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SECOND REGULAR SESSION
HOUSE BILL NO. 2888
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE DIEHL.
61 14H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 537, RSMo, by adding thereto one new section relating to civil actions for
medical monitoring.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be
2 known as section 537.1600, to read as follows:
537.1600. 1. No standalone cause of action for medical monitoring exists under
2 the laws of this state. Increas ed risk of disease, whether accompanied by physiological
3 or other changes in the human body , is not itself compensable thr ough damages or any
4 other form of rel ief, regar dless of the legal theory being asserted.
5 2. In any civil action, no defendant shall be r equir ed to pay damages or provi de
6 any other type of legal, injunctive, or equitable reli ef for a plaintiff's futur e medical
7 surveillance, scr eening tests, or monitoring proced ures unless the plaintiff pr oves, in
8 addition to the other req uirements for the underlying cause of action, that:
9 (1) The future medical surveillance, scr eening tests, or monitoring proce dures
10 sought ar e dir ectly relat ed to, and necessitated by , a pr esently existing and diagnosable
11 physical disease or injury of the plaintiff;
12 (2) The future medical surveillance, scr eening tests, or monitoring proce dures
13 ar e distinct fr om the medical surveillance, scr eening tests, or monitoring proce dures
14 r ecommended in the absence of the preexi sting physical disease or injury and relat ed
15 exposur e; and
16 (3) The plaintiff's present ly existing physical disease or injury was caused by the
17 defendant's tortious conduct.
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 3. For purposes of subsection 2 of this section, the mer e pr esence of a toxic
19 substance in the bloodstr eam shall not constitute a present ly existing and diagnosable
20 physical disease or injury .
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