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SECOND REGULAR SESSION
HOUSE BILL NO. 2488
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WEBER.
4394H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 197.200 and 197.215, RSMo, and to enact in lieu thereof two new sections
relating to birthing centers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 197.200 and 197.215, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 197.200 and 197.215, to read as follows:
197.200. As used in sections 197.200 to 197.240, unless the context clearly indicates
2 otherwise, the following terms mean:
3 (1) "Abortion facility", as such term is defined in section 188.015;
4 (2) "Ambulatory surgi cal center"[ , ] :
5 (a) Any birthing center; or
6 (b) Any public or private establishment that is operated primarily for the purpose of
7 performing sur gical procedures [ or primarily for the purpose of performing childbirths, ] and
8 [ which ] that does not provide services or other accommodations for patients to stay more
9 than twenty-three hours within the establishment, provided, however , that nothing in this
10 definition shall be construed to include the of fices of dentists currently licensed pursuant to
11 chapter 332;
12 (3) "Birthing center", any public or private establishment that is operated
13 primarily for the purpose of performing childbirths and that does not provi de services
14 or other accommodations for patients to stay mor e than twenty-three hours within the
15 establishment;
16 (4) "Dentist", any person currently licensed to practice dentistry pursuant to chapter
17 332;
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.
18 [ (4) ] (5) "Department", the department of health and senior services;
19 [ (5) ] (6) "Governmental unit", any city , county or other political subdivision of this
20 state, or any department, division, board or other agency of any political subdivision of this
21 state;
22 [ (6) ] (7) "Person", any individual, firm, partnership, corporation, company , or
23 association and the legal successors thereof;
24 [ (7) ] (8) "Physician", any person currently licensed to practice medicine pursuant to
25 chapter 334;
26 [ (8) ] (9) "Podiatrist", any person currently licensed to practice podiatry pursuant to
27 chapter 330.
197.215. 1. Upon receipt of an application for a license, the department of health and
2 senior services shall issue a license if the applicant and ambulatory sur gical center facilities or
3 abortion facilities meet the requirements established under sections 197.200 to 197.240, and
4 have provided af firmative evidence that:
5 (1) Each member of the sur gical staf f is a physician, dentist or podiatrist currently
6 licensed to practice in Missouri, and each person authorized to perform or induce abortions is
7 a physician currently licensed to practice in Missouri;
8 (2) Sur gical procedures in ambulatory surgi cal centers shall be performed only by
9 physicians, dentists or podiatrists, who at the time are privileged to perform surg ical
10 procedures in at least one licensed hospital in the community in which the ambulatory
11 sur gical center is located, thus providing assurance to the public that patients treated in the
12 center shall receive continuity of care should the services of a hospital be required;
13 alternatively , the applicant shall submit a copy of a current working agreement with at least
14 one licensed hospital in the community in which the ambulatory surgic al center is located,
15 guaranteeing the transfer and admittance of patients for emer gency treatment whenever
16 necessary . The pr ovisions of this subdivision shall not apply to birthing centers ;
17 (3) Continuous physician services or registered professional nursing services are
18 provided whenever a patient is in the facility;
19 (4) Adequate medical records for each patient are to be maintained.
20 2. Upon receipt of an application for a license, or the renewal thereof, the department
21 shall issue or renew the license if the applicant and program meet the requirements
22 established under sections 197.200 to 197.240. Each license shall be issued only for the
23 persons and premises named in the application. A license, unless sooner suspended or
24 revoked, shall be issued for a period of one year .
25 3. Each license shall be issued only for the premises and persons or governmental
26 units named in the application, and shall not be transferable or assignable except with the
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27 written consent of the department. Licenses shall be posted in a conspicuous place on the
28 licensed premises.
29 4. If, during the period in which an ambulatory sur gical center license or an abortion
30 facility license is in ef fect, the license holder or operator legally transfers operational
31 responsibilities by any process to another person as defined in section 197.200, an application
32 shall be made for the issuance of a new license to become ef fective on the transfer date.
✔
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