HOUSE BILL NO. 2888 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DIEHL.
6114H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To 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. Increased risk of disease, whether accompanied by physiological 3 or other changes in the human body, is not itself compensable through damages or any 4 other form of relief, regardless of the legal theory being asserted. 5 2. In any civil action, no defendant shall be required to pay damages or provide 6 any other type of legal, injunctive, or equitable relief for a plaintiff's future medical 7 surveillance, screening tests, or monitoring procedures unless the plaintiff proves, in 8 addition to the other requirements for the underlying cause of action, that: 9 (1) The future medical surveillance, screening tests, or monitoring procedures 10 sought are directly related to, and necessitated by, a presently existing and diagnosable 11 physical disease or injury of the plaintiff; 12 (2) The future medical surveillance, screening tests, or monitoring procedures 13 are distinct from the medical surveillance, screening tests, or monitoring procedures 14 recommended in the absence of the preexisting physical disease or injury and related 15 exposure; and 16 (3) The plaintiff's presently existing physical disease or injury was caused by the 17 defendant's tortious conduct.
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 2888 2
18 3. For purposes of subsection 2 of this section, the mere presence of a toxic 19 substance in the bloodstream shall not constitute a presently existing and diagnosable 20 physical disease or injury. ✔
Statutes affected: