Missouri 2025 Regular Session

Missouri Senate Bill SB261 Compare Versions

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22 FIRST REGULAR SESSION
33 SENATE BILL NO. 261
44 103RD GENERAL ASSEMBLY
55 INTRODUCED BY SENATOR MOSLEY.
66 0066S.01I KRISTINA MARTIN, Secretary
77 AN ACT
88 To repeal section 334.097, RSMo, and to enact in lieu thereof one new section relating to patient
99 records.
1010
1111 Be it enacted by the General Assembly of the State of Missouri, as follows:
1212 Section A. Section 334.097, RSMo, is repealed and one new 1
1313 section enacted in lieu thereof, to be known as section 334.097, 2
1414 to read as follows:3
1515 334.097. 1. Physicians shall maintain an adequate and 1
1616 complete patient record for each patient and may maintain 2
1717 electronic records provided the record -keeping format is 3
1818 capable of being printed for review by the state board of 4
1919 registration for the healing arts. An adequate and complete 5
2020 patient record shall include documentation of the following 6
2121 information: 7
2222 (1) Identification of the patient, includi ng name, 8
2323 birthdate, address and telephone number; 9
2424 (2) The date or dates the patient was seen; 10
2525 (3) The current status of the patient, including the 11
2626 reason for the visit; 12
2727 (4) Observation of pertinent physical findings; 13
2828 (5) Assessment and clinical impression of diagnosis; 14
2929 (6) Plan for care and treatment, or additional 15
3030 consultations or diagnostic testing, if necessary. If 16
3131 treatment includes medication, the physician shall include 17 SB 261 2
3232 in the patient record the medication and dosag e of any 18
3333 medication prescribed, dispensed or administered; 19
3434 (7) Any informed consent for office procedures ; and 20
3535 (8) If requested to be documented by the patient, any 21
3636 question asked related to the care and treatment of the 22
3737 patient and the phys ician's response to such question . 23
3838 2. Patient records remaining under the care, custody 24
3939 and control of the licensee shall be maintained by the 25
4040 licensee of the board, or the licensee's designee, for a 26
4141 minimum of seven years from the date of when th e last 27
4242 professional service was provided. 28
4343 3. Any correction, addition or change in any patient 29
4444 record made more than forty -eight hours after the final 30
4545 entry is entered in the record and signed by the physician 31
4646 shall be clearly marked and identifi ed as such, and the 32
4747 date, time and name of the person making the correction, 33
4848 addition or change shall be included, as well as the reason 34
4949 for the correction, addition or change. 35
5050 4. A consultative report shall be considered an 36
5151 adequate medical reco rd for a radiologist, pathologist or a 37
5252 consulting physician. 38
5353 5. The board shall not initiate disciplinary action 39
5454 pursuant to subsection 2 of section 334.100 against a 40
5555 licensee solely based on a violation of this section. If 41
5656 the board initiates d isciplinary action against the licensee 42
5757 for any reason other than a violation of this section, the 43
5858 board may allege violation of this section as an additional 44
5959 cause for discipline pursuant to subdivision (6) of 45
6060 subsection 2 of section 334.100. 46
6161 6. The board shall not obtain a patient medical record 47
6262 without written authorization from the patient to obtain the 48 SB 261 3
6363 medical record or the issuance of a subpoena for the patient 49
6464 medical record. 50
6565