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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1479
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NICOLA.
6209S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 536.031, RSMo, and to enact in lieu thereof one new section relating to the code
of state regulations.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 536.031, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 536.031, 2
to read as follows:3
536.031. 1. There is established a publication to be 1
known as the "Code of State Regulations", which shall be 2
published in a format and medium as prescribed by the 3
secretary of state from time to time as determined by the 4
secretary of state. 5
2. The code of state regulations shall contain the 6
full text of all rules of state agencies in force and effect 7
upon the effective date of the first publication thereof, 8
and effective September 1, 1990, it shall be revised no less 9
frequently than monthly thereafter so as to include all 10
rules of state agencies subsequently made, amended or 11
rescinded. The code may also include citations, references, 12
or annotations, prepared by the state agency adopting the 13
rule or by the secretary of state, to any intraagency 14
ruling, attorney general's opinion, determination, 15
decisions, order, or other action of the administrative 16
hearing commission, or any determination, decision, order, 17
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or other action of a court interpreting, applying, 18
discussing, distinguishing, or otherwise affecting any rule 19
published in the code. 20
3. The code of state regulations shall be published in 21
a format and medium as prescribed by the secretary of state. 22
4. An agency may incorporate by reference rules, 23
regulations, standards, and guidelines of an agency of the 24
United States or a nationally or state-recognized 25
organization or association without publishing the material 26
in full. The reference in the agency rules shall fully 27
identify the incorporated material by publisher, address, 28
and date in order to specify how a copy of the material may 29
be obtained, and shall state that the referenced rule, 30
regulation, standard, or guideline does not include any 31
later amendments or additions, except that: 32
(1) Hospital licensure regulations promulgated under 33
this chapter and chapter 197 may incorporate by reference 34
Medicare conditions of participation, as defined in section 35
197.005, and later additions or amendments to such 36
conditions of participation; [and] 37
(2) Hospital licensure regulations governing life 38
safety code standards promulgated under this chapter and 39
chapter 197 to implement section 197.065 may incorporate, by 40
reference, later additions or amendments to such rules, 41
regulations, standards, or guidelines as needed to 42
consistently apply current standards of safety and practice; 43
(3) Medicaid regulations promulgated under this 44
chapter and chapter 208 may incorporate by reference 45
Medicare fee schedules, as defined in state regulation, and 46
later additions or amendments to Medicaid reimbursement 47
methodologies promulgated in title 13 of the code of state 48
regulations; 49
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(4) Medicaid regulations promulgated under this 50
chapter and chapter 208 may incorporate by reference, later 51
additions or amendments to federal rules and regulations as 52
needed to administer the Missouri Medicaid program. 53
5. The agency adopting a rule, regulation, standard, 54
or guideline under this section shall maintain a copy of the 55
referenced rule, regulation, standard, or guideline at the 56
headquarters of the agency and shall make it available to 57
the public for inspection and copying at no more than the 58
actual cost of reproduction. The secretary of state may 59
omit from the code of state regulations such material 60
incorporated by reference in any rule the publication of 61
which would be unduly cumbersome or expensive. 62
6. The courts of this state shall take judicial 63
notice, without proof, of the contents of the code of state 64
regulations. 65
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