SB 974 Modifies public safety provisions relating to mental health services
Sponsor: Engler
LR Number: 4413S.01I Fiscal Note: 4413-01
Committee: Health and Mental Health
Last Action: 2/26/2008 - Voted Do Pass S Health and Mental Health Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2008

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Current Bill Summary


SB 974 - This act modifies various provisions relating to mental health services.

This act modifies the good Samaritan statute to allow any other person, regardless of training, to intervene in an attempted suicide with immunity from liability. SECTION 537.037

Under current law, physical and chemical restraints cannot be used on patients, residents or clients of a mental health facility or mental health program except under certain circumstances. This act allows security escort devices to be used on individuals who have been civilly committed when they are transported outside a mental health facility if the head of the facility or the attending physician finds it necessary to protect the health and safety of the individual or others or to prevent escape. Security escort devices shall be used on individuals who have been civilly committed under the sexually violent predator statutes or who have been criminally committed when they are transported outside a mental health facility, unless it is determined by the head of the facility or the attending physician that it is not necessary to protect the health and safety of the individual or others or to prevent escape. The head of a mental health facility may also use extraordinary measures to ensure the safety and security of patients, residents, clients, or others during times of natural or man-made disasters. Use of the security escort devices or the extraordinary measures during the circumstances described in this act shall not be considered restraint, seclusion or isolation as generally prohibited by statute. SECTION 630.175

This act also specifies that the release of client information must be consistent with requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). SECTION 630.140

Under current law, mental health coordinators must be employed by the State of Missouri. This act provides that such coordinators may be contract employees or work for community health providers. SECTIONS 630.045 AND 632.005

Also under current law, certain mental health care professionals are immune from liability for detaining, transporting, conditionally releasing or discharging a person under the mental health or guardianship statutes at or before the end of the period for which the person was admitted or detained for evaluation or treatment so long as such duties were performed in good faith and without gross negligence. This act add investigating to the list of actions immune from liability. SECTION 632.440

This act is substantially similar to provisions in HCS/SCS/SB 1081 (2008).

ADRIANE CROUSE