Section 630.925

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 630

Effective - 28 Aug 2007   

  630.925.  Mental health fatality review panel established, members, duties. — 1.  The director of the department shall establish a mental health fatality review panel to review deaths of all adults in the care and custody of the department.  The panel shall be formed and shall operate according to the rules, guidelines, and protocols provided by the department of mental health.

  2.  The panel shall include, but shall not be limited to, the following:

  (1)  A prosecuting or circuit attorney;

  (2)  A coroner or medical examiner;

  (3)  Law enforcement personnel;

  (4)  A representative from the departments of mental health, social services, health and senior services, and public safety;

  (5)  A representative of the Missouri Protection and Advocacy.

  3.  The director of the department of mental health shall organize the panel and shall call the first organizational meeting of the panel.  The panel shall elect a chairman who shall convene the panel to meet at least quarterly to review all suspicious deaths of patients, residents, or clients who are in the care and custody of the department of mental health, which meet guidelines for review as set forth by the department of mental health.  In addition, the panel may review at its own discretion any death reported to it by the medical examiner, coroner, or a parent or legal representative of a client in the care and custody of the department, even if it does not meet criteria for review as set forth by the department.  The panel shall issue a final report, which shall be a public record, of each investigation to the department of mental health.  The final report shall include a completed summary report form.  The form shall be developed by the director of the department of mental health.  The department of mental health shall analyze the mental health fatality review panel reports and periodically prepare epidemiological reports which describe the incidence, causes, location, and other factors.  The department of mental health shall make recommendations and develop programs to prevent patient, resident, or client injuries and deaths.

  4.  For purposes of this section, "suspicious death" shall include but not be limited to when the following occurs:

  (1)  A crime is involved;

  (2)  An accident has occurred;

  (3)  A medical prognosis has not been ascertained; or

  (4)  A person has died unexpectedly.

  5.  The mental health fatality review panel shall enjoy such official immunity as exists at common law.

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(L. 2007 S.B. 3)