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SECOND REGULAR SESSION
HOUSE BILL NO. 3484
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COLEMAN.
7407H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 334.010, RSMo, and to enact in lieu thereof one new section relating to the
unauthorized practice of medicine and sur gery , with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 334.010, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 334.010, to read as follows:
334.010. 1. It shall be unlawful for any person not now a registered physician within
2 the meaning of the law to practice medicine or surg ery in any of its departments, to engage in
3 the practice of medicine across state lines or to profess to cure and attempt to treat the sick
4 and others af flicted with bodily or mental infirmities, or engage in the practice of midwifery
5 in this state, except as herein provided.
6 2. As used in this section, the term "surgery" means any:
7 (1) Structural alteration of the human body by the incision or destruction of
8 tissues;
9 (2) Localized alteration or transposition of live human tissue that:
10 (a) Is a diagnostic or therapeutic trea tment of a condition or disease process ;
11 (b) Is accomplished thr ough the use of any instrument including, but not limited
12 to, lasers, ultrasound, ionizing radiation, scalpels, prob es, and needles; and
13 (c) Involves cutting, burning, vaporizing, fr eezing, suturing, or pro bing the
14 tissue; manipulating the tissue by closed redu ctions for major dislocations or fractur es;
15 or otherwise altering the tissue by mechanical, thermal, light-based, electr omagnetic, or
16 chemical means; or
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.
17 (3) Injection of diagnostic or therapeutic substances into body cavities, internal
18 organs, joints, sensory organs, and the central nervous system. This paragraph shall not
19 include the administration of subcutaneous, intramuscular , and intravenous injections
20 by a licensed nurse when order ed by a physician and within the scope of practice of the
21 nurse.
22 3. For the purposes of this chapter , the "practice of medicine across state lines" shall
23 mean:
24 (1) The rendering of a written or otherwise documented medical opinion concerning
25 the diagnosis or treatment of a patient within this state by a physician located outside this
26 state as a result of transmission of individual patient data by electronic or other means from
27 within this state to such physician or physician's agent; or
28 (2) The rendering of treatment to a patient within this state by a physician located
29 outside this state as a result of transmission of individual patient data by electronic or other
30 means from within this state to such physician or physician's agent.
31 [ 3. ] 4. A physician located outside of this state shall not be required to obtain a
32 license when:
33 (1) In consultation with a physician licensed to practice medicine in this state; and
34 (2) The physician licensed in this state retains ultimate authority and responsibility
35 for the diagnosis or diagnoses and treatment in the care of the patient located within this state;
36 or
37 (3) Evaluating a patient or rendering an oral, written or otherwise documented
38 medical opinion, or when providing testimony or records for the purpose of any civil or
39 criminal action before any judicial or administrative proceeding of this state or other forum in
40 this state; or
41 (4) Participating in a utilization review pursuant to section 376.1350.
42 [ 4. ] 5. This section shall not apply to a person who holds a current unrestricted license
43 to practice medicine in another state when the person, under a written agreement with an
44 athletic team located in the state in which the person is licensed, provides sports-related
45 medical services to any of the following individuals if the team is traveling to or from, or
46 participating in, a sporting event in this state:
47 (1) A member of an athletic team;
48 (2) A member of an athletic team's coaching, communications, equipment, or sports
49 medicine staf f;
50 (3) A member of a band, dance team, or cheerleading squad accompanying an athletic
51 team; or
52 (4) An athletic team's mascot.
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53 [ 5. ] 6. In providing sports-related medical services under subsection [ 4 ] 5 of this
54 section, the person shall not provide medical services at a health care facility , including a
55 hospital, ambulatory sur gical center , or any other facility in which medical care, diagnosis, or
56 treatment is provided on an inpatient or outpatient basis.
✔
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