HB 435 -- Mental Health Patient Abuse

Sponsor:  Stevenson

This bill creates the crime of abuse of a vulnerable person in
the first, second, and third degrees.  A "vulnerable person" is
defined as a person with a physical or mental disability who is
unable to protect his or her own interests.

A person commits the crime of abuse of a vulnerable person 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 vulnerable person 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 that 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;
or

(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 also:

(1)  Requires that when abuse is suspected a written or verbal
report should be made to the appropriate authorities.  Failure to
do so in a reasonable amount of time will be a class A
misdemeanor and may be subject to a $500 fine;

(2)  Specifies that any residential facility, day program, or
specialized service operated, funded, or licensed by the
Department of Mental Health that prevents or discourages a person
from reporting abuse or neglect is subject to a loss of license
and civil fines up to $5,000;

(3)  Requires identifying information in investigative reports
pertaining to abuse and neglect to remain confidential.  The
information may only be released to the parent or guardian;

(4)  Changes potential civil penalties for noncompliance with
rules and standards for treatment of persons affected by mental
disorders from $100 to $10,000;

(5)  Requires the department director to establish a panel to
review the deaths of all adults in the care and custody of the
department and to establish guidelines for the fatality review
panel, coroners, medical examiners, hospitals, and physicians to
identify suspicious deaths;

(6)  Specifies that no civil action may be taken against any
employee who reports or discusses job performance that affects
the safety of consumers; and

(7)  Requires a hospital, medical professional, mental health
professional, or department facility to release all records of
any client in the care and custody of the department to the
review panel.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:19 am