To repeal section 198.073, RSMo 1994, relating to residential care facilities I and II, and to enact in lieu thereof one new section relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 198.073, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 198.073, to read as follows:

     198.073. 1. Except as provided in subsection 3 of this section, a residential care facility II or residential care facility I shall admit or retain only those persons who are capable mentally and physically of negotiating a normal path to safety using assistive devices or aids when necessary, and who may need assisted personal care within the limitations of such facilities, and who do not require hospitalization or skilled nursing care.

     2. Those persons previously qualified for residence who may have a temporary period of incapacity due to illness, surgery, or injury, which period does not exceed forty-five days, may be allowed to remain in a residential care facility II or residential care facility I if approved by a physician.

     3. A residential care facility II and a residential care facility I which meet residential care facilities II staffing requirements may admit or continue to care for those persons who are physically capable of negotiating a normal path to safety, without using assistive devices or aids, and who are mentally incapable of negotiating such a path to safety, if the following requirements are met:

     (1) The facility is equipped with an automatic sprinkler system approved by the division;

     (2) The facility is equipped with a fire alarm system and smoke barriers that comply with the life safety code issued by the national fire protection association;

     (3) In multi-level facilities, such persons may only be housed on the ground floor unless the upper level exits comply with the life safety code for intermediate and skilled facilities as issued by the national fire protection association;

     (4) Such persons are considered two persons for the purpose of determining the number of personnel needed to meet fire safety staffing requirements;

     (5) For newly employed personnel, the provider agency shall, at a minimum, provide twenty hours of orientation training within the first thirty days of employment. Four hours of such training shall relate to the care and safety of residents with dementia. The provider agency shall, at a minimum, provide ten hours of in-service training annually. At least four hours of the annual training shall relate to the care and safety of residents with dementia; and

     (6) For facilities in excess of twenty licensed beds, no more than fifty percent of the total resident population of such a facility include such persons.