Effective - 28 Aug 2017
192.380. Neonatal care designations, criteria for — levels — rulemaking authority — facility to report level to department. — 1. For purposes of this section, the following terms shall mean:
(1) "Birthing facility", any hospital as defined under section 197.020 with more than one licensed obstetric bed or a neonatal intensive care unit, a hospital operated by a state university, or a birthing center licensed under sections 197.200 to 197.240;
(2) "Department", the department of health and senior services.
2. After holding multiple public hearings in diverse geographic regions of the state and seeking broad public and stakeholder input, the department shall establish criteria for levels of maternal care designations and levels of neonatal care designations for birthing facilities. The levels developed under this section shall be based upon:
(1) The most current published version of the "Levels of Neonatal Care" developed by the American Academy of Pediatrics;
(2) The most current published version of the "Levels of Maternal Care" developed by the American Congress of Obstetricians and Gynecologists and the Society for Maternal-Fetal Medicine; and
(3) Necessary variance when considering the geographic and varied needs of citizens of this state.
3. Nothing in this section shall be construed in any way to modify or expand the licensure of any health care professional.
4. Nothing in this section shall be construed in any way to require a patient be transferred to a different facility.
5. The department shall promulgate rules to implement the provisions of this section no later than January 1, 2018. Such rules shall be limited to those necessary for the establishment of levels of neonatal care designations and levels of maternal care designations for birthing facilities under subsection 2 of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2017, shall be invalid and void.
6. Beginning January 1, 2019, any hospital with a birthing facility shall report to the department its appropriate level of maternal care designation and neonatal care designation as determined by the criteria outlined under subsection 2 of this section.
7. Beginning January 1, 2019, any hospital with a birthing facility operated by a state university shall report to the department its appropriate level of maternal care designation and neonatal care designation as determined by the criteria outlined under subsection 2 of this section.
8. The department may partner with appropriate nationally recognized professional organizations with demonstrated expertise in maternal and neonatal standards of care to administer the provisions of this section.
9. The criteria for levels of maternal and neonatal care developed under subsection 2 of this section shall not include pregnancy termination or counseling or referral for pregnancy termination.
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(L. 2017 S.B. 50)
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 192 - Department of Health and Senior Services
Section 192.002 - Department of health and senior services established.
Section 192.006 - Health and senior services, department of, rulemaking authority, procedure.
Section 192.007 - Director, appointment — compensation — qualifications.
Section 192.014 - State board of health and senior services to advise department.
Section 192.015 - Fees for laboratory tests authorized — deposit in general revenue.
Section 192.016 - Putative father registry — fund created.
Section 192.025 - To accept and disburse federal funds for health purposes.
Section 192.031 - Hepatitis C programs established by department of health and senior services.
Section 192.033 - Strategies for raising public awareness on hepatitis C.
Section 192.040 - Department to issue reports — subjects.
Section 192.050 - Department to maintain certain bureaus — establishment of others.
Section 192.060 - Department to keep vital statistics.
Section 192.072 - Bureau of immunization to develop educational materials — contents, distribution.
Section 192.080 - Bureau of food and drug inspection.
Section 192.083 - Office of minority health, established — purpose, duties.
Section 192.090 - Inspection of hotels, inns and boardinghouses.
Section 192.100 - Inspection of beverages.
Section 192.110 - Department's duty as to diseases of animals.
Section 192.139 - Communicable disease reporting, guidelines for department.
Section 192.140 - Public health nurse provided — public and private places disinfected.
Section 192.150 - Interference a misdemeanor — duty of mayor and county commission.
Section 192.160 - Taxpayers may petition for the appointment of a nurse.
Section 192.170 - Money appropriated from current revenue.
Section 192.250 - Department to receive grants.
Section 192.260 - County health officer appointed by county commission.
Section 192.280 - Duties of county health officer — neglect, penalty — removal.
Section 192.290 - State regulations supersede local rules — additional local rules.
Section 192.310 - Cities of 75,000 or over excepted from sections 192.260 to 192.320.
Section 192.320 - Violation of law or quarantine — penalty.
Section 192.324 - Administrative and cost allocation fund created, use of moneys.
Section 192.326 - Disaster fund created, use of moneys during a state of emergency.
Section 192.390 - Cost of certain formulas to be provided — rulemaking authority.
Section 192.400 - Definitions.
Section 192.410 - Powers and duties of department.
Section 192.420 - Department to make rules — procedure.
Section 192.430 - Radiation sources to be kept safe.
Section 192.460 - Emergency orders — compliance required — hearing.
Section 192.470 - Judicial review.
Section 192.480 - Law not to limit medical use of radiation.
Section 192.490 - Violation of law or regulation, misdemeanor — injunctive relief.
Section 192.507 - Radiological laboratory to be established, purpose.
Section 192.650 - Cancer information reporting system established — purpose — rulemaking authority.
Section 192.653 - Reports required from certain health care providers, content — exemptions.
Section 192.665 - Definitions.
Section 192.700 - Arthritis program established — purpose.
Section 192.703 - Definitions.
Section 192.705 - Program coordinators, appointment, duties — compensation.
Section 192.712 - Expenses of board and committee members to be paid, subject to appropriations.
Section 192.714 - Regional arthritis centers to be established — purpose — regions designated.
Section 192.716 - Centers to establish programs for education and improved patient care.
Section 192.720 - Support for rheumatology trainees — amount — approval of candidates.
Section 192.723 - Research feasibility studies to be carried out by regional centers.
Section 192.725 - Arthritis information network to be established — staff.
Section 192.735 - Definitions.
Section 192.737 - Data analysis and needs assessment.
Section 192.739 - Confidentiality of reports — release of reports, requirements.
Section 192.740 - No liability for furnishing required information, exception.
Section 192.742 - Promulgation of rules, authority for, consultation with council.
Section 192.760 - Definitions.
Section 192.769 - Notice to patients upon completion of a mammogram — effective date.
Section 192.900 - Missouri public health services fund, established, purposes.
Section 192.947 - Hemp extract, use of, immunity from liability, when.
Section 192.965 - Office on women's health created, duties.
Section 192.968 - Committee to advise the office on women's health created, duties.
Section 192.2005 - Definitions.
Section 192.2010 - Shared care program established, goals — department duties.
Section 192.2100 - Alzheimer's disease and related disorders respite care program — definitions.
Section 192.2105 - Respite care program for Alzheimer's purposes.
Section 192.2110 - Rules and regulations for respite care program, procedure.
Section 192.2150 - Department to use services of certain organizations, when.
Section 192.2200 - Definitions.
Section 192.2215 - Revocation of license, when — notification of operator.
Section 192.2220 - Exceptions to licensure requirements for adult day care centers.
Section 192.2230 - Fee for license or renewal, limitation.
Section 192.2235 - Adult daycare program manual — regional training sessions.
Section 192.2245 - License denied — suspended — revoked — hearing procedure — appeals.
Section 192.2250 - Rulemaking authority.
Section 192.2255 - Rules, authority, procedure.
Section 192.2260 - Violations, penalties.
Section 192.2275 - Cost-based uniform rate for services, budget line item.
Section 192.2300 - Definitions.
Section 192.2400 - Definitions.
Section 192.2405 - Mandatory reporters--penalty for failure to report.
Section 192.2410 - Reports, contents — department to maintain telephone for reporting.
Section 192.2415 - Investigations of reports of eligible adults, department procedures.
Section 192.2425 - Investigation of elder abuse — report.
Section 192.2430 - Duty to report, immunity.
Section 192.2440 - Assistance to be given.
Section 192.2445 - Procedure when abuse, neglect, or physical harm may be involved — remedies.
Section 192.2450 - Interference with delivery of services, effect — remedy.
Section 192.2455 - Recipient unable to give consent, procedure, remedy.
Section 192.2460 - Director may proceed under other law, when — legal counsel may be retained, when.
Section 192.2470 - Discontinuance of services, when — exception.
Section 192.2505 - Confidentiality of records, records disclosed, when.