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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. 1505
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HENDERSON.
6133S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 192.2400 and 192.2435, RSMo, and to enact in lieu thereof two new sections
relating to multidisciplinary adult protection teams, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 192.2400 and 192.2435, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 192.2400 and 192.2435, to read as follows:3
192.2400. As used in sections 192.2400 to 192.2505, 1
the following terms mean: 2
(1) "Abuse", the infliction of physical, sexual, or 3
emotional injury or harm including financial exploitation by 4
any person, firm, or corporation and bullying; 5
(2) "Bullying", intimidation or harassment that causes 6
a reasonable person to fear for his or her physical safety 7
or property and may consist of physical actions including 8
gestures; cyberbullying; oral, electronic, or written 9
communication; and any threat of retaliation for reporting 10
of such acts; 11
(3) "Court", the circuit court; 12
(4) "Department", the department of health and senior 13
services; 14
(5) "Director", director of the department of health 15
and senior services or his or her designees; 16
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(6) "Eligible adult", a person sixty years of age or 17
older who is unable to protect his or her own interests or 18
adequately perform or obtain services which are necessary to 19
meet his or her essential human needs or an adult with a 20
disability, as defined in section 192.2005, between the ages 21
of eighteen and fifty-nine who is unable to protect his or 22
her own interests or adequately perform or obtain services 23
which are necessary to meet his or her essential human needs; 24
(7) "Home health agency", the same meaning as such 25
term is defined in section 197.400; 26
(8) "Home health agency employee", a person employed 27
by a home health agency; 28
(9) "Home health patient", an eligible adult who is 29
receiving services through any home health agency; 30
(10) "In-home services client", an eligible adult who 31
is receiving services in his or her private residence 32
through any in-home services provider agency; 33
(11) "In-home services employee", a person employed by 34
an in-home services provider agency; 35
(12) "In-home services provider agency", a business 36
entity under contract with the department or with a Medicaid 37
participation agreement, which employs persons to deliver 38
any kind of services provided for eligible adults in their 39
private homes; 40
(13) "Least restrictive environment", a physical 41
setting where protective services for the eligible adult and 42
accommodation is provided in a manner no more restrictive of 43
an individual's personal liberty and no more intrusive than 44
necessary to achieve care and treatment objectives; 45
(14) "Likelihood of serious physical harm", one or 46
more of the following: 47
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(a) A substantial risk that physical harm to an 48
eligible adult will occur because of his or her failure or 49
inability to provide for his or her essential human needs as 50
evidenced by acts or behavior which has caused such harm or 51
which gives another person probable cause to believe that 52
the eligible adult will sustain such harm; 53
(b) A substantial risk that physical harm will be 54
inflicted by an eligible adult upon himself or herself, as 55
evidenced by recent credible threats, acts, or behavior 56
which has caused such harm or which places another person in 57
reasonable fear that the eligible adult will sustain such 58
harm; 59
(c) A substantial risk that physical harm will be 60
inflicted by another upon an eligible adult as evidenced by 61
recent acts or behavior which has caused such harm or which 62
gives another person probable cause to believe the eligible 63
adult will sustain such harm; 64
(d) A substantial risk that further physical harm will 65
occur to an eligible adult who has suffered physical injury, 66
neglect, sexual or emotional abuse, or other maltreatment or 67
wasting of his or her financial resources by another person; 68
(15) "Multidisciplinary adult protection team", a team 69
of two or more persons recognized by the department who 70
facilitate the identification, investigation, prosecution, 71
prevention, and treatment of offenses against eligible 72
adults and who supplement any protective services provided 73
by the department. In addition to department designees, 74
such teams may include, but shall not be limited to, 75
representatives from the following entities: 76
(a) A prosecuting attorney's office or a circuit 77
attorney's office; 78
(b) Law enforcement agencies; 79
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(c) Medical or health care providers, including long- 80
term care facilities; 81
(d) Mental health care providers; 82
(e) Community-based or government agencies that, in 83
some capacity, participate in the prevention, investigation, 84
identification, treatment, or provision of care or needed 85
resources related to the abuse or neglect of eligible adults 86
and that are necessary for the review of cases; 87
(f) Guardians or conservators, as described in chapter 88
475; and 89
(g) Financial institutions or forensic accounting 90
agencies qualified to review financial matters in order to 91
identify financial abuse; 92
(16) "Neglect", the failure to provide services to an 93
eligible adult by any person, firm or corporation with a 94
legal or contractual duty to do so, when such failure 95
presents either an imminent danger to the health, safety, or 96
welfare of the client or a substantial probability that 97
death or serious physical harm would result; 98
[(16)] (17) "Protective services", services provided 99
by the state or other governmental or private organizations 100
or individuals which are necessary for the eligible adult to 101
meet his or her essential human needs. 102
192.2435. 1. Reports made pursuant to sections 1
192.2400 to 192.2470 shall be confidential and shall not be 2
deemed a public record and shall not be subject to the 3
provisions of section 109.180 or chapter 610. 4
2. Such reports shall be accessible for examination 5
and copying only to the following persons or offices, or to 6
their designees: 7
(1) The department or any person or agency designated 8
by the department; 9
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(2) The attorney general; 10
(3) The department of mental health for persons 11
referred to that department; 12
(4) The department of social services for persons 13
referred to that department; 14
(5) Any appropriate law enforcement agency; [and] 15
(6) Any member of a multidisciplinary adult protection 16
team when acting in the member's official capacity as a 17
representative of a participating entity; and 18
[(5)] (7) The eligible adult or such adult's legal 19
guardian. 20
3. The name of the reporter shall not be disclosed 21
unless: 22
(1) It is provided to the department of mental health 23
for investigating reported incidents of abuse and neglect of 24
vulnerable persons, as defined in section 630.005; or 25
(2) (a) Such reporter specifically authorizes 26
disclosure of his name; and 27
[(2)] (b) The department determines that disclosure of 28
the name of the reporter is necessary in order to prevent 29
further harm to an eligible adult. 30
4. Notwithstanding any other provision of law to the 31
contrary, members of a multidisciplinary adult protection 32
team may make available to members of the team all 33
information and records that are appropriate and necessary 34
to conduct team activities for the benefit of the eligible 35
adult. The case information received by members of the 36
multidisciplinary adult protection team shall be maintained 37
as confidential and any person to whom information is 38
released under this section is prohibited from using or 39
releasing the information except in the proper performance 40
of the person's official duties. Any member of the 41
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multidisciplinary adult protection team may share 42
information that is acquired in the team member's 43
professional capacity with other members of the 44
multidisciplinary adult protection team to assist the team 45
in its function for the benefit of the eligible adult. 46
5. Any person who violates the provisions of this 47
section, or who permits or encourages the unauthorized 48
dissemination of information contained in the central 49
registry and in reports and records made pursuant to 50
sections 192.2400 to 192.2470, shall be guilty of a class A 51
misdemeanor. 52
[5.] 6. The department shall maintain a central 53
registry capable of receiving and maintaining reports 54
received in a manner that facilitates rapid access and 55
recall of the information reported, and of subsequent 56
investigations and other relevant information. The 57
department shall electronically record any telephone report 58
of suspected abuse and neglect received by the department 59
and such recorded reports shall be retained by the 60
department for a period of one year after recording. 61
[6.] 7. Although reports to the central registry may 62
be made anonymously, the department shall in all cases, 63
after obtaining relevant information regarding the alleged 64
abuse or neglect, attempt to obtain the name and address of 65
any person making a report. 66
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