630.165. Suspected abuse of patient, report, by whom made, contents--effect of failure to report--penalty.

MISSOURI STATUTES AND CODES

630.165. Suspected abuse of patient, report, by whom made, contents--effect of failure to report--penalty.

Suspected abuse of patient, report, by whom made, contents--effect offailure to report--penalty.

630.165. 1. When any physician, physician assistant, dentist,chiropractor, optometrist, podiatrist, intern, resident, nurse, nursepractitioner, medical examiner, social worker, licensed professionalcounselor, certified substance abuse counselor, psychologist, other healthpractitioner, minister, Christian Science practitioner, peace officer,pharmacist, physical therapist, facility administrator, nurse's aide,orderly or any other direct-care staff in a residential facility, dayprogram, group home or mental retardation facility as defined in section633.005, RSMo, or specialized service operated, licensed, certified, orfunded by the department or in a mental health facility or mental healthprogram in which people may be admitted on a voluntary basis or are civillydetained pursuant to chapter 632, RSMo, or employee of the departments ofsocial services, mental health, or health and senior services; or homehealth agency or home health agency employee; hospital and clinic personnelengaged in examination, care, or treatment of persons; in-home servicesowner, provider, operator, or employee; law enforcement officer, long-termcare facility administrator or employee; mental health professional,probation or parole officer, or other nonfamilial person withresponsibility for the care of a patient, resident, or client of afacility, program, or service has reasonable cause to suspect that apatient, resident or client of a facility, program or service has beensubjected to abuse or neglect or observes such person being subjected toconditions or circumstances that would reasonably result in abuse orneglect, he or she shall immediately report or cause a report to be made tothe department in accordance with section 630.163.

2. Any person who knowingly fails to make a report as required insubsection 1 of this section is guilty of a class A misdemeanor and shallbe subject to a fine up to one thousand dollars. Penalties collected forviolations of this section shall be transferred to the state school moneysfund as established in section 166.051, RSMo, and distributed to the publicschools of this state in the manner provided in section 163.031, RSMo.Such penalties shall not considered charitable for tax purposes.

3. Every person who has been previously convicted of or pled guiltyto failing to make a report as required in subsection 1 of this section andwho is subsequently convicted of failing to make a report under subsection2 of this section is guilty of a class D felony and shall be subject to afine up to five thousand dollars. Penalties collected for violation ofthis subsection shall be transferred to the state school moneys fund asestablished in section 166.051, RSMo, and distributed to the public schoolsof this state in the manner provided in section 163.031, RSMo. Suchpenalties shall not considered charitable for tax purposes.

4. Any person who knowingly files a false report of vulnerable personabuse or neglect is guilty of a class A misdemeanor and shall be subject toa fine up to one thousand dollars. Penalties collected for violations ofthis subsection shall be transferred to the state school moneys fund asestablished in section 166.051, RSMo, and distributed to the public schoolsof this state in the manner provided in section 163.031, RSMo. Suchpenalties shall not considered charitable for tax purposes.

5. Every person who has been previously convicted of or pled guiltyto making a false report to the department and who is subsequentlyconvicted of making a false report under subsection 4 of this section isguilty of a class D felony and shall be subject to a fine up to fivethousand dollars. Penalties collected for violations of this subsectionshall be transferred to the state school moneys fund as established insection 166.051, RSMo, and distributed to the public schools of this statein the manner provided in section 163.031, RSMo. Such penalties shall notconsidered charitable for tax purposes.

6. Evidence of prior convictions of false reporting shall be heard bythe court, out of the hearing of the jury, prior to the submission of thecase to the jury, and the court shall determine the existence of the priorconvictions.

7. Any residential facility, day program, or specialized serviceoperated, funded, or licensed by the department that prevents ordiscourages a patient, resident, or client, employee, or other person fromreporting that a patient, resident, or client of a facility, program, orservice has been abused or neglected shall be subject to loss of theirlicense issued pursuant to sections 630.705 to 630.760 and civil fines ofup to five thousand dollars for each attempt to prevent or discouragereporting.