- Perfected -

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

The Joint Committee on Terrorism, Bioterrorism, and Homeland Security is created, to be composed of seven members of the House and seven members of the Senate. A new Section 38.050 provides for appointments to continue during the member's term of office. No party may be represented by more than four members from either chamber. The Committee must analyze current efforts, devise a standard reporting system, determine changes needed, and make other recommendations. The Committee must meet within thirty days after its creation and must meet at least quarterly thereafter. A report is due by January 15th of each year. This portion of the act will expire December 31, 2007, and is identical to SB 983 (Section 38.050).

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 is a major natural or man-made disaster, an act of biological terrorism, or there exists an imminent threat of a disaster (Section 44.100).

A new section exempts the state and its officers from liability when responding to a state emergency (Section 44.240).

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 (Section 190.500).

A new section requires pharmacists to report unusual or increased prescription trends within 24 hours. 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).

This act adds an exemption to Sunshine Law, allowing closure of meetings and records regarding specific information on certain terrorism readiness issues. However, certain information regarding municipal utilities and information regarding costs of security measures shall not be considered closed. This portion of the act is substantially similar to portions contained in SB 854 (Section 610.021).

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