Missouri Senate

House Committee Substitute

DOMESTIC VIOLENCE (SECTIONS 43.545, 455.543, AND 455.545)

Currently, the Missouri State Highway Patrol must include all reported domestic violence incidents for compilation in the "Crime in Missouri". This act removes the reference to "Crime in Missouri" and provides instead that the incidents must be reported for compilation in the annual crime report published by the Department of Public Safety.

This act removes time requirements in current law for the required reporting by law enforcement agencies of domestic-violence related homicides and suicides to the Missouri State Highway Patrol. In addition, this act requires the Highway Patrol to presents its annual report on domestic-violence related homicides and suicides to the Governor and General Assembly by March 1 rather than February 1.

These provisions are identical to provisions in SCS/SB 921 (2016) and HB 1930 (2016).

URBAN SEARCH AND RESCUE TASK FORCES (SECTIONS 44.010 AND 44.032)

Under this act, any urban search and rescue task force is eligible to receive funds from the Missouri Disaster Fund for any reasonable and necessary expenditures incurred in the course of responding to any declared emergency.

This act requires the Department of Public Safety, in cooperation with any statewide organization representing broadcasters, to establish a program for training and certifying broadcast engineers and technical personnel as first informer broadcasters.

The program must provide training and education concerning the restoration, repair, and resupply of broadcaster facilities and equipment in emergency or disaster areas and the personal safety of first informer broadcasters.

UNARMED SECURITY GUARDS (SECTION 84.720)

This provision stipulates that any individual who holds an occupational license issued by the Missouri Gaming Commission for the purpose of performing the duties of an unarmed security guard while working on an excursion gambling boat, or at a facility adjacent to an excursion gambling boat, shall be exempt from certain licensing requirements.

This provision is identical to HB 2362 (2016) and a provision in SCS/HCS/HB 1964 (2016).

MOU/POLICIES ON SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING (SECTION 173.2050)

This provision requires the governing board of each public institution of higher education in Missouri to engage in discussions with law enforcement agencies and enter into a memorandum of understanding (MOU) concerning sexual assault, domestic violence, dating violence, and stalking involving students on and off campus.

The MOU must contain detailed policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving students that comports with the best and current professional practices, and set out the procedural requirements for the reporting of an offense, protocol for establishing jurisdiction, and criteria for determining when an offense must be reported to law enforcement.

This provision is identical to SB 1085 (2016) and HB 1678 (2016), as well as certain provisions in HCS/HB 1930 (2016) and HB 1972 (2016).

REGIONAL EMS COMMITTEE (190.102 & 190.103)

Current law provides a list of topics that Regional EMS Advisory Committees are to advise and provide recommendations to the region and Department of Health and Senior Services on.

These provisions add community and regional time critical diagnosis plans to the list. In addition, the Regional EMS Medical Director must serve as a member of the Regional EMS Committee.

This act also provides that the Regional EMS Medical Director must serve a four-year term. The southwest, northwest, and Kansas City regional EMS medical directors must be elected to an initial two-year term. The central, east central, and southeast Regional EMS Medical Director must be elected to an initial four-year term.

These provisions are identical to provisions in HCS/HB 2135 (2016) and substantially similar to provisions in SCS/SB 895 (2016), SCS/HCS/HB 1964 (2016) and HCS/HB 868 (2015).

TRANSFERS OF CERTAIN PATIENTS (190.144 & 190.240)

This provision provides that no licensed emergency medical technician, if acting in good faith and without gross negligence, is liable for transporting persons ordered detained as a result of drug or alcohol abuse or a mental disorder or for physically or chemically restraining an at-risk behavioral health patient if the restraint is to ensure the safety of the patient or technician.

The provision further requires hospitals and nursing homes to have policies and procedures that require the hospital or facility to give advance notification to emergency medical services personnel prior to the transportation of any at-risk behavioral health patient.

Any physician treating an at-risk behavioral patient in an emergency situation who, after assessing the patient, determines that there is a reasonable cause to believe there is a likelihood that the patient may cause an imminent serious harm to himself, herself, or others unless the patient is immediately transported to another appropriate facility may place the patient on a temporary involuntary hold for a period of time necessary to effectuate the patient's transport. During the transport, the emergency medical services personnel may rely on the physician’s hold order as a basis for implied consent to treat and transport the patient and shall not be liable for any claims of negligence, false imprisonment, or invasion of privacy based on such temporary hold, treatment, or transport of the patient.

These provisions are identical to provisions in HCS/HB 2135 (2016), substantially similar to provisions in SCS/HCS/HB 1964 (2016) and SCS/SB 895 (2016) and similar to HB 1148 (2015) and to provisions contained in HCS/HB 868 (2015).

CAUSE FOR DISCIPLINE FOR LICENSED EMS PROVIDERS (190.165 & 190.173)

Currently, the Department of Health and Senior Services may cause a complaint to be filed with the Administrative Hearing Commission against a holder of certain emergency-service-related certificates, licenses, or permits if the person violates certain specified regulations. This act modifies the list of regulations.

In addition, this act requires the Department to explain to a licensee who is the subject of an investigation that the licensee has the right to legal counsel, have anyone present he or she desires, and refuse to answer any question or provide any written statement. This act specifies that the assertion of any of the above rights is not to be deemed as a failure to cooperate.

Under this act, the Department may impose a suspension or revocation as a disciplinary action only if it first files a complaint with the administrative hearing commission. The commission is not permitted to grant summary judgement if the licensee files an answer contesting the department's complaint.

Under this act, all complaints, investigatory reports, and information pertaining to any applicant, holder of any certificate, permit, or license, or other individual are confidential and must only be disclosed upon written consent of the person whose records are involved or to other administrative or law enforcement agencies acting with the scope of their statutory authority. No applicant, holder of any certificate, permit, or license, or other individual shall have access to any complaints, investigatory reports, or information concerning an investigation in progress.

This act provides that certain information regarding licensees and final disciplinary actions is not confidential.

These provisions are identical to provisions in HCS/HB 2135 (2016) and substantially similar to provisions contained in SCS/SB 895 (2016), SCS/HCS/HB 1964 (2016) and HCS/HB 868 (2015).

STROKE CENTER DESIGNATIONS (SECTION 190.241 AND 192.737)

This act provides for an alternative stroke center designation for a hospital. The Department of Health and Senior Services shall designate a hospital, upon receipt of an application, as follows: (1) a level I stroke center if the hospital has been certified as a comprehensive stroke center by the Joint Commission or another certifying organization; (2) a level II stroke center if the hospital has been certified as primary stroke center by the Joint Commission or other certifying organization; or (3) a level III stroke center if the hospital has been certified as a acute stroke-ready hospital by the Joint Commission or other certifying organization. The Department shall not require compliance with any additional standards for establishing or renewing stroke designations and the designation shall continue as long as the hospital remains certified. The Department may remove a hospital's designation if the hospital so requests or if the Department determines the certification has been suspended or revoked.

Any hospital receiving this alternative designation shall submit annual proof of certification and other contact information, as well as the certification survey results and other specified documents.

Hospitals designated as STEMI or stroke centers shall submit data to the Department for use in the evaluation and improvement of hospital and emergency medical services' trauma, stroke, and STEMI care. The hospitals shall submit data to the Department as described in the act.

This provision further stipulates that the Department shall also use patient abstract data collected from hospital infection reporting, the trauma registry, motor vehicle crash and outcome data, and other publicly available data to provide information and create reports for the purpose of data analysis and needs assessment of traumatic brain and spinal cord-injured persons.

These provisions are identical to HB 2518 (2016) and substantially similar to provisions in SCS/HCS/HB 1964 (2016) and SB 1060 (2016).

FIRST INFORMER BROADCASTER ACT (SECTION 190.260)

Under this act, state and local governmental agencies must allow first informer broadcasters access to emergency or disaster areas to restore, repair, or resupply critical broadcaster facilities and equipment.

The statewide association involved in establishing the training program must pay the costs of developing and implementing the program.

This provision is identical to a provision in SCS/HB 1606 (2016) and similar to HCS/HB 296 (2015).

MANDATED REPORTERS OF ELDER ABUSE (SECTIONS 192.2400, 192.2405, 192.2475, AND 565.188)

Under current law, certain individuals are required to report incidents of elder abuse to the Department of Health and Senior Services. This act adds first responders, as defined in the act, to the list of mandated reports. Additionally, this act requires reporters to report incidents of bullying to the Department. "Bullying" is defined as intimidation or harassment that causes a reasonable person to fear for his or her physical safety or property and may consist of physical actions, cyberbulling, oral, written, or electronic communication, or retaliation for reporting such acts.

These provisions become effective January 1, 2017.

These provisions are identical to HB 2212 (2016).

DIVISION OF ALCOHOL AND TOBACCO CONTROL FUND (SECTION 311.735)

Currently the Division of Alcohol and Tobacco Control Fund is to be used for the administration of chapter 311 and certain tobacco-related sections of chapter 407 and any duties under such chapter and sections relating to licensing, training, technical assistance, and regulations.

This act adds the implementation and enforcement of the alcohol and tobacco laws and specifies that the fund may be used for regulations needed for administering, implementing, and enforcing such laws.

This provision is identical to HB 2028 (2016) and HB 2445 (2016).

PEACE OFFICERS (SECTION 590.040)

Under current law, with certain exceptions, the minimum number of hours of basic training for licensure as a peace officer is set by the Peace Officer Standards and Training Commission (POST) at no lower than 470 and no higher than 600. This act provides that any peace officer obtaining licensure after August 28, 2020 who is employed in a charter county or the City of St. Louis is required to have a minimum of 1000 hours of training at a nationally accredited training facility. Furthermore, any reserve officer serving in St. Louis County is required to work at all times work in the accompaniment of a full-time commissioned officer while performing enforcement duties. The POST Commission may grant a waiver of this requirement upon written request by a law enforcement agency.

This provision is identical to a provision in HB 2488 (2016).

PUBLIC RECORDS (SECTIONS 610.026 AND 610.100)

This act modifies provisions relating to the Sunshine Law. Currently, allowable fees for providing public records includes research time for fulfilling requests. This act includes time spent reviewing records to determine whether or not the records are closed or authorized to be closed. A public body shall waive fees when a request is made by a bona fide credentialed media or reduce the fees charged if such reduction is in the public interest because the applicable fees are minimal and should be waived for administrative efficiency. Payment of copying, search, research and duplication fees may be requested prior to the making of copies or production of records.

Mobile video recordings from a law enforcement vehicle or a device carried by a law enforcement officer that includes a camera and recording capability are considered a closed record until the investigation becomes inactive. A mobile video recording in a nonpublic location may be closed, except that any person depicted in the recording or certain other persons may obtain a complete, unaltered and unedited copy of the recording upon written request.

The act adds legal guardians or parents of a minor as being able to obtain closed investigative or mobile video records in the same way that any person could obtain such records.

Any person may bring an action to authorize disclosure of a mobile video recording and the court may order that all or part of the recording be released to the person. In making its determination on release, the court shall consider factors outlined in the act, including the benefit to the public as opposed to the harm to the public, to the law enforcement agency or its officers, or to any person identified in the recording. The mobile video recording may be examined by the court in its chambers. If disclosure of either a mobile video recording or an investigative report is authorized, the court may make any order that justice requires and set forth conditions for or limitations on the disclosure as authorized in the act.

The act provides that any person who requests and receives a mobile video recording that was recorded in a nonpublic location is prohibited from displaying or disclosing the recording without first affording any non-law enforcement person whose image or sound is contained in the recording the opportunity to seek a court order enjoining all or some of the display or disclosure. Any person who fails to comply with this provision is subject to damages in a civil action.

These provisions are substantially similar to SB 1061 (2016) and identical to HB 2344 (2016).

SCOTT SVAGERA