Missouri Revised Statutes

Mo. Rev. Stat. § 459.010 (2026)

Definitions

✓ current as of May 2026

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459.010. Definitions. — As used in sections 459.010 to 459.055, the following terms mean:

(1) "Attending physician", the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient;

(2) "Competent person", a person eighteen years of age or older of sound mind who is able to receive and evaluate information and to communicate a decision;

(3) "Death-prolonging procedure", any medical procedure or intervention which, when applied to a patient, would serve only to prolong artificially the dying process and where, in the judgment of the attending physician pursuant to usual and customary medical standards, death will occur within a short time whether or not such procedure or intervention is utilized. Death-prolonging procedure shall not include the administration of medication or the performance of medical procedure deemed necessary to provide comfort, care or to alleviate pain nor the performance of any procedure to provide nutrition or hydration;

(4) "Declaration", a document executed in accordance with the requirements of section 459.015;

(5) "Physician", a person licensed to practice medicine and surgery by the state board of registration for the healing arts;

(6) "Terminal condition", an incurable or irreversible condition which, in the opinion of the attending physician, is such that death will occur within a short time regardless of the application of medical procedures.

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(L. 1985 S.B. 51 § 1)

(1988) A guardian may not order termination of nutrition and hydration from incompetent ward who is neither dead nor terminally ill although ward is in persistent vegetative state. Cruzan, by Cruzan v. Harmon, 760 S.W.2d 408 (Mo. banc).

(1990) United States Constitution does not prohibit Missouri from requiring that evidence of an incompetent's wishes as to the withdrawal of life-sustaining treatment be proven by clear and convincing evidence. Cruzan v. Director, Mo. Dept. of Health, 110 S. Ct. 2841.

Notes of Decisions

Cited in 5 cases, 1988–1990 · leading case: Cruzan Ex Rel. Cruzan v. Harmon, 760 S.W.2d 408 (Mo. 1988).

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Cruzan Ex Rel. Cruzan v. Harmon, 760 S.W.2d 408 (Mo. 1988). · cites it 29× “Missouri's statute, Sections 459.010, et seq., RSMo 1986, is modeled after URITA, but with substantial modifications which reflect this State's strong interest in life.”

Cruzan Ex Rel. Cruzan v. Dir., Missouri Dep't of Health, 497 U.S. 261 (1990). · cites it 2× “It then decided that the Missouri Living Will statute, Mo. Rev. Stat. § 459.010 et seq. (1986), embodied a state policy strongly favoring the preservation of life.”

In Re Est. of Longeway, 549 N.E.2d 292 (Ill. 1989). “Death-prolonging procedure shall not include the administration of medication or the performance of medical procedure deemed necessary to provide comfort care or to alleviate pain nor the performance of any procedure to provide nutrition or hydration.”

McConnell v. Beverly Enter.-Connecticut, Inc., 553 A.2d 596 (Conn. 1989). “) Mo. Rev. Stat. § 459.010 (3) (1986). The American Medical Association and The President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research agree that artificial nutrition and hydration are forms *706 of medical treatment that may…”

Keiner v. Cmty. Convalescent Ctr., 549 N.E.2d 292 (Ill. 1989). “Death-prolonging procedure shall not include the administration of medication or the performance of medical procedure deemed necessary to provide comfort care or to alleviate pain nor the performance of any procedure to provide nutrition or hydration.”

— Mo. Rev. Stat. § 459.010(3) — 1 case

Cruzan Ex Rel. Cruzan v. Harmon, 760 S.W.2d 408 (Mo. 1988). “Missouri's statute, Sections 459.010, et seq., RSMo 1986, is modeled after URITA, but with substantial modifications which reflect this State's strong interest in life.”

— Mo. Rev. Stat. § 459.010(6) — 1 case

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