198.300. Powers of nursing home district.

Powers of nursing home district.

198.300. 1. A nursing home district shall have andexercise the following governmental powers, and all other powersincidental, necessary, convenient or desirable to carry out andeffectuate the express powers:

(1) To establish and maintain a nursing home within itscorporate limits, and to construct, acquire, develop, expand,extend and improve the nursing home;

(2) To acquire or convey land or structures in fee simple,rights in land and easements upon, over or across land andleasehold interests in land and tangible and intangible personalproperty used or useful for the location, establishment,maintenance, development, expansion, extension or improvement ofany nursing home. The acquisition may be by dedication,purchase, gift, agreement, lease, use or adverse possession or bycondemnation. The conveyance may be by deed or lease;

(3) To operate, maintain and manage the nursing home, andto make and enter into contracts for the use, operation ormanagement of and to provide rules and regulations for theoperation, management or use of the nursing home;

(4) To fix, charge and collect reasonable fees andcompensation for the use or occupancy of the nursing home or anypart thereof, and for nursing care, medicine, attendance, orother services furnished by the nursing home, according to therules and regulations prescribed by the board from time to time;

(5) To borrow money and to issue bonds, notes,certificates, or other evidences of indebtedness for the purposeof accomplishing any of its corporate purposes, subject tocompliance with any condition or limitation set forth in sections198.200 to 198.350 or otherwise provided by the Constitution ofthe state of Missouri;

(6) To employ or enter into contracts for the employment ofany person, firm, or corporation, and for professional services,necessary or desirable for the accomplishment of the corporateobjects of the district or the proper administration, management,protection or control of its property;

(7) To maintain the nursing home for the benefit of theinhabitants of the area comprising the district regardless ofrace, creed or color, and to adopt such reasonable rules andregulations as may be necessary to render the use of the nursinghome of the greatest benefit to the greatest number; to excludefrom the use of the nursing home all persons who willfullydisregard any of the rules and regulations so established; toextend the privileges and use of the nursing home to personsresiding outside the area of the district upon such terms andconditions as the board of directors prescribes by its rules andregulations;

(8) To police its property and to exercise police powers inrespect thereto or in respect to the enforcement of any rule orregulation provided by the ordinances of the district and toemploy and commission police officers and other qualified personsto enforce the same.

2. The use of any nursing home of a district shall besubject to the reasonable regulation and control of the districtand upon such reasonable terms and conditions as shall beestablished by its board of directors.

3. A regulatory ordinance of a district adopted under anyprovision of this section may provide for a suspension orrevocation of any rights or privileges within the control of thedistrict for a violation of any regulatory ordinance.

4. Nothing in this section or in other provisions ofsections 198.200 to 198.350 shall be construed to authorize thedistrict or board to establish or enforce any regulation or rulein respect to the operation or maintenance of the nursing homewithin its jurisdiction which is in conflict with any federal orstate law or regulation applicable to the same subject matter.

(L. 1963 p. 368 § 12, A.L. 1991 H.B. 450)