Missouri Revised Statutes
Chapter 190 - Emergency Services
Section 190.100 - Definitions.

Effective - 28 Aug 2022, 4 histories
190.100. Definitions. — As used in sections 190.001 to 190.245 and section 190.257, the following words and terms mean:
(1) "Advanced emergency medical technician" or "AEMT", a person who has successfully completed a course of instruction in certain aspects of advanced life support care as prescribed by the department and is licensed by the department in accordance with sections 190.001 to 190.245 and rules and regulations adopted by the department pursuant to sections 190.001 to 190.245;
(2) "Advanced life support (ALS)", an advanced level of care as provided to the adult and pediatric patient such as defined by national curricula, and any modifications to that curricula specified in rules adopted by the department pursuant to sections 190.001 to 190.245;
(3) "Ambulance", any privately or publicly owned vehicle or craft that is specially designed, constructed or modified, staffed or equipped for, and is intended or used, maintained or operated for the transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless, or who require the presence of medical equipment being used on such individuals, but the term does not include any motor vehicle specially designed, constructed or converted for the regular transportation of persons who are disabled, handicapped, normally using a wheelchair, or otherwise not acutely ill, or emergency vehicles used within airports;
(4) "Ambulance service", a person or entity that provides emergency or nonemergency ambulance transportation and services, or both, in compliance with sections 190.001 to 190.245, and the rules promulgated by the department pursuant to sections 190.001 to 190.245;
(5) "Ambulance service area", a specific geographic area in which an ambulance service has been authorized to operate;
(6) "Basic life support (BLS)", a basic level of care, as provided to the adult and pediatric patient as defined by national curricula, and any modifications to that curricula specified in rules adopted by the department pursuant to sections 190.001 to 190.245;
(7) "Council", the state advisory council on emergency medical services;
(8) "Department", the department of health and senior services, state of Missouri;
(9) "Director", the director of the department of health and senior services or the director's duly authorized representative;
(10) "Dispatch agency", any person or organization that receives requests for emergency medical services from the public, by telephone or other means, and is responsible for dispatching emergency medical services;
(11) "Emergency", the sudden and, at the time, unexpected onset of a health condition that manifests itself by symptoms of sufficient severity that would lead a prudent layperson, possessing an average knowledge of health and medicine, to believe that the absence of immediate medical care could result in:
(a) Placing the person's health, or with respect to a pregnant woman, the health of the woman or her unborn child, in significant jeopardy;
(b) Serious impairment to a bodily function;
(c) Serious dysfunction of any bodily organ or part;
(d) Inadequately controlled pain;
(12) "Emergency medical dispatcher", a person who receives emergency calls from the public and has successfully completed an emergency medical dispatcher course, meeting or exceeding the national curriculum of the United States Department of Transportation and any modifications to such curricula specified by the department through rules adopted pursuant to sections 190.001 to 190.245;
(13) "Emergency medical responder", a person who has successfully completed an emergency first response course meeting or exceeding the national curriculum of the U.S. Department of Transportation and any modifications to such curricula specified by the department through rules adopted under sections 190.001 to 190.245 and who provides emergency medical care through employment by or in association with an emergency medical response agency;
(14) "Emergency medical response agency", any person that regularly provides a level of care that includes first response, basic life support or advanced life support, exclusive of patient transportation;
(15) "Emergency medical services for children (EMS-C) system", the arrangement of personnel, facilities and equipment for effective and coordinated delivery of pediatric emergency medical services required in prevention and management of incidents which occur as a result of a medical emergency or of an injury event, natural disaster or similar situation;
(16) "Emergency medical services (EMS) system", the arrangement of personnel, facilities and equipment for the effective and coordinated delivery of emergency medical services required in prevention and management of incidents occurring as a result of an illness, injury, natural disaster or similar situation;
(17) "Emergency medical technician", a person licensed in emergency medical care in accordance with standards prescribed by sections 190.001 to 190.245, and by rules adopted by the department pursuant to sections 190.001 to 190.245;
(18) "Emergency medical technician-basic" or "EMT-B", a person who has successfully completed a course of instruction in basic life support as prescribed by the department and is licensed by the department in accordance with standards prescribed by sections 190.001 to 190.245 and rules adopted by the department pursuant to sections 190.001 to 190.245;
(19) "Emergency medical technician-community paramedic", "community paramedic", or "EMT-CP", a person who is certified as an emergency medical technician-paramedic and is certified by the department in accordance with standards prescribed in section 190.098;
(20) "Emergency medical technician-paramedic" or "EMT-P", a person who has successfully completed a course of instruction in advanced life support care as prescribed by the department and is licensed by the department in accordance with sections 190.001 to 190.245 and rules adopted by the department pursuant to sections 190.001 to 190.245;
(21) "Emergency services", health care items and services furnished or required to screen and stabilize an emergency which may include, but shall not be limited to, health care services that are provided in a licensed hospital's emergency facility by an appropriate provider or by an ambulance service or emergency medical response agency;
(22) "Health care facility", a hospital, nursing home, physician's office or other fixed location at which medical and health care services are performed;
(23) "Hospital", an establishment as defined in the hospital licensing law, subsection 2 of section 197.020, or a hospital operated by the state;
(24) "Medical control", supervision provided by or under the direction of physicians, or their designated registered nurse, including both online medical control, instructions by radio, telephone, or other means of direct communications, and offline medical control through supervision by treatment protocols, case review, training, and standing orders for treatment;
(25) "Medical direction", medical guidance and supervision provided by a physician to an emergency services provider or emergency medical services system;
(26) "Medical director", a physician licensed pursuant to chapter 334 designated by the ambulance service or emergency medical response agency and who meets criteria specified by the department by rules pursuant to sections 190.001 to 190.245;
(27) "Memorandum of understanding", an agreement between an emergency medical response agency or dispatch agency and an ambulance service or services within whose territory the agency operates, in order to coordinate emergency medical services;
(28) "Patient", an individual who is sick, injured, wounded, diseased, or otherwise incapacitated or helpless, or dead, excluding deceased individuals being transported from or between private or public institutions, homes or cemeteries, and individuals declared dead prior to the time an ambulance is called for assistance;
(29) "Person", as used in these definitions and elsewhere in sections 190.001 to 190.245, any individual, firm, partnership, copartnership, joint venture, association, cooperative organization, corporation, municipal or private, and whether organized for profit or not, state, county, political subdivision, state department, commission, board, bureau or fraternal organization, estate, public trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee or trustee in bankruptcy, or any other service user or provider;
(30) "Physician", a person licensed as a physician pursuant to chapter 334;
(31) "Political subdivision", any municipality, city, county, city not within a county, ambulance district or fire protection district located in this state which provides or has authority to provide ambulance service;
(32) "Professional organization", any organized group or association with an ongoing interest regarding emergency medical services. Such groups and associations could include those representing volunteers, labor, management, firefighters, EMT-B's, nurses, EMT-P's, physicians, communications specialists and instructors. Organizations could also represent the interests of ground ambulance services, air ambulance services, fire service organizations, law enforcement, hospitals, trauma centers, communication centers, pediatric services, labor unions and poison control services;
(33) "Proof of financial responsibility", proof of ability to respond to damages for liability, on account of accidents occurring subsequent to the effective date of such proof, arising out of the ownership, maintenance or use of a motor vehicle in the financial amount set in rules promulgated by the department, but in no event less than the statutory minimum required for motor vehicles. Proof of financial responsibility shall be used as proof of self-insurance;
(34) "Protocol", a predetermined, written medical care guideline, which may include standing orders;
(35) "Regional EMS advisory committee", a committee formed within an emergency medical services (EMS) region to advise ambulance services, the state advisory council on EMS and the department;
(36) "Specialty care transportation", the transportation of a patient requiring the services of an emergency medical technician-paramedic who has received additional training beyond the training prescribed by the department. Specialty care transportation services shall be defined in writing in the appropriate local protocols for ground and air ambulance services and approved by the local physician medical director. The protocols shall be maintained by the local ambulance service and shall define the additional training required of the emergency medical technician-paramedic;
(37) "Stabilize", with respect to an emergency, the provision of such medical treatment as may be necessary to attempt to assure within reasonable medical probability that no material deterioration of an individual's medical condition is likely to result from or occur during ambulance transportation unless the likely benefits of such transportation outweigh the risks;
(38) "State advisory council on emergency medical services", a committee formed to advise the department on policy affecting emergency medical service throughout the state;
(39) "State EMS medical directors advisory committee", a subcommittee of the state advisory council on emergency medical services formed to advise the state advisory council on emergency medical services and the department on medical issues;
(40) "STEMI" or "ST-elevation myocardial infarction", a type of heart attack in which impaired blood flow to the patient's heart muscle is evidenced by ST-segment elevation in electrocardiogram analysis, and as further defined in rules promulgated by the department under sections 190.001 to 190.250;
(41) "STEMI care", includes education and prevention, emergency transport, triage, and acute care and rehabilitative services for STEMI that requires immediate medical or surgical intervention or treatment;
(42) "STEMI center", a hospital that is currently designated as such by the department to care for patients with ST-segment elevation myocardial infarctions;
(43) "Stroke", a condition of impaired blood flow to a patient's brain as defined by the department;
(44) "Stroke care", includes emergency transport, triage, and acute intervention and other acute care services for stroke that potentially require immediate medical or surgical intervention or treatment, and may include education, primary prevention, acute intervention, acute and subacute management, prevention of complications, secondary stroke prevention, and rehabilitative services;
(45) "Stroke center", a hospital that is currently designated as such by the department;
(46) "Time-critical diagnosis", trauma care, stroke care, and STEMI care occurring either outside of a hospital or in a center designated under section 190.241;
(47) "Time-critical diagnosis advisory committee", a committee formed under section 190.257 to advise the department on policies impacting trauma, stroke, and STEMI center designations; regulations on trauma care, stroke care, and STEMI care; and the transport of trauma, stroke, and STEMI patients;
(48) "Trauma", an injury to human tissues and organs resulting from the transfer of energy from the environment;
(49) "Trauma care" includes injury prevention, triage, acute care and rehabilitative services for major single system or multisystem injuries that potentially require immediate medical or surgical intervention or treatment;
(50) "Trauma center", a hospital that is currently designated as such by the department.
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(L. 1973 S.B. 57 § 1, A.L. 1987 S.B. 31 § 29, A.L. 1989 S.B. 337, A.L. 1998 S.B. 743, A.L. 2002 S.B. 1107, A.L. 2003 S.B. 68, A.L. 2008 H.B. 1790, A.L. 2013 H.B. 307 merged with H.B. 336, A.L. 2018 H.B. 1355 merged with S.B. 870, A.L. 2022 H.B. 2331)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 190 - Emergency Services

Section 190.001 - Citation.

Section 190.010 - Territory of district may be noncontiguous — ambulance districts authorized except in counties of 400,000 or more population — district, how named.

Section 190.015 - Petition to form, contents — ambulance district boundaries (St. Louis County) — sales tax in lieu of property tax permitted, exception St. Louis County.

Section 190.020 - Public hearing, notice — costs, how paid.

Section 190.025 - Petitions — consolidation, when — amended, how.

Section 190.030 - Sufficiency of petition, county commission to determine.

Section 190.035 - Notice of election, contents.

Section 190.040 - Form of ballot — effect of passage on tax rate — fund created — refunds, when.

Section 190.041 - Tax levy for central dispatching service, when, amount — funds kept separate.

Section 190.043 - Increase in tax rate without voter approval, when, amount.

Section 190.045 - Returns of election, where filed — effect of.

Section 190.050 - Election districts, how established — election of directors — declaration of candidacy filed, where, when.

Section 190.051 - Change in number of board members, when — ballot language.

Section 190.052 - Board member must live in his district — vacancies, how filled.

Section 190.053 - Educational training required for board of directors — failure to attend.

Section 190.055 - Powers of board — seal and bylaws required — reimbursement of board members' expenses — secretary and treasurer, additional compensation — board member attendance fees, when — ineligibility for board employment, when.

Section 190.056 - Recall of directors, procedure.

Section 190.060 - Powers of district.

Section 190.065 - Bonds, issuance of — election, form of ballot.

Section 190.070 - Annexation, petition for — hearing — election, form of ballot.

Section 190.074 - Collection of taxes — levy — procedure.

Section 190.075 - Records, what and how kept.

Section 190.080 - Donated property — title, how taken.

Section 190.085 - Failure to approve bonds, effect of — dissolution — funds, how rebated.

Section 190.087 - Ambulance district serving city in more than one county may be expanded — procedure (Franklin County).

Section 190.088 - Detachment from ambulance district, procedure (City of Riverside) — inapplicable to St. Louis County.

Section 190.090 - Consolidation of ambulance districts, procedure for — form of ballot — transition provisions for consolidation.

Section 190.091 - Vaccination program for first responders offered — definitions — participation voluntary — contingent effective date.

Section 190.092 - Defibrillators, requirements — good faith immunity from civil liability, when — all basic life support ambulances and stretcher vans to be equipped with.

Section 190.094 - Minimum ambulance staffing — volunteer defined.

Section 190.098 - Community paramedic, certification requirements — scope of practice — written agreement — rulemaking authority.

Section 190.100 - Definitions.

Section 190.101 - State advisory council on emergency medical services, members, purpose, duties — subcommittee established, duties.

Section 190.102 - Regional EMS advisory committees.

Section 190.103 - Regional EMS medical director, powers, duties — considered public official, when — online telecommunication medical direction permitted — treatment protocols for special needs patients.

Section 190.104 - Pediatric emergency medical services system.

Section 190.105 - Ambulance license required, exceptions — operation of ambulance services — sale or transfer of ownership, notice required.

Section 190.107 - Contracts for mutual aid services.

Section 190.108 - Air ambulance licenses — sale or transfer of ownership, notice required.

Section 190.109 - Ground ambulance license.

Section 190.111 - Inspection limitation — effect of sale or transfer on a license.

Section 190.120 - Insurance, what coverage required — policy provisions required — term of policy.

Section 190.131 - Certification of training entities.

Section 190.133 - Emergency medical response agency license.

Section 190.134 - Dispatch agency, requirements.

Section 190.142 - Emergency medical technician license — rules.

Section 190.143 - Temporary emergency medical technician license granted, when — limitations — expiration.

Section 190.144 - Immunity from liability, when.

Section 190.146 - Lapse of license, request to return to active status, procedure.

Section 190.147 - Behavioral health patients — temporary hold, when — memorandum of understanding, contents — physical restraints, use of.

Section 190.160 - Renewals of licenses, requirements.

Section 190.165 - Suspension or revocation of licenses, grounds for — procedure.

Section 190.171 - Aggrieved party may seek review by administrative hearing commission.

Section 190.172 - Settlement agreements permitted, when — written impact statement may be submitted to administrative hearing commission.

Section 190.173 - Confidentiality of information.

Section 190.175 - Records to be maintained by licensee.

Section 190.176 - Data collection system.

Section 190.180 - Penalty for violation.

Section 190.185 - Rules and regulations, department to adopt — procedure.

Section 190.190 - Time to comply granted existing equipment and personnel.

Section 190.196 - Employer to comply with requirements of licensure — report of charges filed against licensee, when.

Section 190.200 - Public information and education.

Section 190.205 - Insurers' duties.

Section 190.240 - At-risk behavioral health patients, notice required before transport of — training of personnel — temporary involuntary hold, patient placed on, when.

Section 190.241 - Trauma, STEMI, or stroke centers, designation by department — site reviews — grounds for suspension or revocation of designation — data submission and analysis — fees — administrative hearing commission to hear persons aggrieved by...

Section 190.242 - Emergency medical services data, hospitals not required to obtain, when — trauma, STEMI, and stroke center regulations, interpretation of, hospitals not required to comply with, when.

Section 190.243 - Transportation to trauma, STEMI, or stroke centers or hospitals, how authorized.

Section 190.245 - Medical records and quality improvement documentation, penalty for failure to provide, purpose for use, names not to be released.

Section 190.246 - Epinephrine auto-injector, possession and use limitations — definitions — use of device considered first aid — violations, penalty.

Section 190.248 - Investigations of allegations of violations, completed when — access to records.

Section 190.250 - Ambulance services to have same statutory lien rights as hospitals — recovery of lien, net proceeds to be shared with patient, when — release of claimant from liability, when.

Section 190.255 - Naloxone, first responder may administer, when — definition.

Section 190.257 - Advisory committee, time-critical diagnosis — recommendations to department — members.

Section 190.260 - Citation — definitions — training for broadcast engineers and technical personnel — credentialing — access to disaster areas.

Section 190.265 - Helipads, hospitals not required to have fencing or barriers.

Section 190.270 - Citation of law.

Section 190.275 - Definitions.

Section 190.280 - Out-of-state businesses not subject to certain state or local requirements — out-of-state employee not a resident for tax purposes — limitations.

Section 190.285 - Notification to secretary of state by out-of-state business required, when, content — information provided to department of revenue, when.

Section 190.286 - Inapplicability to certain out-of-state businesses.

Section 190.290 - Definitions.

Section 190.292 - Emergency services, sales tax levy authorized — ballot language — rate of tax — termination of tax — board to administer funds established, members (Warren County) — prepaid wireless telecommunications service, tax exempt.

Section 190.294 - Powers and duties of the emergency services board — meetings — vacancies — rulemaking authority (Warren County).

Section 190.296 - Board may borrow money and issue bonds — ballot language — duration of loans, rate of interest (Warren County).

Section 190.300 - Definitions.

Section 190.305 - Emergency telephone service may be provided — tax levy authorized — governing body of Christian and Scott counties may contract for services — time limitation on tax — rate — collection.

Section 190.306 - Dissolution of emergency telephone service not required, when (Christian County).

Section 190.307 - No civil liability for operation of emergency system, giving or following emergency instructions, exceptions.

Section 190.308 - Misuse of emergency telephone service unlawful, definitions, penalty — no local fine or penalty for pay telephones for calls to emergency telephone service.

Section 190.309 - Emergency telephone board, powers and duties — members of the board, appointment, terms — personnel — officers — rules — removal of members — vacancies — nepotism prohibited.

Section 190.310 - Tax due quarterly — return filed when, content — record retention period — rate determination, notification — collection fee allowed.

Section 190.315 - Contract for service authorized.

Section 190.320 - Election — ballot form.

Section 190.325 - Central dispatching service for emergency services (Clay, Jackson and Jefferson counties) — use of emergency telephone moneys — tax rate — contracts for service for other political subdivisions — tax collection.

Section 190.327 - Board appointed, when — board elected, when — duties — commission to relinquish duties to board — qualifications — board, powers and duties — board appointed for other political subdivisions contracting for service — limitation on s...

Section 190.328 - Election of board, Christian and Scott counties, when — terms.

Section 190.329 - Election of board, exceptions, when — terms.

Section 190.334 - Performance and fiscal audits authorized.

Section 190.335 - Central dispatch for emergency services, alternative funding by county sales tax, procedure, ballot form, rate of tax — collection, limitations — adoption of alternate tax, telephone tax to expire, when — board appointment and elect...

Section 190.336 - Recall, board members subject to — procedure.

Section 190.337 - Revenue, purpose for which shall be used — procedure to terminate tax, ballot form — reestablishing emergency service using telephone tax, procedure.

Section 190.339 - Emergency services board, powers and duties — officers — removal of board members, reasons, hearing procedure — vacancies — employment by board, limitations.

Section 190.340 - Emergency services board, officers duties, rules and regulations.

Section 190.353 - Powers and duties of department of health and senior services — establishment of regional poison information center — center to provide certain services.

Section 190.355 - Use of existing resources required.

Section 190.400 - Definitions — interoperability service agreements, what agencies.

Section 190.420 - Fund established.

Section 190.450 - Department to complete study, issue plan for provision of best 911 technology and services statewide.

Section 190.455 - Subscriber fees — election, ballot — deposit of moneys — confidentiality of proprietary information — immunity from liability, when — limitations on fees.

Section 190.460 - Prepaid wireless emergency telephone service charge — definitions — amount, how collected — deposit and use of moneys — rates, how set — effective date.

Section 190.462 - Pre-emption of taxes by declaratory ruling — definitions — effect of — expiration date.

Section 190.465 - Consolidation of emergency communications operations — joint entity established, when.

Section 190.470 - Alternate consolidation — petition, election — board appointed, requirements.

Section 190.475 - Centralized database to be maintained, updates.

Section 190.500 - Temporary license — qualified health care professions — declared emergency.

Section 190.525 - Definitions.

Section 190.528 - License required — political subdivisions not precluded from governing operation of service or enforcing ordinances — responsibilities and restrictions on operation of stretcher van services — rules.

Section 190.531 - Refusal to issue or denial of renewal of licenses permitted — complaint procedure — rules — immunity from liability, when — suspension of license, when.

Section 190.534 - Violations, penalty — attorney general to have concurrent jurisdiction.

Section 190.537 - Rulemaking authority.

Section 190.550 - Schedule of fees established, rules — collection and deposit.

Section 190.600 - Citation of act — definitions.

Section 190.603 - Outside the hospital do-not-resuscitate order may be executed, when — maintained in medical records — transfers with patient.

Section 190.606 - Immunity from liability, what persons and entities.

Section 190.609 - Order effective, when — limitations of order.

Section 190.612 - Emergency medical services personnel to comply with order, when — physician to transfer patient, when.

Section 190.615 - Death of a patient, not suicide or homicide — effect of order on life insurance — order does not authorize mercy killing or euthanasia.

Section 190.618 - Rules — rulemaking authority.

Section 190.621 - Penalty for concealing or falsifying an order.

Section 190.800 - Imposition of tax — definitions.

Section 190.803 - Formula for tax based on gross receipts — challenge of validity of rules.

Section 190.806 - Record-keeping requirements, confidentiality.

Section 190.809 - Amount due, determination — notification procedure — offset permitted, when — quarterly adjustment of tax permitted.

Section 190.812 - Determination of tax final, when — timely protest permitted.

Section 190.815 - Rulemaking authority.

Section 190.818 - Remittance of tax — fund created, use of moneys.

Section 190.821 - Tax period — failure to pay, delinquency, enforcement procedures.

Section 190.824 - Tax-exempt status of ambulance service not affected.

Section 190.827 - Payments to ambulance services, when.

Section 190.830 - Federal financial participation required.

Section 190.833 - No tax imposed prior to effective date.

Section 190.836 - Rules requirements, authority.

Section 190.839 - Expiration date.

Section 190.840 - Nonseverability clause.

Section 190.900 - REPLICA enacted — definitions.

Section 190.903 - Home state licensure.

Section 190.906 - Compact privilege to practice.

Section 190.909 - Conditions of practice in a remote state.

Section 190.912 - Relationship to emergency management assistance compact.

Section 190.915 - Veterans, service members separating from active duty military, and their spouses.

Section 190.918 - Adverse actions.

Section 190.921 - Additional powers invested in a member state's EMS authority.

Section 190.924 - Establishment of the interstate commission for EMS personnel practice.

Section 190.927 - Coordinated database.

Section 190.930 - Rulemaking.

Section 190.933 - Oversight, dispute resolution, and enforcement.

Section 190.936 - Date of implementation of the interstate commission for EMS personnel practice and associated rules, and amendment.

Section 190.939 - Construction and severability.

Section 190.1005 - CPR training or courses to include instruction on proper use of automated external defibrillators.