To repeal sections 630.115 and 630.192, RSMo 1994, relating to the department of mental health, and to enact three new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 630.115 and 630.192, RSMo 1994, are repealed and three new sections enacted in lieu thereof, to be known as sections 630.115, 630.192 and 630.199, to read as follows:

630.115. 1. Each patient, resident or client shall be entitled to the following without limitation:

(1) To humane care and treatment;

(2) To the extent that the facilities, equipment and personnel are available, to medical care and treatment in accordance with the highest standards accepted in medical practice;

(3) To safe and sanitary housing;

(4) To not participate in nontherapeutic labor;

(5) To attend or not attend religious services;

(6) To receive prompt evaluation and care, treatment, habilitation or rehabilitation about which he is informed insofar as he is capable of understanding;

(7) To be treated with dignity as a human being;

(8) To not be the subject of experimental research without his prior written and informed consent or that of his parent, if a minor, or his guardian; except that no involuntary patient shall be subject to experimental research, except as provided within this chapter;

(9) To have access to consultation with a private physician at his own expense;

(10) To be evaluated, treated or habilitated in the least restrictive environment;

(11) To not be subjected to any hazardous treatment or surgical procedure unless he, his parent, if he is a minor, or his guardian consents; or unless such treatment or surgical procedure is ordered by a court of competent jurisdiction;

(12) In the case of hazardous treatment or irreversible surgical procedures, to have, upon request, an impartial review prior to implementation, except in case of emergency procedures required for the preservation of his life;

(13) To a nourishing, well-balanced and varied diet;

(14) To be free from verbal and physical abuse.

2. Notwithstanding any other sections of this chapter, each patient, resident or client shall have the right to an impartial review of alleged violations of the rights assured under this chapter.

630.192. No biomedical or pharmacological research shall be conducted in any mental health facility or mental health program in which people may be civilly detained pursuant to chapter 632, RSMo, or in any public or private residential facilities or day programs operated, funded or licensed by the department for persons affected by mental retardation, developmental disabilities, mental illness, mental disorders or alcohol or drug abuse unless such research is intended to alleviate or prevent the disabling conditions or is reasonably expected to be of direct therapeutic benefit to the participants. Without a specific court order, no involuntary patient shall consent to participate in any biomedical or pharmacological research. The application for the order shall be filed in the court having probate jurisdiction in the county in which the mental health facility is located, provided, however, that if the patient requests that the hearing be held by the court which has committed the patient, or if the court having probate jurisdiction deems it appropriate, the hearing on the application shall be transferred to the committing court. By written agreement of the parties, the hearing may be waived, in which case an order granting the research shall be entered by the court.

630.199. Sections 630.194, 630.196 and 630.198 shall apply to all proposed biomedical or pharmacological research that involves persons civilly detained.