HB 1082 Modifies provisions relating to mental health care

Current Bill Summary

- Prepared by Senate Research -


HCS/HBs 1082 & 1094 - This act modifies several provisions relating to mental health care, including (1) Premenstrual Dysphoric Disorder (PMDD) Awareness Day; (2) special education records; (3) mental health coordinators; and (4) behavioral health services for certain accused persons.

PREMENSTRUAL DYSPHORIC DISORDER (PMDD) AWARENESS DAY (Section 9.381)

This act establishes October 2 each year as Premenstrual Dysphoric Disorder (PMDD) Awareness Day in Missouri.

This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023) and HCS/HB 885 (2023).

SPECIAL EDUCATION RECORDS (Section 167.027)

Under this act, a student's special education record shall be deemed a permanent record and shall be maintained as a part of a child's cumulative scholastic record. No school district or pubic school shall destroy a child's student special education record.

This provision is identical to HB 1289 (2023) and substantially similar to a provision in the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023) and HCS/SS/SB 198 (2023).

MENTAL HEALTH COORDINATORS (Sections 441.740, 552.050, 630.045, 630.140, 630.175, 630.120, 631.135, 631.140, 631.150, 631.165, 632.005, 632.150, 632.155, 632.300, 632.305, 632.310, 632.315, 632.320, 632.325, 632.330, 632.335, 632.340, 632.345, 632.350, 632.355, 632.370, 632.375, 632.385, 632.390, 632.392, 632.395, 632.400, 632.410, 632.415, 632.420, 632.430, 632.440, 632.455, and 633.125)

This act repeals references to mental health coordinators throughout statutes regulating civil commitments. Additionally, this act changes the time frame for a designated staff member at a mental health facility to meet with an individual civilly detained at such facility from within 4 days of arrival at the facility to within 48 hours of arrival at the facility.

These provisions are identical to provisions in the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023), HB 1094 (2023), and SCS/SB 538 (2023).

BEHAVIORAL HEALTH SERVICES FOR CERTAIN ACCUSED PERSONS (Section 552.020)

Currently, a judge may order a pretrial examination of an accused person whom the judge has reasonable cause to believe lacks mental fitness to proceed. The psychiatrist, psychologist, or physician performing the examination shall submit a report with findings, opinions, and recommendations on treatment in suitable hospitals. This act requires the examination report to contain opinions as to the accused's mental fitness to proceed in the reasonably foreseeable future and recommendations as to whether the accused, if found to lack mental fitness to proceed, should be committed to a suitable hospital for treatment or if the treatment can be provided in a county jail or other detention facility approved by the Director of the Department of Mental Health. Additionally, the report shall contain a recommendation as to whether the accused, if found to lack mental fitness to proceed and if not charged with a dangerous felony, murder in the first degree, or rape in the second degree, should be committed to a suitable hospital facility or may be appropriately treated in the community, and whether the accused can comply with bond conditions and treatment conditions.

This provision is substantially similar to provisions in the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023) and the truly agreed to and finally passed SS/SCS/SBs 189, 36, & 37 (2023), and SCS/SB 387 (2023).

SARAH HASKSINS


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