Effective - 01 Jan 2017, 4 histories
630.165. Suspected abuse of patient, report, by whom made, contents — effect of failure to report — penalty. — 1. When any physician, physician assistant, dentist, chiropractor, optometrist, podiatrist, intern, resident, nurse, nurse practitioner, medical examiner, social worker, licensed professional counselor, certified substance abuse counselor, psychologist, other health practitioner, minister, Christian Science practitioner, peace officer, pharmacist, physical therapist, facility administrator, nurse's aide, orderly or any other direct-care staff in a residential facility, day program, group home or developmental disability facility as defined in section 633.005, or specialized service operated, licensed, certified, or funded by the department or in a mental health facility or mental health program in which people may be admitted on a voluntary basis or are civilly detained pursuant to chapter 632, or employee of the departments of social services, mental health, or health and senior services; or home health agency or home health agency employee; hospital and clinic personnel engaged in examination, care, or treatment of persons; in-home services owner, provider, operator, or employee; law enforcement officer, long-term care facility administrator or employee; mental health professional, probation or parole officer, or other nonfamilial person with responsibility for the care of a patient, resident, or client of a facility, program, or service has reasonable cause to suspect that a patient, resident or client of a facility, program or service has been subjected to abuse or neglect or observes such person being subjected to conditions or circumstances that would reasonably result in abuse or neglect, he or she shall immediately report or cause a report to be made to the department in accordance with section 630.163.
2. Any person who knowingly fails to make a report as required in subsection 1 of this section is guilty of a class A misdemeanor and shall be subject to a fine up to one thousand dollars. Penalties collected for violations of this section shall be transferred to the state school moneys fund as established in section 166.051 and distributed to the public schools of this state in the manner provided in section 163.031. Such penalties shall not considered charitable for tax purposes.
3. Every person who has been previously convicted of or pled guilty to failing to make a report as required in subsection 1 of this section and who is subsequently convicted of failing to make a report under subsection 2 of this section is guilty of a class E felony and shall be subject to a fine up to five thousand dollars. Penalties collected for violation of this subsection shall be transferred to the state school moneys fund as established in section 166.051 and distributed to the public schools of this state in the manner provided in section 163.031. Such penalties shall not considered charitable for tax purposes.
4. Any person who knowingly files a false report of vulnerable person abuse or neglect is guilty of a class A misdemeanor and shall be subject to a fine up to one thousand dollars. Penalties collected for violations of this subsection shall be transferred to the state school moneys fund as established in section 166.051 and distributed to the public schools of this state in the manner provided in section 163.031. Such penalties shall not considered charitable for tax purposes.
5. Every person who has been previously convicted of or pled guilty to making a false report to the department and who is subsequently convicted of making a false report under subsection 4 of this section is guilty of a class E felony and shall be subject to a fine up to five thousand dollars. Penalties collected for violations of this subsection shall be transferred to the state school moneys fund as established in section 166.051 and distributed to the public schools of this state in the manner provided in section 163.031. Such penalties shall not considered charitable for tax purposes.
6. Evidence of prior convictions of false reporting shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior convictions.
7. Any residential facility, day program, or specialized service operated, funded, or licensed by the department that prevents or discourages a patient, resident, client, employee, or other person from reporting that a patient, resident, or client of a facility, program, or service has been abused or neglected shall be subject to loss of their license issued pursuant to sections 630.705 to 630.760 and civil fines of up to five thousand dollars for each attempt to prevent or discourage reporting.
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(L. 1980 H.B. 1724 § 630.165 subsecs. 1 to 4, A.L. 1996 S.B. 884 & 841, A.L. 2003 S.B. 556 & 311, A.L. 2007, S.B. 3, A.L. 2008 S.B. 1081, A.L. 2011 H.B. 555 merged with H.B. 648, A.L. 2014 S.B. 491)
Effective 1-01-17
Structure Missouri Revised Statutes
Title XL - Additional Executive Departments
Chapter 630 - Department of Mental Health
Section 630.005 - Definitions.
Section 630.015 - Director, appointment — duties of commission.
Section 630.020 - Departmental goals, duties.
Section 630.030 - Division directors, appointment, removal — appointment of other general personnel.
Section 630.035 - Appointment of facility heads, medical staffs.
Section 630.040 - Facility administrative officers to have general charge and control.
Section 630.045 - Appointment of persons for civil involuntary detention actions.
Section 630.050 - Rules, promulgation, procedure — public inspection — facility policies.
Section 630.053 - Mental health earnings fund — uses — rules and regulations, procedure.
Section 630.055 - Research activities by department.
Section 630.060 - Cooperation with other groups.
Section 630.065 - Planning activities by department.
Section 630.070 - Workers' compensation law extended to employees of department.
Section 630.075 - Personnel recruitment, development and training.
Section 630.085 - Annual report by director, to whom, when, contents.
Section 630.095 - Copyrights and trademarks by department.
Section 630.110 - Patient's rights — limitations.
Section 630.115 - Patient's entitlements — administrative review of violations.
Section 630.120 - No presumptions.
Section 630.125 - Explanation of rights and entitlements.
Section 630.127 - Notification protocols — rulemaking authority.
Section 630.130 - Electroconvulsive therapy, procedure — prohibitions — attorney's fees.
Section 630.133 - Psychosurgery, consent required — not to be performed by department.
Section 630.135 - Rules regarding patient's rights.
Section 630.150 - Disclosure of absence to be made, when, to whom.
Section 630.155 - Mistreatment of patient — defined — penalty.
Section 630.160 - Furnishing unfit food — defined — penalty.
Section 630.161 - Investigation of reports of vulnerable person abuse, when.
Section 630.162 - Mandatory reporters — preventing or discouraging reporting, penalty.
Section 630.163 - Mandatory reporting requirements.
Section 630.164 - Immunity from liability, when.
Section 630.168 - Suspected abuse to be reported.
Section 630.180 - Treatment by religious practice to be permitted.
Section 630.183 - Officers may authorize medical treatment for patient.
Section 630.186 - Purchase of food limited to that for use of patients.
Section 630.192 - Limitations on research activities in mental health facilities and programs.
Section 630.198 - Duties of research review committee.
Section 630.199 - Research involving persons civilly detained, sections applicable.
Section 630.200 - Discrimination prohibited.
Section 630.202 - Essential caregiver designation, procedure, requirements.
Section 630.305 - Funds of patient, control, expenditure, return, safekeeping.
Section 630.310 - Receipt of funds of patient, procedure.
Section 630.315 - Department may become payee for patient, procedure.
Section 630.320 - Disposition of unclaimed funds of patient — escheats, procedure.
Section 630.325 - Disposition of unclaimed personal property of patient.
Section 630.335 - Canteens and commissaries authorized — operation.
Section 630.340 - Sheltered workshops and activity centers authorized — operation.
Section 630.350 - Limitation on bank accounts.
Section 630.410 - Evaluation of contracts.
Section 630.415 - Terms of contracts.
Section 630.420 - Affiliation agreements from vendors required.
Section 630.425 - Incentive grants authorized — rules and regulations — duration of grants.
Section 630.430 - Commissioner of administration to make rules and regulations for incentive grants.
Section 630.435 - Affiliation agreements from grantees required.
Section 630.440 - Payment to grantees, procedure.
Section 630.445 - Records required of vendors or grantees, contents — access for inspection.
Section 630.450 - Duplication of programs to be avoided.
Section 630.455 - Attorney general to seek restitution for department.
Section 630.462 - Contractors for community psychiatric rehabilitation, reviews, how conducted.
Section 630.505 - Department to name facilities.
Section 630.510 - Inventory of facilities — plan for new facilities.
Section 630.525 - Destruction of obsolete structures — procedure.
Section 630.535 - Unneeded property may be transferred to another state agency — procedure.
Section 630.540 - Proposed transfers and conveyances to be reviewed.
Section 630.545 - Board and living quarters for employees of facilities.
Section 630.575 - Council created, members, duties, terms, meetings.
Section 630.580 - Education and awareness programs established — cooperation of state agencies.
Section 630.605 - Placement programs to be maintained.
Section 630.610 - Applications for placement — criteria to be considered.
Section 630.615 - Program standards to be considered — prior to placement.
Section 630.620 - Facilities and programs to be utilized in making placements.
Section 630.625 - Consent required for placement.
Section 630.630 - Alternative proposals to be prepared.
Section 630.640 - Costs of benefits may be paid by department — recovery.
Section 630.645 - Follow-up care.
Section 630.650 - Cooperation with department of social services.
Section 630.655 - Rules for standards for placement facilities and programs — required standards.
Section 630.656 - Waiver or exception request of administrative rule or standard, procedure.
Section 630.660 - Written contracts required.
Section 630.710 - Required standards.
Section 630.715 - Licensing of residential facilities and day programs — fee — affidavit.
Section 630.730 - Inspection by department and others, when — may be ordered, when.
Section 630.735 - License required.
Section 630.760 - Patients to have same rights as those for residents of nursing homes.
Section 630.763 - Receiver may be requested, by whom, when.
Section 630.772 - Emergency procedure.
Section 630.775 - Powers and duties of receiver.
Section 630.781 - Compensation of receiver.
Section 630.784 - Receiver may receive license.
Section 630.787 - Receivership may be terminated by court, when.
Section 630.793 - Liabilities of receivers and licensees.
Section 630.810 - Compact enacted — form.
Section 630.815 - Director of department to make rules — cooperate in administration.
Section 630.820 - Supplementary agreements authorized, when effective.
Section 630.825 - Expenses, how paid.
Section 630.830 - Transfer of patient, duty of administrator.
Section 630.835 - Copies of law furnished other states.
Section 630.850 - Compact enacted — form.
Section 630.855 - Contracts authorized, limitations.
Section 630.925 - Mental health fatality review panel established, members, duties.
Section 630.927 - Rulemaking authority.
Section 630.950 - Immunity from liability, when.
Section 630.975 - Rulemaking authority — disclosure of records, when.