Mo. Rev. Stat. » Chapter 221
Missouri Revised Statutes

Mo. Rev. Stat. § 221.120 (2026)

Medicine and medical attention for prisoners, definitions

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  221.120.  Medicine and medical attention for prisoners, definitions. — 1.  If any prisoner confined in the county jail is sick and in the judgment of the jailer, requires the attention of a physician, dental care, or medicine, the jailer shall procure the necessary medicine, dental care or medical attention necessary or proper to maintain the health of the prisoner; provided, that this shall not include any gender transition surgery, as defined in section 191.1720.  The costs of such medicine, dental care, or medical attention shall be paid by the prisoner through any health insurance policy as defined in subsection 3 of this section, from which the prisoner is eligible to receive benefits.  If the prisoner is not eligible for such health insurance benefits then the prisoner shall be liable for the payment of such medical attention, dental care, or medicine, and the assets of such prisoner may be subject to levy and execution under court order to satisfy such expenses in accordance with the provisions of section 221.070, and any other applicable law.  The county commission of the county may at times authorize payment of certain medical costs that the county commission determines to be necessary and reasonable.  As used in this section, the term "medical costs" includes the actual costs of medicine, dental care or other medical attention and necessary costs associated with such medical care such as transportation, guards and inpatient care.

  2.  The county commission may, in their discretion, employ a physician by the year, to attend such prisoners, and make such reasonable charge for his service and medicine, when required, to be taxed and collected as provided by law.

  3.  As used in this section, the following terms mean:

  (1)  "Assets", property, tangible or intangible, real or personal, belonging to or due a prisoner or a former prisoner, including income or payments to such prisoner from Social Security, workers' compensation, veterans' compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, compensation paid to the prisoner per work or services performed while a prisoner or from any other source whatsoever, including any of the following:

  (a)  Money or other tangible assets received by the prisoner as a result of a settlement of a claim against the state, any agency thereof, or any claim against an employee or independent contractor arising from and in the scope of the employee's or contractor's official duties on behalf of the state or any agency thereof;

  (b)  A money judgment received by the prisoner from the state as a result of a civil action in which the state, an agency thereof or any state employee or independent contractor where such judgment arose from a claim arising from the conduct of official duties on behalf of the state by the employee or subcontractor or for any agency of the state;

  (c)  A current stream of income from any source whatsoever, including a salary, wages, disability benefits, retirement benefits, pension benefits, insurance or annuity benefits, or similar payments; and

  (2)  "Health insurance policy", any group insurance policy providing coverage on an expense-incurred basis, any group service or indemnity contract issued by a not-for-profit health services corporation or any self-insured group health benefit plan of any type or description.

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(RSMo 1939 § 9223, A.L. 1995 H.B. 424, A.L. 2023 S.B. 49, et al.)

Prior revisions: 1929 § 8554; 1919 § 12579; 1909 § 1601

Notes of Decisions
Cited in 11 cases (8 in the last 5 years), 1967–2024 · leading case: Jackson v. Hartford Accident & Indem. Co., 484 S.W.2d 315 (Mo. 1972).
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Jackson v. Hartford Accident & Indem. Co., 484 S.W.2d 315 (Mo. 1972). · cites it 5× “[§ 221.120, V.A.M.S.] Similarly, the only plausible federal constitutional or statutory right to be here is that of an individual to be free from cruel and unusual punishments under the Eighth and Fourteenth Amendments to the Constitution of the United States.”
Jones v. Houser, 489 F. Supp. 795 (E.D. Mo. 1980). · cites it 4× “Count II names the Sheriff alone, due to his alleged failure to provide medical care to prisoners in his custody, as required by § 221.120 R.S.Mo. (1969), or to ensure that his subordinates provided such care, as required by § 221.”
Miller v. Owsley, 422 S.W.2d 39 (Mo. 1967). · cites it 2× “He also has certain duties relative to medical attention for prisoners imposed by § 221.120. The issues of whether he has breached the duties enumerated in this paragraph are jury questions if sufficient evidence is offered to make a submissible case thereon, just as the issue…”
Malcich v. St. Louis Cnty., No. 4:20-cv-01030 (E.D. Mo. Aug. 17, 2021). · cites it 17× “§ 221.120. (Doc. No. 41). Plaintiff Angela Malcich raises a number of claims related to the death of her son Daniel Stout.”
., No. 6:18-cv-03170 (W.D. Mo. Mar. 30, 2021). · cites it 6× “Missouri Revised Statute § 221.120 states: If any prisoner confined in the county jail is sick and in the judgment of the jailer, requires the attention of a physician, dental care, or medicine, the jailer shall procure the necessary medicine, dental care or medical attention…”
., No. 6:18-cv-04114 (W.D. Mo. Mar. 30, 2021). · cites it 6× “Missouri Revised Statute § 221.120 states: If any prisoner confined in the county jail is sick and in the judgment of the jailer, requires the attention of a physician, dental care, or medicine, the jailer shall procure the necessary medicine, dental care or medical attention…”
., No. 6:18-cv-03212 (W.D. Mo. Mar. 30, 2021). · cites it 6× “Missouri Revised Statute § 221.120 states: If any prisoner confined in the county jail is sick and in the judgment of the jailer, requires the attention of a physician, dental care, or medicine, the jailer shall procure the necessary medicine, dental care or medical attention…”
Starks v. St. Louis Cnty., No. 4:21-cv-00435 (E.D. Mo. Apr. 1, 2022). · cites it 5× “In their Motion for Judgment on the Pleadings, the County and Defendant Trachsel make the following three arguments: (1) Plaintiff’s claims under § 1983 are barred by the applicable statute of limitations; (2) Plaintiff has failed to state a claim in Count II, III, IV, and V, in…”
Kern v. St. Charles Cnty., No. 4:20-cv-00884, 2022 WL 1262507 (E.D. Mo. Apr. 28, 2022). · cites it 2× “§ 1983 (III) negligence per se, based on violation of Mo. Rev. Stat. § 221.120 ; and (IV) wrongful death, pursuant to Mo.”
Rudolph v. Jefferson Cnty. Jail/Sheriff Dept, No. 4:22-cv-00491 (E.D. Mo. Aug. 3, 2022). · cites it 2× “239, 245 (1983); Mo. Rev. Stat. § 221.120 . For this reason, Plaintiff's official-capacity claim against Short, an employee of Jefferson County, fails to state a claim for relief and must be dismissed under 28 U.”
Carter v. Fredrickson, No. 2:24-cv-00039 (E.D. Mo. Oct. 15, 2024). “Defendants, and each of them, violated the Missouri Revised Statutes, Chapter 221 (Jail and Jailers) under MO Rev § 221.120 (2022). Plaintiffs’ Amended Complaint alleges seven claims, all of which are brought under 42 U.”
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