HB 436 -- Mental Health Patient Abuses

Sponsor:  Zweifel

This bill creates the crime of abuse of a mental health patient
in the first, second, and third degrees; sexual contact with a
mental health patient; and sexual intercourse with a mental
health patient.

A person commits the crime of abuse of a mental health patient in
the first degree, a class A felony, if the person attempts to
kill or knowingly causes or attempts to cause serious physical
injury to any person receiving mental health services.

A person commits the crime in the second degree, a class B
felony, if the health care provider knowingly causes or attempts
to cause physical injury to a mental health patient by means of a
deadly weapon or recklessly causes serious physical injury to a
mental health patient.

A health care provider commits the crime in the third degree, a
class A misdemeanor, if the provider:

(1)  Knowingly causes or attempts to cause physical contact with
a patient knowing the patient will regard the contact as harmful
or provocative;

(2)  Knowingly engages in conduct on more than one occasion that
causes grave emotional distress to a patient;

(3)  Purposely or knowingly places a patient in apprehension of
immediate physical injury;

(4)  Intentionally fails to provide care to a patient in a manner
consistent with an acceptable course of treatment for the person;
and

(5)  Knowingly acts or knowingly fails to act in a manner which
results in a grave risk to the life or health of a patient.

The bill requires any health care provider who has reason to
suspect that the patient has been subjected to abuse or neglect
to immediately report the abuse to the Department of Mental
Health.  Failure to make this report, or filing a false report,
is a class A misdemeanor.  A second or subsequent offense is a
class D felony.  Any person or institution making a report in
good faith is immune from civil or criminal liability.

It is illegal for an owner or employee of a mental health
facility or an Alzheimer's unit to have sexual contact, sexual
intercourse, or deviate sexual intercourse with a patient.
Consent of the victim is not a defense to these crimes.  Sexual
contact with a patient is a class B misdemeanor; a second or
subsequent offense is a class D felony.  Sexual intercourse or
deviate sexual intercourse with a patient is a class A
misdemeanor; a second or subsequent offense is a class C felony.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:19 pm