630.925. Mental health fatality review panel established, members, duties.
Mental health fatality review panel established, members, duties.
630.925. 1. The director of the department shall establish a mentalhealth fatality review panel to review deaths of all adults in the care andcustody of the department. The panel shall be formed and shall operateaccording to the rules, guidelines, and protocols provided by thedepartment of mental health.
2. The panel shall include, but shall not be limited to, thefollowing:
(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, socialservices, 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 thepanel and shall call the first organizational meeting of the panel. Thepanel shall elect a chairman who shall convene the panel to meet at leastquarterly to review all suspicious deaths of patients, residents, orclients 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 mentalhealth. In addition, the panel may review at its own discretion any deathreported to it by the medical examiner, coroner, or a parent or legalrepresentative of a client in the care and custody of the department, evenif 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, ofeach investigation to the department of mental health. The final reportshall include a completed summary report form. The form shall be developedby the director of the department of mental health. The department ofmental health shall analyze the mental health fatality review panel reportsand periodically prepare epidemiological reports which describe theincidence, causes, location, and other factors. The department of mentalhealth 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 butnot 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 officialimmunity as exists at common law.
(L. 2007 S.B. 3)