Missouri Revised Statutes
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.

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.
­­--------
(L. 2020 S.B. 551)

<< Previous
Next >>

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 194 - Death — Disposition of Dead Bodies

Section 194.005 - Death, legal definition.

Section 194.010 - Encasement of bodies to be shipped.

Section 194.020 - Hermetically sealed coffin, specifications.

Section 194.060 - Transportation of dead body by common carrier, requirements.

Section 194.070 - Preparation of certain bodies for shipment supervised by health officer.

Section 194.080 - Preparation of certain dead bodies for shipment.

Section 194.090 - Preparation necessary for bodies of persons who died of certain communicable diseases.

Section 194.100 - Transportation of bodies where cause of death is noncontagious.

Section 194.105 - Disinterment for transport to location outside original cemetery — notice, to whom, contents.

Section 194.110 - Penalty for violation.

Section 194.115 - Autopsy — consent required — penalty for violation — availability of report, to whom.

Section 194.117 - Sudden infant death — notification — autopsy by certified child death pathologist required, procedure, release to parents or guardian — cost, how paid — department of health and senior services duties — rules and regulations.

Section 194.119 - Right of sepulcher, the right to choose and control final disposition of a dead human body.

Section 194.120 - Missouri state anatomical board — members — responsibilities.

Section 194.130 - Meetings of board — organization — funds.

Section 194.140 - Acceptance of provisions of this law — bond — prohibited actions and penalties.

Section 194.150 - Disposal of paupers' bodies.

Section 194.160 - Distribution of bodies.

Section 194.170 - Autopsy not to be held, when.

Section 194.180 - Penalty for violation.

Section 194.197 - Depth at which body is buried may be regulated.

Section 194.200 - Disposition of a stillborn child, definitions, duties of hospital, duties of parents, collection of costs, penalties.

Section 194.210 - Definitions.

Section 194.215 - Applicability of law.

Section 194.220 - Registry to be established — gift may be made by whom.

Section 194.225 - Procedure for making a gift — donor cards, requirements — gift made by will, effect of — registry authorized — website link.

Section 194.230 - Amendment or revocation, procedure.

Section 194.235 - Refusal to make a gift, evidenced how, requirements.

Section 194.240 - Person other than donor barred from making, amending, or revoking donor's gift — revocation not a bar to making a gift — parent may revoke or amend a gift of a child.

Section 194.245 - Gift for transplantation, therapy, research, or education, priority list for persons making.

Section 194.250 - Document of gift, procedure.

Section 194.255 - Persons eligible to receive gift in the document of gift — gifts not naming persons, effect of — refusal of gift required when.

Section 194.260 - Reasonable search to identify donors — immunity from liability, when.

Section 194.263 - Delivery of document of gift not required — examination and copying of document permitted, when.

Section 194.265 - Referral to procurement organization, diligent search of donor registry required — reasonable examination of body parts permitted, when — search for minor's parents required, when — attending physician shall not procure, when.

Section 194.270 - Hospitals to enter into agreements with procurement organizations.

Section 194.275 - Purchase or sale of body parts for valuable consideration prohibited — penalty — definition.

Section 194.280 - Falsification of documents, penalty.

Section 194.285 - Immunity from liability, when.

Section 194.290 - Declarations and advance health care directives — definitions — gift in conflict with, donor or physician to resolve.

Section 194.292 - Requirements for valid execution of a document of gift — presumption of validity, when — requirements for out-of-state execution of documents.

Section 194.293 - Uniformity of law a consideration in construing statutory provisions.

Section 194.294 - Effect of law on certain federal acts.

Section 194.295 - Embalmers authorized to enucleate eyes, when.

Section 194.297 - Organ donor program fund established — funding, administration, investment of moneys — transfer to general revenue prohibited.

Section 194.299 - Money in organ donor program fund, how expended.

Section 194.300 - Organ donation advisory committee established in department of health and senior services, appointment, qualifications, expenses, terms.

Section 194.302 - Advisory committee's powers and duties — annual report, due when.

Section 194.304 - Transfer of donor registry information, department of revenue to cooperate — registry requirements.

Section 194.307 - Effective date for sections 194.240, 194.297 through 194.304 and section 302.171.

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.

Section 194.321 - Recipients and donors, COVID-19 vaccination status not to be considered, when, exception.

Section 194.350 - Disposition of cremated remains — if no directions are given, procedure, notice.

Section 194.360 - Veterans, cremated remains — definitions — funeral establishment or coroner, authorized release of identifying information, to whom — release of remains, when — immunity from liability.

Section 194.375 - Citation of law — definitions.

Section 194.378 - Final disposition of fetal remains, mother has right to determine.

Section 194.381 - Means of disposition.

Section 194.384 - Written standards required for protection of mother's right to determine final disposition.

Section 194.387 - Miscarriage — mother's right to determine final disposition of remains — counseling made available, when.

Section 194.390 - Right to legal abortion not affected.

Section 194.400 - Definitions.

Section 194.405 - Scope of law.

Section 194.406 - Unmarked human burials, knowledge or discovery — notice to local law enforcement officer or state historic preservation officer — jurisdiction, how determined.

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.

Section 194.408 - State historic preservation officer, reinterment, duties — consultation with advisory council on historic preservation, when — conformity with federal law.

Section 194.410 - Human burial sites — knowingly disturb, penalty — appropriation for sale, penalty.

Section 194.425 - Abandonment of a corpse without notifying authorities, penalty.

Section 194.500 - Definitions.

Section 194.503 - Right-of-way — use of lead vehicles — emergency vehicles with right-of-way, when.

Section 194.506 - Following distance — flashing emergency lights used, when — toll-free passage, when.

Section 194.509 - Regulations for nonparticipating vehicle operators — violations, penalty.

Section 194.512 - Use of amber lights for motorcycles — ordinances permitted.