- Committee -

SCS/SB 712 - This act increases state emergency health powers.

Definitions are provided for related terms, including "bioterrorism" (Section 44.010). Current law outlines the emergency powers of the Governor. This act adds that such powers are allowed when there exists an imminent threat of a disaster (Section 44.100).

A new section exempts certain persons from liability during a state health emergency. Such individuals include the state, public health authorities, certain real estate owners, persons under contract with the state or asked by the state to assist (Section 44.240).

Current law creates the State Legal Expense Fund to pay awards against the state and its associates. This act adds volunteers who respond to emergencies at the request of the state and local agencies and veterinarians to the list of those covered by the Fund (Section 105.711).

A twelve-month temporary license is currently allowed for a health care practitioner licensed in another state who is acting under military orders and is enrolled in a trauma and disaster response training in this state. This act adds a third category to also allow temporary licensure of a health care practitioner licensed in another state and acting pursuant to a Governor's declaration of a state public health emergency. Temporary licensure for this category will be issued for a two-week period and, after verification of qualifications, may be reissued every two weeks. Licensure information for all three categories may be obtained by any means, including electronic mail. The term "health care professional" means as defined in Section 383.130, RSMo, which includes physicians, dentists, podiatrists, pharmacists, psychologists, or nurses. This portion of the act is identical to SB 714 (2002) (Section 190.500).

A new section requires pharmacists to report unusual or increased prescription trends within 24 hours. Veterinarians, livestock owners, or laboratory directors must report suspicious animals within twenty-four hours of diagnosis. Out-of-state laboratories which collect specimens within Missouri and in-state labs that send specimens out-of-state must report all cases of illness or health conditions. The Department will define this procedure by rule (Section 192.021).

Current law penalizes persons for leaving a quarantine without permission. This act modifies the language and imposes a Class A misdemeanor on those who:

- Refuse to submit to medical exams or testing;

- Refuse to perform medical exams or testing;

- Refuse to comply with isolation or quarantine orders;

- Knowingly put themselves in contact with an isolated or quarantined person;

- Knowingly fail to report or conceal a dangerous disease;

- Refuse to cooperate with investigations;

- Remove quarantine notices;

If anyone performs any of the above acts during a state health emergency, he or she will be guilty of a Class D felony (Section 192.320).

A new section allows the Department to waive the registration and record keeping requirements regarding narcotic drugs (Section 195.041).

Current law allows probate to begin in certain circumstances when it relates to the estate of an absent persons. New language adds an individual's exposure to a specific peril of death due to an actual or suspected terrorist event to the list of circumstances (Section 473.697). Current law also allows a presumption of death after five years and without proof otherwise. New language provides that it will be sufficient to presume a person dead at any time after that person was exposed to a specific peril of death, even if five years have not yet elapsed (Section 490.620).

A new section requires the Department of Mental Health to provide information about mental health support to address the emergency. The Department of Health and Senior Services may assist (Section 630.807).

This act contains an emergency clause.

ERIN MOTLEY