197.297. Rulemaking authority, department of health and senior services. - Missouri Statutes

Rulemaking authority, department of health and senior services.

197.297. 1. The department of health and senior services may adoptrules necessary to implement the provisions of sections 197.287 to 197.297.

2. No rule or portion of a rule promulgated pursuant to the authority ofsections 197.287 to 197.297 shall become effective unless it has beenpromulgated pursuant to the provisions of chapter 536, RSMo. Any rule orportion of a rule, as that term is defined in section 536.010, RSMo, that iscreated under the authority delegated in this section shall become effectiveonly if it complies with and is subject to all of the provisions of chapter536, RSMo, and, if applicable, section 536.028, RSMo. This section andchapter 536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any rule proposedor adopted after August 28, 2000, shall be invalid and void.

(L. 2000 S.B. 788 § 6)