HOUSE BILL NO. 1809 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SHARP (37).
5455H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 578.350, RSMo, and to enact in lieu thereof four new sections relating to medical providers' participation in criminal investigations, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 578.350, RSMo, is repealed and four new sections enacted in lieu 2 thereof, to be known as sections 197.125, 197.130, 578.350, and 595.222, to read as follows: 197.125. Any entity that operates an emergency room shall provide three hours 2 of annual training on the collection of forensic evidence to all personnel employed in a 3 capacity that requires them to assist in procedures involving the collection of forensic 4 evidence in such emergency room. 197.130. Any entity that operates an emergency room shall possess and maintain 2 a secure storage unit capable of storing forensic evidence collected by personnel during 3 the course of treatment of a gunshot wound patient or a stab wound patient in the 4 emergency room. 578.350. 1. A person licensed under chapter 334 or 335 who treats a person for a 2 wound inflicted by gunshot or for a stabbing wound that is at least one inch deep commits 3 the infraction of medical deception if he or she knowingly fails to immediately report to a 4 local law enforcement official the name and address of the person, if known, and if unknown, 5 a description of the person, together with an explanation of the nature of the wound and the 6 circumstances under which the treatment was rendered. 7 2. A person licensed under chapter 334 or 335 who, in good faith, makes a report 8 under this section shall have immunity from civil liability that otherwise might result from 9 such report and shall have the same immunity with respect to any good faith participation in
EXPLANATION — 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. HB 1809 2
10 any judicial proceeding in which the reported [gunshot] wound is an issue. Notwithstanding 11 the provisions of subdivision (5) of section 491.060, the existence of a physician-patient 12 relationship shall not prevent a physician from submitting the report required in this section, 13 or testifying regarding information acquired from a patient treated for a [gunshot] reported 14 wound if such testimony is otherwise admissible. 595.222. 1. Any entity that operates an emergency room shall have access to 2 evidentiary collection kits to be used to collect evidence of a gunshot wound or a 3 stabbing wound that is at least one inch deep. 4 2. Evidentiary collection kits shall be developed and made available, subject to 5 appropriation, to emergency rooms by the department of health and senior services. 6 Such kits shall be distributed along with forms and procedures developed by the 7 department of public safety for gathering evidence during the examination of a victim of 8 a gunshot wound or a stabbing wound that is at least one inch deep. 9 3. The department of public safety shall have authority to promulgate rules and 10 regulations necessary to implement the provisions of this section. Any rule or portion of 11 a rule, as that term is defined in section 536.010, that is created under the authority 12 delegated in this section shall become effective only if it complies with and is subject to 13 all of the provisions of chapter 536 and, if applicable, section 536.028. This section and 14 chapter 536 are nonseverable and if any of the powers vested with the general assembly 15 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul 16 a rule are subsequently held unconstitutional, then the grant of rulemaking authority 17 and any rule proposed or adopted after August 28, 2026, shall be invalid and void. ✔
Statutes affected: