JEFFERSON CITY, Mo. – State Rep. John McCaherty wants to clarify Missouri law to protect mental health professionals from limitless liability for malpractice claims. McCaherty again filed legislation that would establish a two-year statute of limitations for actions against a mental health professional for malpractice, negligence, error, or mistake.
HB 1619 is identical to legislation filed by McCaherty during the 2015 session that received near unanimous approval in the House and committee approval in the Senate before session concluded. McCaherty said this year he hopes to push the bill across the legislative finish line to give mental health professionals peace of mind that they will not be subjected to lawsuits years later in retirement.
“Mental health providers were meant to fall under the same statute of limitations as other health care providers, but a quirk in the law has called that into question. Now we see providers maintaining costly liability insurance even into their retirement years. It’s time to make a change and give our mental health professionals the security to retire without fear of costly lawsuits or the need to constantly pay for insurance,” said McCaherty, R-Murphy.