HCS SCS SB 774 -- DEPARTMENT OF MENTAL HEALTH

SPONSOR:  Lembke (Riddle)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Corrections and Public Institutions by a vote of 10 to 0.

This substitute changes the laws regarding Department of Mental
Health protection measures, overdue patient accounts, and the use
of force by department employees.

DEPARTMENT OF MENTAL HEALTH PROTECTION MEASURES

The crime of endangering a Department of Mental Health employee,
a visitor or other person at a secure facility, or another
offender is created when a person attempts to cause or knowingly
causes one of these individuals to come into contact with blood,
seminal fluid, urine, feces, or saliva.  Anyone committing this
crime will be guilty of a class D felony unless the substance is
unidentified in which case it will be a class A misdemeanor.  If
the person committing the crime is knowingly infected with the
human immunodeficiency virus (HIV), hepatitis C, or hepatitis B
and exposes another person to the illness in the commission of
the crime, he or she will be guilty of a class C felony.

OVERDUE PATIENT ACCOUNTS FOR MENTAL HEALTH SERVICES

Currently, an overdue patient account submitted to a court for
collection must be certified by the head of a residential
facility or day program, with the seal of the institution
attached, in order to constitute prima facie evidence of the
amount due.  The substitute requires the certification to be
completed by the department director or his or her designee
instead of the head of the facility or program.

USE OF FORCE BY DEPARTMENT OF MENTAL HEALTH EMPLOYEES

The substitute:

(1)  Specifies that a person will not be guilty of the crime of
patient, resident, or client abuse or neglect if he or she beats,
strikes, or injures a patient, resident, or client or if he or
she uses more force than necessary for the proper control of a
patient, resident, or client of a mental health or residential
facility when acting in self-defense or in defense of others;

(2)  Specifies that self-defense and the defense of others will
justify only the use of the minimal amount of force reasonably
necessary to deter an imminent threat of harm to oneself or
another person or to end an assault on oneself or another person.
This provision will only apply to employees at maximum or medium
security department facilities;

(3)  Prohibits the department from terminating or sanctioning an
employee based on an action taken in self-defense or defense of
others in the course of employment against a person, patient,
resident, or client who is dangerous or violent; has a history of
dangerous or violent behavior; or whose mental state or condition
includes dangerous or violent tendencies and requires the
employment record of the employee to be expunged of any
documentation regarding the act of self-defense or defense of
others; and

(4)  Requires the department to conduct a hearing to determine
whether an employee acted in self-defense or the defense of
others if a person asserts self-defense or defense of others.
Any adverse determination by the department will be subject to
appeal in accordance with Chapter 536, RSMo.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Unknown
less than $235,208 in FY 2011, Unknown less than $244,853 in FY
2012, and Unknown less than $249,199 in FY 2013.  No impact on
Other State Funds in FY 2011, FY 2012, and FY 2013.

PROPONENTS:  Supporters say that the bill gives mental health
employees the same protections as corrections employees by
creating the crime of endangering a Department of Mental Health
employee.

Testifying for the bill was Senator Lembke.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:15 pm