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Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 630

previous next Effective - 28 Aug 2007bottom

  630.927.  Rulemaking authority. — 1.  The director of the department of mental health shall promulgate rules, guidelines, and protocols for the mental health fatality review panel established pursuant to section 630.925.

  2.  The director shall promulgate guidelines and protocols for coroner and medical examiners to use to help them to identify suspicious deaths of patients, residents, or clients in the care and custody of the department of mental health.

  3.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.

  4.  All meetings conducted, all reports and records made and maintained pursuant to sections 630.925 and 630.927 by the department of mental health, or other appropriate persons, officials, or state mental health fatality review panel shall be confidential and shall not be open to the general public except for the annual report pursuant to section 630.925.

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(L. 2007 S.B. 3)


---- end of effective   28 Aug 2007 ----

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