SB 3 Enacts provisions on mental health reform
Sponsor: Gibbons
LR Number: 0580S.14T Fiscal Note: 0580-13
Committee: Health and Mental Health
Last Action: 7/13/2007 - Signed by Governor Journal Page:
Title: CCS HCS#2 SS SCS SB 3 Calendar Position:
Effective Date: August 28, 2007
House Handler: Stevenson

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CCS/HCS#2/SS/SCS/SB 3 - This act modifies various provisions relating to mental health.

VULNERABLE PERSONS

This act defines "vulnerable person" as any person in the custody, care, or control of the department that is receiving services from an operated, funded, licensed, or certified program. This act also creates the crime of "vulnerable person abuse" and provides for mandatory reporting of suspected vulnerable person abuse as well as investigation protocols. (Sections 565.210 to 565.220, 630.005, 630.163)

SEX OFFENDER NOTIFICATION

This act provides that the Department of Mental Health shall develop rules, guidelines, and protocols for an initial notification to parents or guardians of a resident when first entering the care and custody of the department regarding the possibility of being placed in a facility with another resident who is either a registered sexual offender or who has been determined to lack capacity to stand trial for offenses the resident would have otherwise been required to register as a sexual offender. Such rules and protocols shall include the process and mechanisms for assessing risk, for planning and providing care and safety, and for the provision of services and supports necessary to mitigate risk for persons residing in a state mental health facility.

The department shall also notify a parent or guardian of a resident that a registered sexual offender is residing in or has been placed in the same state facility as the resident. Such protocols shall also provide a mechanism for the parent or guardian to raise any concerns and to seek consultation prior to placement of the registered sexual offender.

The department shall also develop rules and protocols to obtain consent from the parent or guardian of a resident who has been determined to lack capacity to stand trial for offenses the resident would have otherwise been required to register as a sexual offender to disclose his or her name and criminal charges to the other parents or guardians of residents residing in the same facility. Such request for disclosure shall inform all parties of the steps to be taken in the event consent to disclose is given or denied. Refusal to grant consent under this subsection by a parent or guardian shall not prevent placement. (Section 630.127)

ABUSE AND NEGLECT INVESTIGATIONS

Under current law the findings of abuse and neglect investigations conducted by the Department of Mental Health are confidential and reports of the investigations can only be issued to the parent or guardian of the Department of Mental Health client who is the subject of the investigation. This act makes the final reports of substantiated Department of Mental Health abuse and neglect investigations at state facilities and contract providers issued on or after August 28, 2007, available as public documents, with restrictions on the release of any identifying information about clients and staff. (Section 630.167)

This act also provides that records and files maintained in any court proceeding shall be confidential and available to the Missouri state highway patrol for reporting to the National Instant Criminal Background Check System (NICS). (Section 630.140).

This act increases the penalty for a mandated reporter not reporting abuse and neglect from an infraction to a Class A misdemeanor. This act also imposes sanctions and penalties on providers that prevent or discourage the reporting of abuse and neglect. (Section 630.165)

CIVIL IMMUNITY AND ADMINISTRATIVE PENALTIES

This act gives civil immunity to employees of the Department of Mental Health and contract providers who engage in discussion with the intent to help ensure that facilities and providers are aware of past history of potential employees that might create a danger to clients. (Section 630.950)

This act increases the penalty for community providers who do not correct problems cited by the Department of Mental Health in licensing inspections. The current fine is 100 dollars per day. This act increases the penalty for up to 10,000 dollars per day. (Section 630.755)

LICENSURE

The Department of Mental Health shall notify the Department of Health and Senior Services within ten days of revoking a license of an operator of a facility. If the Department of Health and Senior Services has not already done so, the department shall, within 30 days of such notice, initiate an investigation of the facility to determine whether licensure action is appropriate. (Section 630.725)

MENTAL HEALTH FATALITY REVIEW PANEL

This act establishes a mental health fatality review panel to review all suspicious deaths of clients of the Department of Mental Health. (Sections 630.925 to 630.927)

The director of the Department of Mental Health shall promulgate rules, guidelines and protocols for hospitals and physicians to use to help them identify suspicious deaths of clients in the care and custody of the department. (Section 630.975)

ADRIANE CROUSE