Missouri Revised Statutes
Chapter 199 - Rehabilitation Center — Head Injury — Tuberculosis Testing and Commitment
Section 199.003 - Injury prevention, brain injury rehabilitation and local health services, department responsible — powers — duties.

Effective - 28 Aug 2011
199.003. Injury prevention, brain injury rehabilitation and local health services, department responsible — powers — duties. — 1. The department shall have the responsibility, subject to appropriations, of ensuring that injury prevention and brain injury rehabilitation evaluation, service coordination, treatment, rehabilitation, and community support services are accessible, wherever possible.
2. The powers, functions and duties of the department shall include the following:
(1) Planning and implementing, in cooperation with the Missouri brain injury advisory council, accessible programs to promote rehabilitation and community reintegration of persons with brain injuries;
(2) Provision of technical assistance and training to community-based programs assisting persons with brain injuries;
(3) Assurance of quality for brain injury services funded by the department;
(4) Sponsorship and encouragement of research into the causes, effects, prevention, treatment and rehabilitation of injuries and appropriateness and cost and benefit effectiveness of brain injury rehabilitation, residential programs and specialized services;
(5) Provision of public information relating to injury prevention and brain injury treatment and rehabilitation;
(6) Cooperation with nonstate governmental agencies and private sector programs and projects relating to injury prevention and brain injury treatment and rehabilitation;
(7) Receiving federal grants and aids for injury prevention and for persons with brain injuries and brain injury rehabilitation under the terms of the grants and aids and administering or paying them out. The director shall approve such applications for federal assistance administered through the department as may be considered advisable in consultation with the Missouri brain injury advisory council;
(8) Promulgating rules under the provisions of this section, as necessary to prescribe policies or standards which affect charging and funding of adult brain injury rehabilitation services. The rules applicable to each program or service operated or funded by the department shall be available for public inspection and review at such program or service. The rules and policies shall be compatible with and appropriate to the program mission, population served, size, type of service, and other reasonable classifications;
(9) Promulgating reasonable rules relative to the implementation of participant rights described in sections 199.001 to 199.051;
(10) Promulgating rules setting forth a reasonable standard means test which shall be applied to all programs and services funded by the department in determining eligibility for such services.
3. 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, 2011, shall be invalid and void.
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(L. 1991 H.B. 218 merged with S.B. 125 & 341, A.L. 2011 H.B. 464)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 199 - Rehabilitation Center — Head Injury — Tuberculosis Testing and Commitment

Section 199.001 - Definitions.

Section 199.003 - Injury prevention, brain injury rehabilitation and local health services, department responsible — powers — duties.

Section 199.007 - Brain injury advisory council, advisory body to department.

Section 199.009 - Contracts with public or private vendors, allowed — brain injury, department to secure comprehensive program, contents.

Section 199.010 - Missouri rehabilitation center, University of Missouri to operate, duties for brain injury — department to provide rehabilitation and tuberculosis treatment.

Section 199.020 - Residence of officers — rent, how established — expiration thirty days after transfer of Missouri rehabilitation center to University of Missouri.

Section 199.029 - Rules and regulations, general operating rules, department to promulgate — procedure — exception.

Section 199.031 - Federal grants, department may receive, purposes — application.

Section 199.033 - Records to be confidential — disclosure upon request, certain persons, when — disclosure to be documented.

Section 199.037 - Patient rights, rules and regulations, director to promulgate — exception.

Section 199.039 - Means test, determination of amount to charge for services, director to promulgate rules and regulations.

Section 199.041 - Probate court to notify department, when — estate subject to means test, when, procedure — appeal of decision of director.

Section 199.043 - Discrimination prohibited.

Section 199.051 - Inspections, department may conduct, when.

Section 199.170 - Definitions.

Section 199.180 - Local health agency may institute proceedings for commitment — emergency temporary commitment permitted, when.

Section 199.190 - Patients not to be committed, when.

Section 199.200 - Procedure in circuit court — duties of local prosecuting officers — costs — emergency temporary commitment, procedures.

Section 199.210 - Rights of patient, witnesses — order of court — transportation costs — department may contract for care.

Section 199.220 - Order appealable.

Section 199.230 - Confinement on order, duration.

Section 199.240 - Consent required for medical or surgical treatment.

Section 199.250 - Facilities, contracts with, costs, how paid.

Section 199.260 - Apprehension and return of patient leaving rehabilitation center without discharge.

Section 199.270 - Proceedings for release of patient.

Section 199.275 - Active tuberculosis, infected persons, unlawful acts — violation, penalty.

Section 199.280 - Department authority in response to outbreaks.

Section 199.290 - Mandatory testing of health care facility workers — higher education, students and faculty, testing program required — rulemaking authority.

Section 199.350 - Nursing homes and correctional centers, authority to promulgate rules for testing.