205.190. Organization of board of trustees--regulations--duties--operation or leasing of hospital, powers--day care centers for employees' children, may establish.

Organization of board of trustees--regulations--duties--operation orleasing of hospital, powers--day care centers for employees'children, may establish.

205.190. 1. The trustees shall, within ten days after theirappointment or election, qualify by taking the oath of civil officers andorganize as a board of hospital trustees by the election of one of theirnumber as chairman, one as secretary, one as treasurer, and by the electionof such other officers as they may deem necessary.

2. No trustee shall receive any compensation for his or her servicesperformed, but a trustee may receive reimbursement for any cashexpenditures actually made for personal expenses incurred as such trustee,and an itemized statement of all such expenses and money paid out shall bemade under oath by each of such trustees and filed with the secretary andallowed only by the affirmative vote of all of the trustees present at ameeting of the board.

3. The board of hospital trustees shall make and adopt such bylaws,rules and regulations for its own guidance and for the government of thehospital as may be deemed expedient for the economic and equitable conductthereof, not inconsistent with sections 205.160 to 205.340 and theordinances of the city or town wherein such public hospital is located.The board shall provide by regulation for the bonding of the chiefexecutive officer and may require a bond of the treasurer of the board andof any employee of the hospital as it deems necessary. The costs of allbonds required shall be paid out of the hospital fund. Except as providedin subsection 4 of this section, it shall have the exclusive control of thedeposit, investment, and expenditure of all moneys collected to the creditof the hospital fund, and of the purchase of site or sites, the purchase orconstruction of any hospital buildings, and of the supervision, care andcustody of the grounds, rooms or buildings purchased, constructed, leasedor set apart for that purpose; provided, that all moneys received for suchhospital shall be credited to the hospital and deposited into thedepositary thereof for the sole use of such hospital in accordance with theprovisions of sections 205.160 to 205.340. All funds received by each suchhospital shall be paid out only upon warrants ordered drawn by thetreasurer of the board of trustees of said county upon the properlyauthenticated vouchers of the hospital board.

4. The trustees shall have authority, both within and outside thecounty, except in counties of the third or fourth classification (otherthan the county in which the hospital is located) where there alreadyexists a hospital organized pursuant to chapters 96, 205 or 206, RSMo;provided that this exception shall not prohibit the continuation ofexisting activities otherwise allowed by law, to operate, maintain andmanage a hospital and hospital facilities, and to make and enter intocontracts, for the use, operation or management of a hospital or hospitalfacilities; to engage in health care activities; to make and enter intoleases of equipment and real property, a hospital or hospital facilities,as lessor or lessee, regardless of the duration of such lease; providedthat any lease of substantially all of the hospital, as the term "hospital"is defined in section 197.020, RSMo, wherein the board of trustees islessor shall be entered into only with the approval of the countycommission wherein such hospital is located and provided that in a countyof the second, third or fourth classification, the income to such countyfrom such lease of substantially all of the hospital shall be appropriatedto provide health care services in the county; and further to provide rulesand regulations for the operation, management or use of a hospital orhospital facilities. Any agreement entered into pursuant to thissubsection pertaining to the lease of the hospital, as herein defined,shall have a definite termination date as negotiated by the parties, butthis shall not preclude the trustees from entering into a renewal of theagreement with the same or other parties pertaining to the same or othersubjects upon such terms and conditions as the parties may agree.Notwithstanding any other law to the contrary, the county commission in anynoncharter county of the first classification wherein such hospital islocated may separately negotiate and enter into contractual agreements withthe lessee as a condition of approval of any lease authorized pursuant tothis subsection.

5. The board of hospital trustees shall have power to appoint asuitable chief executive officer and necessary assistants and fix theircompensation, and shall also have power to remove such appointees; andshall in general carry out the spirit and intent of sections 205.160 to205.340 in establishing and maintaining a county public hospital.

6. The board of hospital trustees may establish and operate a daycare center to provide care exclusively for the children of the hospital'semployees. A day care center established by the board shall be licensedpursuant to the provisions of sections 210.201 to 210.245, RSMo. Theoperation of a day care center shall be paid for by fees or charges,established by the board, and collected from the hospital employees who useits services. The board, however, is authorized to receive any privatedonations or grants from agencies of the federal government intended forthe support of the day care center.

7. The board of hospital trustees shall hold meetings at least onceeach month, shall keep a complete record of all its proceedings; and threemembers of the board shall constitute a quorum for the transaction ofbusiness.

8. One of the trustees shall visit and examine the hospital at leasttwice each month and the board shall, during the first week in January ofeach year, file with the county commission of the county a report of itsproceedings with reference to such hospital and a statement of all receiptsand expenditures during the year; and shall at such time certify the amountnecessary to maintain and improve the hospital for the ensuing year.

(RSMo 1939 § 15195, A.L. 1945 p. 983 § 15194, A.L. 1961 p. 522, A.L. 1981 S.B. 425, A.L. 1982 H.B. 1069, A.L. 1986 H.B. 1571, A.L. 1987 H.B. 810, A.L. 1996 S.B. 676, A.L. 1999 H.B. 796 merged with S.B. 276)

Prior revisions: 1929 § 13978; 1919 § 12612

Effective 5-13-99 (S.B. 276) 7-13-99 (H.B. 796)