Missouri § 334.010 - Unauthorized practice of medicine and surgery prohibited — practice of medicine across state lines, definition — sports-related medical services, inapplicability.

§ 334.010. Unauthorized practice of medicine and surgery prohibited — practice of medicine across state lines, definition — sports-related medical services, inapplicability.

1.  It shall be unlawful for any person not now a registered physician within the meaning of the law to practice medicine or surgery in any of its departments, to engage in the practice of medicine across state lines or to profess to cure and attempt to treat the sick and others afflicted with bodily or mental infirmities, or engage in the practice of midwifery in this state, except as herein provided.

2.  For the purposes of this chapter, the "practice of medicine across state lines" shall mean:

(1)  The rendering of a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or physician's agent; or

(2)  The rendering of treatment to a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or physician's agent.

3.  A physician located outside of this state shall not be required to obtain a license when:

(1)  In consultation with a physician licensed to practice medicine in this state; and

(2)  The physician licensed in this state retains ultimate authority and responsibility for the diagnosis or diagnoses and treatment in the care of the patient located within this state; or

(3)  Evaluating a patient or rendering an oral, written or otherwise documented medical opinion, or when providing testimony or records for the purpose of any civil or criminal action before any judicial or administrative proceeding of this state or other forum in this state; or

(4)  Participating in a utilization review pursuant to section 376.1350.

4.  This section shall not apply to a person who holds a current unrestricted license to practice medicine in another state when the person, under a written agreement with an athletic team located in the state in which the person is licensed, provides sports-related medical services to any of the following individuals if the team is traveling to or from, or participating in, a sporting event in this state:

(1)  A member of an athletic team;

(2)  A member of an athletic team's coaching, communications, equipment, or sports medicine staff;

(3)  A member of a band, dance team, or cheerleading squad accompanying an athletic team; or

(4)  An athletic team's mascot.

5.  In providing sports-related medical services under subsection 4 of this section, the person shall not provide medical services at a health care facility, including a hospital, ambulatory surgical center, or any other facility in which medical care, diagnosis, or treatment is provided on an inpatient or outpatient basis.

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(RSMo 1939 § 9981, A.L. 1959 S.B. 50 § 18, A.L. 1998 H.B. 1601, et al., A.L. 2017 S.B. 501)

Prior revisions: 1929 § 9111; 1919 § 7330; 1909 § 8311

(1966) Separate sections of chapter 334 constitute a part of entire code, are pari materia, must be read and construed together, effect must be given to all provisions, and apparent conflicts must be harmonized whenever possible.  Bittiker v. State Bd. of Registration for Healing Arts (A.), 404 S.W.2d 402.

(1986) This section is not void for vagueness on account of its failure to expressly define "practice of medicine" or "engage in the practice of midwifery".  Engaging in the practice of midwifery is unlawful, but every act of midwifery engaged in without a license is not unlawful.  The statute permits isolated or occasional gratuitous acts of midwifery.  State ex rel. Mo. State Bd. v. Southworth (Mo.), 704 S.W.2d 219.

---- end of effective  28 Aug 2017 ----

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