reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.185 - Surgical smoke plume evacuation system — definitions — requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2023
197.185. Surgical smoke plume evacuation system — definitions — requirements. —
1. For purposes of this section, the following terms mean:
(1)
"Ambulatory surgical center"
, the same meaning given to the term in section 197.200;
(2)
"Hospital"
, the same meaning given to the term in section 197.020;
(3)
"Surgical smoke"
, the smoke that is generated from the use of a surgical device, including, but not limited to, surgical plume, smoke plume, bioaerosols, laser-generated airborne contaminants, and lung-damaging dust;
(4)
"Surgical smoke plume evacuation system"
, equipment designed to capture, filter, and eliminate surgical smoke at the point of origin and before the surgical smoke makes contact with the eyes or contact with the respiratory tract of patients and staff occupying the room where a procedure that produces surgical smoke plume is being performed.
2. On or before January 1, 2026, each hospital and ambulatory surgical center accredited by the Joint Commission that performs procedures that produce surgical smoke plume shall adopt and implement policies and procedures required by the Joint Commission to ensure the evacuation of surgical smoke plume by use of a surgical smoke plume evacuation system for each procedure that generates surgical smoke plume from the use of energy-based devices, including, but not limited to, electrosurgery and lasers.
3. Any procedure that generates surgical smoke plume from the use of energy-based devices that is performed after December 31, 2025, in any hospital or ambulatory surgical center accredited by the Joint Commission shall be subject to the policies and procedures adopted under subsection 2 of this section.
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(L. 2023 H.B. 402)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.200 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
197.200. Definitions. —
As used in sections 197.200 to 197.240, unless the context clearly indicates otherwise, the following terms mean:
(1)
"Abortion facility"
, as such term is defined in section 188.015;
(2)
"Ambulatory surgical center"
, any public or private establishment operated primarily for the purpose of performing surgical procedures or primarily for the purpose of performing childbirths, and which does not provide services or other accommodations for patients to stay more than twenty-three hours within the establishment, provided, however, that nothing in this definition shall be construed to include the offices of dentists currently licensed pursuant to chapter 332;
(3)
"Dentist"
, any person currently licensed to practice dentistry pursuant to chapter 332;
(4)
"Department"
, the department of health and senior services;
(5)
"Governmental unit"
, any city, county or other political subdivision of this state, or any department, division, board or other agency of any political subdivision of this state;
(6)
"Person"
, any individual, firm, partnership, corporation, company, or association and the legal successors thereof;
(7)
"Physician"
, any person currently licensed to practice medicine pursuant to chapter 334;
(8)
"Podiatrist"
, any person currently licensed to practice podiatry pursuant to chapter 330.
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(L. 1975 S.B. 1 § 1, A.L. 1986 H.B. 1162, A.L. 1991 H.B. 444, A.L. 2007 H.B. 1055, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
(2016) Surgical center requirement 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, Case No. 15-274, 579 U.S. 582 (2016), (U.S.Sup.Ct.).
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.205 - License required to operate.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
197.205. License required to operate. —
1. No person or governmental unit acting severally or jointly with any other person or governmental unit shall establish, conduct or maintain an ambulatory surgical center or abortion facility in this state without a license under sections 197.200 to 197.240 issued by the department of health and senior services.
2. Nothing in sections 197.200 to 197.240 shall be construed to impair or abridge the authority of a governmental unit to license ambulatory surgical centers or abortion facilities, provided that any ordinance of a governmental unit shall require compliance with all rules, regulations, and standards adopted by the department to implement the provisions of sections 197.200 to 197.240.
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(L. 1975 S.B. 1 § 2, A.L. 1986 H.B. 1162, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.210 - Application, form of — fee, exception.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1982
197.210. Application, form of — fee, exception. —
1. Application for a license shall be made to the department upon forms provided by the department and shall contain such information as the department may require. The department of health and senior services may require affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under the provisions of sections 197.200 to 197.240.
2. Each application for a license, except applications from governmental units, shall be accompanied by an annual license fee of two hundred dollars. All license fees shall be deposited in the state treasury to the credit of general revenue.
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(L. 1975 S.B. 1 § 3, A.L. 1982 S.B. 575)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.215 - License to issue, when — transfer or assignment of license, when — display required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
197.215. License to issue, when — transfer or assignment of license, when — display required. —
1. Upon receipt of an application for a license, the department of health and senior services shall issue a license if the applicant and ambulatory surgical center facilities or abortion facilities meet the requirements established under sections 197.200 to 197.240, and have provided affirmative evidence that:
(1) Each member of the surgical staff is a physician, dentist or podiatrist currently licensed to practice in Missouri, and each person authorized to perform or induce abortions is a physician currently licensed to practice in Missouri;
(2) Surgical procedures in ambulatory surgical centers shall be performed only by physicians, dentists or podiatrists, who at the time are privileged to perform surgical procedures in at least one licensed hospital in the community in which the ambulatory surgical center is located, thus providing assurance to the public that patients treated in the center shall receive continuity of care should the services of a hospital be required; alternatively, applicant shall submit a copy of a current working agreement with at least one licensed hospital in the community in which the ambulatory surgical center is located, guaranteeing the transfer and admittance of patients for emergency treatment whenever necessary;
(3) Continuous physician services or registered professional nursing services are provided whenever a patient is in the facility;
(4) Adequate medical records for each patient are to be maintained.
2. Upon receipt of an application for a license, or the renewal thereof, the department shall issue or renew the license if the applicant and program meet the requirements established under sections 197.200 to 197.240. Each license shall be issued only for the persons and premises named in the application. A license, unless sooner suspended or revoked, shall be issued for a period of one year.
3. Each license shall be issued only for the premises and persons or governmental units named in the application, and shall not be transferable or assignable except with the written consent of the department. Licenses shall be posted in a conspicuous place on the licensed premises.
4. If, during the period in which an ambulatory surgical center license or an abortion facility license is in effect, the license holder or operator legally transfers operational responsibilities by any process to another person as defined in section 197.200, an application shall be made for the issuance of a new license to become effective on the transfer date.
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(L. 1975 S.B. 1 § 4, A.L. 1986 H.B. 1162, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.220 - Denial, suspension or revocation of license.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
197.220. Denial, suspension or revocation of license. —
The department of health and senior services may deny, suspend or revoke a license in any case in which the department finds that there has been a substantial failure to comply with the requirements of sections 197.200 to 197.240, or in any case in which the director of the department makes a finding that:
(1) The applicant, or if the applicant is a firm, partnership or association, any of its members, or if a corporation, any of its officers or directors, or the person designated to manage or supervise the facility, has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions, or duties of an ambulatory surgical center or of an abortion facility, or for any offense an essential element of which is fraud, dishonesty, or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed;
(2) The licensure status or record of the applicant, or if the applicant is a firm, partnership or association, of any of its members, or if a corporation, of any of its officers or directors, or of the person designated to manage or supervise the facility, from any other state, federal district or land, territory or commonwealth of the United States, or of any foreign country where the applicant has done business in a similar capacity indicates that granting a license to the applicant would be detrimental to the interests of the public.
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(L. 1975 S.B. 1 § 5, A.L. 1978 S.B. 661, A.L. 1986 H.B. 1162, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.221 - Review of license denial or revocation by administrative hearing commission.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1993
197.221. Review of license denial or revocation by administrative hearing commission. —
Any person aggrieved by an official action of the department of health and senior services affecting the licensed status of a person under the provisions of sections 197.200 to 197.240, including the refusal to grant, the grant, the revocation, the suspension, or the failure to renew a license, may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section 621.045 and it shall not be a condition to such determination that the person aggrieved seek a reconsideration, a rehearing, or exhaust any other procedure within the department of health and senior services.
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(L. 1978 S.B. 661, A.L. 1986 H.B. 1162, A.L. 1993 S.B. 52)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.225 - Department of health and senior services may promulgate regulations — abortion facilities to maintain written protocols for medical emergencies and transfer of patients.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
197.225. Department of health and senior services may promulgate regulations — abortion facilities to maintain written protocols for medical emergencies and transfer of patients. —
1. The department of health and senior services may adopt such reasonable rules, regulations, and standards for the types of services provided as are necessary to carry out the provisions of sections 197.200 to 197.240, and to assure quality patient care and patient safety, which shall include, but not be limited to:
(1) Construction of the facility including, but not limited to, plumbing, heating, lighting, and ventilation which should insure the health, safety, comfort, and privacy of patients and protection from fire hazard;
(2) Number, qualifications, and organization of all personnel, having responsibility for any part of the care provided to the patients;
(3) Equipment essential to the health, welfare, and safety of the patients;
(4) Facilities, programs, and services to be provided in connection with the care of patients in ambulatory surgical centers; and
(5) Procedures for peer review and for receiving and investigating complaints regarding any ambulatory surgical center or any physician, dentist, podiatrist, nurse, assistant, manager, supervisor, or employee practicing or working in any such facility.
2. The department of health and senior services may adopt separate rules, regulations, or standards to apply to ambulatory surgical centers and to apply to abortion facilities.
3. Abortion facilities shall be required to maintain a written protocol for managing medical emergencies and the transfer of patients requiring further emergency care to a hospital within a reasonable distance from the abortion facility.
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(L. 1975 S.B. 1 § 6, A.L. 1986 H.B. 1162, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.230 - Department may inspect and investigate — delegation of such authority authorized, when — abortion facilities, unannounced on-site inspections — public reports.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
197.230. Department may inspect and investigate — delegation of such authority authorized, when — abortion facilities, unannounced on-site inspections — public reports. —
1. The department of health and senior services shall make, or cause to be made, such inspections and investigations as it deems necessary. The department may delegate its powers and duties to investigate and inspect ambulatory surgical centers or abortion facilities to an official of a political subdivision having a population of at least four hundred fifty thousand if such political subdivision is deemed qualified by the department to inspect and investigate ambulatory surgical centers. The official so designated shall submit a written report of his or her findings to the department and the department may accept the recommendations of such official if it determines that the facility inspected meets minimum standards established pursuant to sections 197.200 to 197.240.
2. In the case of any abortion facility, the department shall make or cause to be made an unannounced on-site inspection and investigation at least annually. Such on-site inspection and investigation shall include, but not be limited to, the following areas:
(1) Compliance with all statutory and regulatory requirements for an abortion facility, including requirements that the facility maintain adequate staffing and equipment to respond to medical emergencies;
(2) Compliance with the provisions of chapter 188; and
(3) Compliance with the requirement in section 197.215 that continuous physician services or registered professional nursing services be provided whenever a patient is in the facility.
3. Inspection, investigation, and quality assurance reports shall be made available to the public. Any portion of a report may be redacted when made publicly available if such portion would disclose information that is not subject to disclosure under the law.
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(L. 1975 S.B. 1 § 7, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.235 - Failure to have license a misdemeanor — attorney general to represent department, institute actions — advertising, cannot imply state operation, fine.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
197.235. Failure to have license a misdemeanor — attorney general to represent department, institute actions — advertising, cannot imply state operation, fine. —
1. Any person operating, conducting, managing, or establishing an ambulatory surgical center or abortion facility without a license required by sections 197.200 to 197.240 is guilty of a class A misdemeanor and, upon conviction, shall be subject to a fine of not more than five hundred dollars. Each day of continuing violation shall constitute a separate offense.
2. The attorney general shall represent the department of health and senior services and shall institute an action in the name of the state for injunctive or other relief against any person or governmental unit to restrain or prevent the establishment, conduct, management, or operation of an ambulatory surgical center or abortion facility without a license issued pursuant to the provisions of sections 197.200 to 197.240.
3. Any person operating, conducting, managing, or establishing an ambulatory surgical center or abortion facility who, in the course of advertising, promoting, or otherwise publicizing the activities, business, location, or any other matter concerning the operations of said ambulatory surgical center or abortion facility, uses or employs in any manner the words "State, Missouri, State of Missouri, Department of Health and Senior Services, the initials 'Mo.'," or any emblem of the state of Missouri or the department of health and senior services, for the purpose of conveying or in any manner reasonably calculated to convey the false impression that the state of Missouri or any department, agency, bureau, or instrumentality thereof is involved in the business of said ambulatory surgical center or abortion facility, or took part in said advertisement, promotion, publicity, or other statement, shall be subject to a fine of one hundred dollars per day for each day during the period beginning with the day said advertisement, promotion, publication, or statement first appears and ending on the day on which it is withdrawn.
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(L. 1975 S.B. 1 § 8, A.L. 1986 H.B. 1162, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.240 - Accident and health insurers to cover care in an ambulatory surgical center or abortion facility, exceptions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
197.240. Accident and health insurers to cover care in an ambulatory surgical center or abortion facility, exceptions. —
After September 28, 1975, no individual or group health insurance policy of insurance providing coverage on an expense incurred basis, nor individual or group service or indemnity type contract issued by a nonprofit corporation, nor any self-insured group health benefit plan or trust, of any kind or description, shall be issued or payment accepted therefor in renewal or continuation thereof unless coverage for any service performed in an ambulatory surgical center or abortion facility is provided for therein if such service would have been covered under the terms of the policy or contract as an eligible inpatient service, except as provided in section 376.805. Nothing in this section shall apply to a group contract, plan or trust which provides health care and surgical care directly to its members and their dependents. Nothing in this section shall be construed to mandate coverage under an individual or group health insurance policy of insurance providing coverage on an expense-incurred basis, or an individual or group service or indemnity type contract issued by a nonprofit corporation, or any self-insured group health benefit plan or trust, of any kind or description, to provide health insurance for services which are usually performed in a physician's office.
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(L. 1975 S.B. 1 § 9, A.L. 1986 H.B. 1162, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.250 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1992
197.250. Definitions. —
As used in sections 197.250 to 197.280, the following terms mean:
(1)
"Abuse"
, any physical, emotional, or sexual maltreatment;
(2)
"Branch office"
, a location or site from which a hospice provides services within a portion of the total geographic area served by the parent agency where the area served is contiguous to or part of the area served by the whole agency;
(3)
"Council"
, the state hospice advisory council created in section 197.272;
(4)
"Department"
, the department of health and senior services;
(5)
"Hospice"
, a coordinated program of palliative and supportive services provided in both home and inpatient settings which provides for physical, psychological, social and spiritual care for dying persons and their families where services are provided by a medically directed interdisciplinary team of professionals and volunteers and bereavement care is available to the family following the death of the person;
(6)
"Neglect"
, the failure to provide, or arrange for the provisions of, the services which are reasonable and necessary to maintain the physical and mental health of a client when such failure presents either an imminent danger to the health, safety or welfare of the client or a substantial probability that death or serious physical harm would result. Such failure shall not constitute neglect if the failure results from circumstances which:
(a) Are beyond the control of the person or entity failing to provide such services; and
(b) Render it impossible for the person or entity to provide such services and to arrange for the provision of such services;
(7)
"Parent agency"
, the agency that develops and maintains administrative control of subunits and branch offices, and also maintains supervisory control of branch offices;
(8)
"Physician"
, a person licensed by the state board of registration for the healing arts under the provisions of chapter 334 to practice in this state as a physician and surgeon;
(9)
"Residence"
, the client's actual dwelling place, including institutional dwelling places.
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(L. 1992 H.B. 899 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.252 - Certificate required — standards.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1992
197.252. Certificate required — standards. —
1. No person or other entity shall provide hospice care, or hold himself out as a hospice, unless such person has a certificate pursuant to sections 197.250 to 197.280.
2. All skilled care provided by a hospice shall be provided in accordance with professionally accepted standards.
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(L. 1992 H.B. 899 § 2)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.254 - Application for certificate — fee, how determined — temporary permit — survey and approval — posting of certificate — branch offices.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1996
197.254. Application for certificate — fee, how determined — temporary permit — survey and approval — posting of certificate — branch offices. —
1. Any person or other entity desiring to provide hospice care shall file, with the department of health and senior services, a written application for a certificate on a form to be prescribed by the director of the department. Such application shall be accompanied by a fee to be determined by the department of health and senior services with input from the hospice advisory council. The fee will be based on a sliding scale with a minimum of two hundred fifty dollars, maximum seven hundred fifty dollars. Any person or entity which exacts no charge shall be exempt from the provisions of sections 197.250 to 197.280.
2. The department may issue a temporary operating permit to any hospice which has filed an application, pending the approval of such application. Any temporary operating permit or certificate issued pursuant to sections 197.250 to 197.280 shall be issued only for the person or entity listed on the application.
3. Upon the receipt of the application and the fee, if one is required, the department shall conduct a survey to evaluate the quality of services rendered by an applicant for certification. The department shall approve the application of and issue a certificate to any applicant which is in compliance with all the provisions of sections 197.250 to 197.280 and the rules made pursuant thereto, and which passes the department's survey.
4. The hospice shall post the temporary operating permit or certificate under which it is operating in a conspicuous place in its main office.
5. Any certificate issued pursuant to this section shall be subject to renewal as provided in section 197.256.
6. Any pharmacy operated by a licensed hospice shall be licensed and inspected by the board of pharmacy as provided in chapter 338.
7. Branch offices shall be located sufficiently close to share administration and supervision and services in a manner that renders it unnecessary for it to be separately certificated, except as otherwise provided in sections 197.250 to 197.280.
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(L. 1992 H.B. 899 § 3, A.L. 1996 S.B. 916)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.256 - Renewal, when required, form, fee — survey, approval, renewal of certificate — certificate not renewed is void — statistical reports required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2022, 2 histories
197.256. Renewal, when required, form, fee — survey, approval, renewal of certificate — certificate not renewed is void — statistical reports required. —
1. A hospice shall apply for renewal of its certificate not less than once every twelve months. In addition, such hospice shall apply for renewal not less than thirty days before any change in ownership or management of the hospice. Such application shall be accompanied by the appropriate fee as set forth in subsection 1 of section 197.254. Application shall be made upon a form prescribed by the department.
2. Upon receipt of the application and fee, if a fee is required, the department may conduct a survey to evaluate the quality of services rendered by an applicant for renewal. The department shall inspect each licensed facility in accordance with Title XVIII of the Social Security Act and approve the application and renew the certificate of any applicant which is in compliance with sections 197.250 to 197.280 and the rules made pursuant thereto and which passes the department's survey.
3. The certificate of any hospice which has not been renewed as required by this section shall be void.
4. The department shall require all certificated hospices to submit statistical reports. The content, format, and frequency of such reports shall be prescribed by the department.
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(L. 1992 H.B. 899 § 4, A.L. 2022 H.B. 2331 merged with S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.258 - Department authorized to make surveys, when required — visiting of homes — survey of other governmental agency, requirements — reciprocal agreements with bordering states — maintenance of branch office in Missouri required, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2022, 2 histories
197.258. Department authorized to make surveys, when required — visiting of homes — survey of other governmental agency, requirements — reciprocal agreements with bordering states — maintenance of branch office in Missouri required, when. —
1. In addition to any survey pursuant to sections 197.250 to 197.280, the department may make such surveys as it deems necessary during normal business hours. The department shall survey every hospice in accordance with Title XVIII of the Social Security Act. The hospice shall permit the department's representatives to enter upon any of its business premises during normal business hours for the purpose of a survey.
2. As a part of its survey of a hospice, the department may visit the home of any client of such hospice with such client's consent.
3. In lieu of any survey required by sections 197.250 to 197.280, the department may accept in whole or in part the survey of any state or federal agency, or of any professional accrediting agency, if such survey:
(1) Is comparable in scope and method to the department's surveys; and
(2) Is conducted in accordance with Title XVIII of the Social Security Act for initial application or renewal of the hospice's certificate.
4. The department shall not be required to survey any hospice providing service to Missouri residents through an office located in a state bordering Missouri if such bordering state has a reciprocal agreement with Missouri on hospice certification and the area served in Missouri by the agency is contiguous to the area served in the bordering state.
5. Any hospice which has its parent office in a state which does not have a reciprocal agreement with Missouri on hospice certification shall maintain a branch office in Missouri. Such branch office shall maintain all records required by the department for survey and shall be certificated as a hospice.
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(L. 1992 H.B. 899 § 5, A.L. 2022 H.B. 2331 merged with S.B. 710)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.260 - Report of compliance, service — disclosure of reports, confidentiality of information.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1992
197.260. Report of compliance, service — disclosure of reports, confidentiality of information. —
1. Upon the completion of a survey, the department shall prepare a report of the department's findings with respect to whether the hospice is in compliance or out of compliance with the provisions of sections 197.250 to 197.280 and the rules made pursuant thereto. The report shall contain a list of deficiencies found and cite each statute or rule with which the hospice is found to be out of compliance. A copy of the report shall be served upon the hospice not later than fifteen working days after the survey is completed. The hospice shall inform the department of the time necessary for compliance and shall file a plan of correction with the department within ten days of the receipt of the deficiency list. As used in this subsection, "days" shall exclude weekends and state holidays.
2. The department of health and senior services may disclose to the public final reports of the inspections or surveys showing the standards by which inspections or surveys were conducted, whether such standards were met, and, if such standards were not met, in what manner they were not met and how the facility proposed to correct or did correct the deficiencies. All other information whatsoever, including information and reports submitted to the department of health and senior services by governmental agencies and recognized accrediting organizations in whole or in part for certification purposes pursuant to sections 197.250 to 197.280, collected during such inspections or surveys or information which is derived as a result of such inspections or surveys shall be confidential and shall be disclosed only to the person or organization which is the subject of the inspection or survey or a representative thereof.
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(L. 1992 H.B. 899 § 6)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.262 - Denial of application, grounds — review.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1992
197.262. Denial of application, grounds — review. —
1. The department may deny any hospice application for certification or renewal or may suspend or revoke such agency's certificate or invoke intermediate sanctions, if the hospice:
(1) Is out of compliance with any of the provisions of sections 197.250 to 197.280 and the rules made pursuant thereto; or
(2) Obtained its certificate through misrepresentation of, or concealment of, any fact.
2. Any hospice may seek a review of any denial, suspension, or revocation of its certification or renewal before the administrative hearing commission, as provided in chapter 621.
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(L. 1992 H.B. 899 § 7)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.264 - Client's bill of rights, contents — discharge planning, contents.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1992
197.264. Client's bill of rights, contents — discharge planning, contents. —
1. The hospice shall submit to the department for approval a bill of rights that shall be equally applicable to all clients. This bill of rights shall at least include the client's right to be fully informed about his care alternatives, including choice of service providers, charges and payment resources, the right to be a full participant in the development of his plan of care and the right to be treated with dignity and respect. The hospice shall provide each client with a copy of its bill of rights. The hospice shall ensure that each of its clients can fully receive each provision of its approved bill of rights.
2. Discharge planning shall be an ongoing responsibility of the agency. Appropriate discharge activity shall include reasonable notice of discharge to the client or responsible party or both.
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(L. 1992 H.B. 899 § 8)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.266 - Abuse and neglect, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 01 Jan 2017, 2 histories, see footnote
197.266. Abuse and neglect, penalty. —
Any hospice or employee of a hospice who knowingly abuses or neglects any client, or misappropriates the property of any client, shall be guilty of a class E felony.
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(L. 1992 H.B. 899 § 9, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.268 - Complaints, grounds, review.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1992
197.268. Complaints, grounds, review. —
The department shall receive, process, and dispose of complaints against a hospice. Any person may complain of any suspected abuse, neglect, or misappropriation by a hospice or employee of a hospice. The department shall make rules providing for the processing of such complaints.
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(L. 1992 H.B. 899 § 10)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.270 - Promulgation of rules, procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1993
197.270. Promulgation of rules, procedure. —
The department shall promulgate rules as provided in section 197.080 and chapter 536 to effectuate the provisions of sections 197.250 to 197.280.
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(L. 1992 H.B. 899 § 11, A.L. 1993 S.B. 52)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.272 - State hospice advisory council established — members, qualifications — appointment, terms, reappointment — compensation — duties.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2002
197.272. State hospice advisory council established — members, qualifications — appointment, terms, reappointment — compensation — duties. —
1. There is hereby established a "State Hospice Advisory Council" which shall guide, advise and make recommendations to the department of health and senior services.
2. Members of the council shall be United States citizens and residents of the state for a period of not less than one year. The council shall consist of five members who have experience with hospices. Of the members appointed to the council at least one shall be employed by or associated with each of the following:
(1) A home health agency-based hospice;
(2) A hospital-based hospice; and
(3) A hospice based in a rural area.
3. All members of the council shall be appointed by the director of the department. The term of office of each member shall be for five years. Before a member's term expires, the director of the department shall appoint a successor to assume the member's duties on the expiration of his or her predecessor's term. A vacancy in the office of a member shall be filled by appointment for the unexpired term. The members of the council shall annually designate one member to serve as chairperson and another to serve as secretary.
4. No member of the council who has served two full terms may be reappointed to the council until at least one year after the expiration of the member's most recent full term of office.
5. Members of the council shall receive no compensation for their service, but shall, subject to appropriations, be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
6. The council shall advise and consult with the department of health and senior services in carrying out the administration of sections 197.250 to 197.280, and shall:
(1) Consult and advise with the department in matters of policy affecting administration of sections 197.250 to 197.280, and in the development of rules, regulations and standards provided for under sections 197.250 to 197.280;
(2) Review and make recommendations with respect to rules, regulations and standards authorized under sections 197.250 to 197.280 prior to their promulgation by the department of health and senior services.
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(L. 1992 H.B. 899 § 12, A.L. 2002 H.B. 1953)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.274 - Action to enjoin violations, where filed.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1992
197.274. Action to enjoin violations, where filed. —
The department may file an action to enjoin any violation of sections 197.250 to 197.280, or of the rules made pursuant thereto, or both. Such action shall be filed in the circuit court of the county in which such hospice has its parent office, or in which such violation is alleged to have occurred.
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(L. 1992 H.B. 899 § 13)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.276 - Violations, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1992
197.276. Violations, penalty. —
Any person who violates any provision of sections 197.250 to 197.280 shall be guilty of a class A misdemeanor, except as otherwise provided in section 197.266.
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(L. 1992 H.B. 899 § 14)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.278 - Department responsibility for inspection and certification.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1992
197.278. Department responsibility for inspection and certification. —
Any provision of chapter 198 to the contrary notwithstanding, the department shall have sole authority and responsibility for inspection and certification of hospices in this state, including, but not limited to, the physical facilities.
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(L. 1992 H.B. 899 § 15)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.280 - Order authorizing entry for survey, grounds for.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 1992
197.280. Order authorizing entry for survey, grounds for. —
Whenever the department has reasonable grounds to believe that a hospice required to be certificated under sections 197.250 to 197.280 is operating without a certificate, and the department is not permitted access to survey the hospice, or when a certificated hospice refuses to permit access to the department to survey the hospice, the department shall apply to the circuit court of the county in which the premises are located for an order authorizing entry for such survey. The court shall issue the order if it finds reasonable grounds for the survey or if it finds that a certificated hospice has refused to permit the department access to survey the hospice.
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(L. 1992 H.B. 899 § 16)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.287 - Training programs related to quality of patient care and safety required — standards developed by department of health and senior services.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
197.287. Training programs related to quality of patient care and safety required — standards developed by department of health and senior services. —
By July 1, 2001, all hospitals and ambulatory surgical centers, and by July 1, 2018, all abortion facilities shall provide training programs, with measurable minimal training outcomes relating to quality of patient care and patient safety, to all unlicensed staff providing patient care in their facility within ninety days of the beginning date of employment. Standards for such training shall be established by the department of health and senior services by rule. It shall be a requirement of hospital, ambulatory surgical center, and abortion facility licensure pursuant to this chapter that all hospitals, ambulatory surgical centers, and abortion facilities submit documentation to the department of health and senior services on the training program used.
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(L. 2000 S.B. 788 § 1, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.289 - Adequate nurse staffing, methodology required, minimum requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
197.289. Adequate nurse staffing, methodology required, minimum requirements. —
1. All hospitals, ambulatory surgical centers, and abortion facilities shall develop and implement a methodology which ensures adequate nurse staffing that will meet the needs of patients. At a minimum, there shall be on duty at all times a sufficient number of licensed registered nurses to provide patient care requiring the judgment and skills of a licensed registered nurse and to oversee the activities of all nursing personnel.
2. There shall be sufficient licensed and ancillary nursing personnel on duty on each nursing unit to meet the needs of each patient in accordance with accepted standards of quality patient care.
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(L. 2000 S.B. 788 § 2, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.294 - Use of certain information to establish standard of care prohibited in private civil actions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2004
197.294. Use of certain information to establish standard of care prohibited in private civil actions. —
No information disclosed by the department to the public pursuant to sections 192.019, 192.020, 192.067, 192.131, 192.138, 192.665, and 192.667, and sections 197.150, 197.152, 197.154, 197.156, 197.158, 197.160, 197.162, 197.165, and 197.293 shall be used to establish a standard of care in a private civil action.
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(L. 2004 S.B. 1279)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.295 - Licensure enforcement, appeals, procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 24 Oct 2017, 2 histories, see footnote
197.295. Licensure enforcement, appeals, procedure. —
1. A hospital, ambulatory surgical center, or abortion facility aggrieved by a decision of the department pursuant to the provisions of paragraph (b) of subdivision (2) and subdivisions (3), (4) and (5) of subsection 1 of section 197.293 may appeal such decision to the administrative hearing commission pursuant to section 197.071 or section 197.221, and seek judicial review pursuant to section 621.145. An appeal of an action to restrict new inpatient admissions or outpatient entrants, suspend operations or revoke a license shall be heard on an expedited basis by the administrative hearing commission. The hospital, ambulatory surgical center, or abortion facility may apply to the administrative hearing commission for an order to stay or suspend any such departmental action pending the commission's findings and ruling as authorized by section 621.035.
2. If both the department and the hospital, ambulatory surgical center, or abortion facility agree to do so, prior to an appeal to the administrative hearing commission pursuant to section 197.071 or section 197.221, an official action of the department made pursuant to sections 197.010 to 197.120 or sections 197.200 to 197.240 may be appealed to a departmental hearing officer. The department of health and senior services shall promulgate rules specifying the qualifications of such a hearing officer, establish procedures to ensure impartial decisions and provide for comparable appeal remedies when a departmental hearing officer is unavailable.
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(L. 2000 S.B. 788 § 5, A.L. 2017 2d Ex. Sess. S.B. 5)
Effective 10-24-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 197 - Medical Treatment Facility Licenses › Section 197.297 - Rulemaking authority, department of health and senior services.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 197
• Effective - 28 Aug 2000
197.297. Rulemaking authority, department of health and senior services. —
1. The department of health and senior services may adopt rules necessary to implement the provisions of sections 197.287 to 197.297.
2. No rule or portion of a rule promulgated pursuant to the authority of sections 197.287 to 197.297 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid and void.
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(L. 2000 S.B. 788 § 6)