laws.
2. It shall be unlawful for any manufacturer of any controlled substance to distribute such substance unless the labeling thereof conforms to the requirements of federal law and contains the identifying symbol required in subsection 1 of this section.
3. The label of a controlled substance in Schedule II, III or IV shall, when dispensed to or for a patient, contain a clear, concise warning that it is a criminal offense to transfer such narcotic or dangerous drug to any person other than the patient.
4. Whenever a manufacturer sells or dispenses a controlled substance and whenever a wholesaler sells or dispenses a controlled substance in a package prepared by him or her, the manufacturer or wholesaler shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of controlled substance contained therein. No person except a pharmacist for the purpose of filling a prescription under this chapter, shall alter, deface, or remove any label so affixed.
5. Whenever a pharmacist or practitioner sells or dispenses any controlled substance on a prescription issued by a physician, physician assistant, dentist, podiatrist, veterinarian, or advanced practice registered nurse, the pharmacist or practitioner shall affix to the container in which such drug is sold or dispensed a label showing his or her own name and address of the pharmacy or practitioner for whom he or she is lawfully acting; the name of the patient or, if the patient is an animal, the name of the owner of the animal and the species of the animal; the name of the physician, physician assistant, dentist, podiatrist, advanced practice registered nurse, or veterinarian by whom the prescription was written; and such directions as may be stated on the prescription. No person shall alter, deface, or remove any label so affixed.
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(RSMo 1939 § 9841, A.L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2008 S.B. 724, A.L. 2009 S.B. 296, A.L. 2014 S.B. 491, A.L. 2019 S.B. 514, A.L. 2023 H.B. 402 merged with S.B. 70 merged with S.B. 157)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.146 - Forfeiture of controlled substances and CAFA applicable to children — arrest to include taking a child into custody.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 28 Aug 1993
195.146. Forfeiture of controlled substances and CAFA applicable to children — arrest to include taking a child into custody. —
1. Section 195.140 shall be applicable to property owned by, or in the possession of, children.
2. The procedures for the forfeiture of property under sections 513.600 and 513.645 shall be applicable to children.
3. The term
"arrest"
, for purposes of this chapter, shall include the taking of a child into custody.
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(L. 1993 H.B. 562)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.150 - Procedure upon conviction for violation.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 01 Jan 2017, 2 histories, see footnote
195.150. Procedure upon conviction for violation. —
On the conviction of any person of the violation of any provision of this chapter or chapter 579, a copy of the judgment and sentence, and of the opinion of the court or associate circuit judge, if any opinion be filed, shall be sent by the clerk of the court, or by the associate circuit judge, to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice his or her profession or to carry on his or her business. On the conviction of any such person, the court may, in its discretion, suspend or revoke the license or registration of the convicted defendant to practice his or her profession or to carry on his business. On the application of any person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, said board or officer may reinstate such license or registration.
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(RSMo 1939 § 9846, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.190 - Enforcement by whom.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 01 Jan 2017, 2 histories, see footnote
195.190. Enforcement by whom. —
It is hereby made the duty of the department of health and senior services, its officers, agents, inspectors, and representatives, and all peace officers within the state, and all county attorneys, to enforce all provisions of this chapter and chapter 579, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic and controlled substances.
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(RSMo 1939 § 9850, A.L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.195 - Regulations, authority to promulgate, where vested.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 01 Jan 2017, 2 histories, see footnote
195.195. Regulations, authority to promulgate, where vested. —
The authority to promulgate regulations for the efficient enforcement of this chapter and chapter 579 is hereby vested in the director of the department of health and senior services subject to the provisions of subsection 1 of section 195.030 and chapter 536. The director of the department of health and senior services is hereby authorized to make regulations promulgated under this chapter conform with those promulgated under the federal Comprehensive Drug Abuse Prevention and Control Act of 1970.
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(L. 1957 p. 679 § 195.250, A.L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 1993 S.B. 52, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.197 - Department of health and senior services, duties of.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 28 Aug 1998
195.197. Department of health and senior services, duties of. —
The department of health and senior services shall cooperate with federal and other state agencies including the board of pharmacy in discharging its responsibilities concerning traffic in controlled substances, narcotic or dangerous drugs and in suppressing the abuse of controlled substances. To this end, it is authorized to:
(1) Arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances;
(2) Coordinate and cooperate in training programs on controlled substance law enforcement at the local and state levels;
(3) Provide information to distributors and retailers to help prevent the distribution or diversion of products or substances used in the illicit manufacture of controlled substances.
­­--------
(L. 1971 H.B. 69, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al.)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.198 - Educational and research programs authorized — report, contents on effect of drugs, publication.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 01 Jan 2017, 2 histories, see footnote
195.198. Educational and research programs authorized — report, contents on effect of drugs, publication. —
1. The director of the department of health and senior services shall carry out educational programs designed to prevent and deter misuse and abuse of controlled dangerous substances. In connection with such programs he or she may:
(1) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
(2) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;
(3) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.
2. The director of the department of health and senior services shall encourage research on misuse and abuse of controlled substances. In connection with such research and in furtherance of the enforcement of this chapter and chapter 579, he or she may:
(1) Establish methods to assess accurately the effects of controlled substances including but not limited to gathering, analyzing, and publishing a report using existing data regarding poisoning episodes, arrests relating to controlled substance violations, crime laboratory determinations, department of health and senior services investigations and audits, information available from the federal Drug Enforcement Administration and Food and Drug Administration, and to identify and characterize substances with potential for abuse;
(2) Make studies and undertake programs of research to develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this chapter and chapter 579.
3. The director of the department of health and senior services may enter into contracts for educational and research activities.
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(L. 1971 H.B. 69, A.L. 1987 H.B. 51 & 49, A.L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.244 - Advertisements to promote sale of drug paraphernalia or imitation controlled substances prohibited, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 28 Aug 1989
195.244. Advertisements to promote sale of drug paraphernalia or imitation controlled substances prohibited, penalty. —
1. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
2. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, or to post or distribute in any public place, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances.
3. Any person who violates this section is guilty of a class B misdemeanor.
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(L. 1989 S.B. 215 & 58)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 195 - Drug Regulations › Section 195.253 - Public nuisances — defendants in suits to enjoin.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 195
• Effective - 28 Aug 1989
195.253. Public nuisances — defendants in suits to enjoin. —
1. Any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place, which is resorted to for the purpose of possessing, keeping, transporting, distributing or manufacturing controlled substances shall be deemed a public nuisance.
2. The attorney general, circuit attorney or prosecuting attorney may, in addition to any criminal prosecutions, prosecute a suit in equity to enjoin the public nuisance. If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used for the illegal use, keeping or selling of controlled substances, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one year.
3. All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance.
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(L. 1989 S.B. 215 & 58)