FIRST REGULAR SESSION
[P E R F E C T E D]
SENATE BILL NO. 431
92ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR GIBBONS.
Read 1st time February 5, 2003, and 1,000 copies ordered printed.
Read 2nd time February 10, 2003, and referred to the Committee on Aging, Families, Mental and Public Health.
Reported from the Committee March 10, 2003, with recommendation that the bill do pass and be placed on the Consent Calendar.
Taken up March 31, 2003. Read 3rd time and placed upon its final passage; bill passed.
TERRY L. SPIELER, Secretary.
1112S.01P
AN ACT
To repeal section 431.064, RSMo, and to enact in lieu thereof one new section relating to consent for experimental treatments.
Section A. Section 431.064, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 431.064, to read as follows:
431.064. 1. When an adult person, because of a medical condition, is treated [at] by a teaching hospital for a medical school accredited by the American Osteopathic Association or the American Medical Association and such person is incapable of giving informed consent for an experimental treatment, test or drug, then such treatment, test or drug may proceed upon obtaining consent of a legal guardian, attorney in fact, or a family member in the following order of priority:
(1) Spouse unless the patient has no spouse, or is separated, or the spouse is physically or mentally incapable of giving consent, or the spouse's whereabouts is unknown or the spouse is overseas;
(2) Adult child;
(3) Parent;
(4) Brother or sister;
(5) Relative by blood or marriage.
2. Nothing in this section shall authorize such legal guardian, attorney in fact, or family member to consent to treatment in contravention to such incapacitated person's expressed permission regarding such treatment.