SECOND REGULAR SESSION

[PERFECTED WITH PERFECTING AMENDMENT]

HOUSE BILL NO. 1085

90TH GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVE SELBY.

Pre-filed December 1, 1999, and 1000 copies ordered printed.

Read 1st time January 5, 2000.

Read 2nd time January 6, 2000, and referred to the Committee on Public Health, January 6, 2000.

Reported from the Committee on Public Health, February 7, 2000, with recommendation that the bill Do Pass by Consent.

Perfected by Consent February 21, 2000.

ANNE C. WALKER, Chief Clerk

2476L.01P


AN ACT

To repeal section 630.705, RSMo 1994, relating to standards for mental health facilities, and to enact in lieu thereof one new section relating to the same subject.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 630.705, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 630.705, to read as follows:

630.705. 1. The department shall promulgate rules setting forth reasonable standards for residential facilities and day programs for persons who are affected by a mental disorder, mental illness, mental retardation or developmental disability.

2. The rules shall provide for the facilities and programs to be reasonably classified as to resident or client population, size, type of services or other reasonable classification. The department shall design the rules to promote and regulate safe, humane and adequate facilities and programs for the care, treatment, habilitation and rehabilitation of persons described in subsection 1 of this section.

3. The following residential facilities and day programs shall not be licensed by the department:

(1) Any facility or program which relies solely upon the use of prayer or spiritual healing;

(2) Any educational, special educational or vocational program operated, certified or approved by the state board of education [under] pursuant to chapters 161, 162 and 178, RSMo, and regulations promulgated by the board;

(3) Any hospital, facility, program or entity operated by this state or the United States; except that facilities operated by the department shall meet these standards;

(4) Any hospital, facility or other entity, excluding those with persons who are mentally retarded and developmentally disabled as defined in section 630.005 otherwise licensed by the state and operating under such license and within the limits of such license, unless the majority of the persons served receive activities and services normally provided by a licensed facility [under] pursuant to this chapter;

(5) Any hospital licensed by the department of social services as a psychiatric hospital [under] pursuant to chapter 197, RSMo;

(6) Any facility or program accredited by the Joint Commission on Accreditation of Hospitals, the American Osteopathic Association, Accreditation Council for Services for Mentally Retarded or other Developmentally Disabled Persons, Council on Accreditation of Services for Children and Families, Inc., or the Commission on Accreditation of Rehabilitation Facilities;

(7) Any facility or program caring for less than four persons whose care is not funded by the department.



Missouri House of Representatives