SECOND REGULAR SESSION
HOUSE BILL NO. 1254
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SCHAAF (Sponsor), PHILLIPS, BIVINS, BAKER (25), THRELKELD, CUNNINGHAM (86), WRIGHT (159), DUSENBERG, MOORE, FISHER, YAEGER, EMERY, KUESSNER, WILDBERGER AND LEMBKE (Co-sponsors).
Read 1st time January 5, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
To amend chapter 577, RSMo, by adding thereto one new section relating to intoxication-related traffic offenses.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 577, RSMo, is amended by adding thereto one new section, to be known as section 577.035, to read as follows:
577.035. 1. If a person who is examined or treated at a medical facility leaves such facility and in the judgment of the licensed health care provider, the person is under the influence of alcohol, a controlled substance, or drug, or any combination thereof to an extent that it would prevent such person from safely operating a motor vehicle and the licensed health care provider reasonably suspects that the person may attempt to operate a motor vehicle in such condition, then such licensed health care provider shall notify a law enforcement agency. Such notification shall include, to the extent known by the licensed health care provider, the person's name, physical description, vehicle identifying information, location and destination, and other information requested by the law enforcement agency pertinent to identifying and locating the person and to assessing the person's ability to safely operate a motor vehicle.
2. Any person who makes a notification in good faith under this section, as well as any hospital or other entity that employs such person or with which such person is otherwise associated, shall be immune from any civil liability that otherwise might result by reason of such action.
3. This section shall not be interpreted or held to establish any duty or other basis for civil liability to anyone on the part of a licensed health care provider or any hospital or other entity that employs a licensed health care provider or with which a licensed health care provider is otherwise associated.
4. Any other provision of law notwithstanding, no agency, including but not limited to the department of public safety, the department of revenue, and each licensing board or commission, shall have authority to promulgate rules to implement this section or to take action to enforce this section against a licensed health care provider or any hospital or other entity that employs a licensed health care provider or with which a licensed health care provider is otherwise associated.
5. As used in this section "licensed health care provider" means any physician, dentist, chiropractor, optometrist, podiatrist, resident, intern, nurse, hospital or clinic personnel that are engaged in the examination, care, treatment or research of persons, and any other health practitioner, psychologist, or mental health professional.