JEFFERSON CITY, Mo. – Mental health professionals in Missouri will finally be on equal ground with other health care providers as legislation recently signed into law will provide psychologists and counselors with a two-year statute of limitations for liability claims. Originally filed by state Rep. John McCaherty as HB 1619, the language was added to HB 1765, which was overwhelmingly approved by the General Assembly and signed by Governor Nixon on Wednesday, July 13.
This marks the fourth year that McCaherty has worked to pass the statutory change that would level the playing field for mental health professionals. While Missouri law already provides most medical professions with a two-year statute of limitations, current statute is vague in regard to whether the limit applies to mental health professionals. McCaherty said the issue was brought to his attention by a college counseling class at Missouri Baptist University. After researching the issue, McCaherty determined the law needed to be updated to provide certainty for the state’s psychologists and counselors.
“I want to thank the governor for signing this piece of legislation that will clarify this issue and ensure our mental health professionals are operating in the same legal environment as the rest of our health care providers,” said McCaherty, R-Murphy. “With a reasonable two-year limit in place, retired mental health professionals can discard their old records and drop extremely costly liability insurance, which is something they have been forced to do under current law. I also hope we will see more young people encouraged to enter our mental health fields as they can now rest assured they won’t be exposed to additional liability simply because they choose this line of health care.”
With the governor’s signature, HB 1765 will take effect as law on August 28, 2016.
