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SECOND REGULAR SESSION
HOUSE BILL NO. 1809
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SHARP (37).
5455H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 578.350, RSMo, and to enact in lieu thereof four new sections relating to
medical providers' participation in criminal investigations, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 578.350, RSMo, is repealed and four new sections enacted in lieu
2 thereof, to be known as sections 197.125, 197.130, 578.350, and 595.222, to read as follows:
197.125. Any entity that operates an emergency room shall prov ide thr ee hours
2 of annual training on the collection of for ensic evidence to all personnel employed in a
3 capacity that requi res them to assist in proce dures involving the collection of for ensic
4 evidence in such emergency room.
197.130. Any entity that operates an emergency r oom shall possess and maintain
2 a secur e storage unit capable of storing for ensic evidence collected by personnel during
3 the course of tr eatment of a gunshot wound patient or a stab wound patient in the
4 emergency room.
578.350. 1. A person licensed under chapter 334 or 335 who treats a person for a
2 wound inflicted by gunshot or for a stabbing wound that is at least one inch deep commits
3 the infraction of medical deception if he or she knowingly fails to immediately report to a
4 local law enforcement of ficial the name and address of the person, if known, and if unknown,
5 a description of the person, together with an explanation of the nature of the wound and the
6 circumstances under which the treatment was rendered.
7 2. A person licensed under chapter 334 or 335 who, in good faith, makes a report
8 under this section shall have immunity from civil liability that otherwise might result from
9 such report and shall have the same immunity with respect to any good faith participation in
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
10 any judicial proceeding in which the reported [ gunshot ] wound is an issue. Notwithstanding
11 the provisions of subdivision (5) of section 491.060, the existence of a physician-patient
12 relationship shall not prevent a physician from submitting the report required in this section,
13 or testifying regarding information acquired from a patient treated for a [ gunshot ] r eported
14 wound if such testimony is otherwise admissible.
595.222. 1. Any entity that operates an emergency ro om shall have access to
2 evidentiary collection kits to be used to collect evidence of a gunshot wound or a
3 stabbing wound that is at least one inch deep.
4 2. Evidentiary collection kits shall be developed and made available, subject to
5 appr opriation, to emergency rooms by the department of health and senior services.
6 Such kits shall be distributed along with forms and pro cedur es developed by the
7 department of public safety for gathering evidence during the examination of a victim of
8 a gunshot wound or a stabbing wound that is at least one inch deep.
9 3. The department of public safety shall have authority to pr omulgate rules and
10 r egulations necessary to implement the prov isions of this section. Any rule or portion of
11 a rule, as that term is defined in section 536.010, that is creat ed under the authority
12 delegated in this section shall become effective only if it complies with and is subject to
13 all of the pr ovisions of chapter 536 and, if applicable, section 536.028. This section and
14 chapter 536 are nonseverable and if any of the powers vested with the general assembly
15 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
16 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
17 and any rule prop osed or adopted after August 28, 2026, shall be invalid and void.
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HB 1809 2