HEALTH AWARENESS DESIGNATIONS (Section 9.152, 9.166, 9.182, 9.300, and 9.309)

This act designates the months of April as "Limb Loss Awareness Month", May as "Mental Health Awareness Month", July as "Minority Mental Health Awareness Month", and September as "Deaf Awareness Month".

This act designates the 22nd day of each month as "Buddy Check 22 Day" to encourage citizens check in on veterans and to raise awareness of the problem of suicide facing military personnel.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), HCS/SS/SB 580 (2020), and the perfected SS/SCS/SB 718 (2020) and similar to a provision in the truly agreed to and finally passed HCS/SB 656 (2020).

AUTOMATED EXTERNAL DEFIBRILLATORS (Sections 190.092 and 190.1005)

This act modifies provisions of the "Public Access to Automated External Defibrillator Act". Under current law, persons or entities that have acquired an automated external defibrillator are required to ensure that: (1) expected users receive training from the American Red Cross, American Heart Association, or other equivalent training course; (2) the defibrillator is maintained and tested according to the manufacturer's operational guidelines; (3) the user activates the emergency medical services system as soon as possible; and (4) person or entity placing a defibrillator outside of a health care facility has a physician review and approve the protocol and training.

This act repeals these provisions and requires that a person or entity who acquires an automated external defibrillator to do the following: (1) comply with all regulations governing placement of the defibrillator; (2) ensure that the defibrillator is maintained and tested to the manufacturer's guidelines; (3) ensure that testing of the defibrillator occurs at least every 2 years and after each use; and (4) ensure that an inspection of all defibrillators on the premises is made every 90 days.

Currently, a person who gratuitously and in good faith renders emergency care through the use or provision of an automated external defibrillator shall not be held liable for any civil damages, unless he or she acted in a willful and wanton or reckless manner. This act extends this immunity to criminal penalties. Additionally, a person who or entity that provides training, owns the defibrillator, or is responsible for the site where the defibrillator is located shall likewise not be held liable. This act repeals such immunity for the person or entity that provided the clinical protocol for the sites or programs and for the licensed physician who reviews and approved the clinical protocol.

Finally, this act requires any training or course in cardiopulmonary resuscitation to include instruction in the proper use of an automated external defibrillator.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020) and SCS/SB 692 (2020) and similar to HCS/SS/SB 580 (2020), HCS/SS#2/SCS/SB 523 (2020), HCS/HB 1460 (2020), SB 423 (2019), and provisions in HCS/SS/SB 145 (2019), HCS/SB 333 (2019), HCS/SCS/SB 363 (2019), SS#3/SCS/HB 113 (2019), and HB 1038 (2019).

POSTPARTUM DEPRESSION (Section 191.940)

This act establishes the "Postpartum Depression Care Act". Under this act, all hospitals and ambulatory surgical centers that provide labor and delivery services shall, prior to discharge following pregnancy, provide pregnant women and, if possible, new fathers and other family members information about postpartum depression, including its symptoms, treatment, and available resources. The Department of Health and Senior Services, in cooperation with the Department of Mental Health, shall provide written information that the hospitals and ambulatory surgical centers may use and shall include such information on its website.

This provision is similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), SB 788 (2020), and SB 263 (2019).

MEDICAL MARIJUANA TELEHEALTH (Section 191.1146)

Under this act, a physician using telehealth to provide a certification for a patient's qualifying medical condition for medical marijuana shall comply with current statutes regarding patient interviews and examinations.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020) and the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020).

MEDICAL MARIJUANA EDIBLES (Section 195.805)

This act prohibits the sale of edible marijuana-infused products that are designed, produced, or marketed in a manner to appeal to persons under 18 years of age, including candies, gummies, lollipops, cotton candy, or products in the shape of a human, animal, or fruit. Each individually wrapped edible marijuana-infused product containing any amount of tetrahydrocannabinols (THC) shall be stamped or the package or wrapping otherwise labeled with a diamond containing the letters "THC" and the number of milligrams of THC in that individually wrapped product.

Any medical marijuana licensed or certified entity regulated by the Department of Health and Senior Services found to have violated this provision shall be subject to sanctions, including an administrative penalty. The Department shall develop a process by which a licensed or certified entity may seek approval of a product design, package, or label prior to manufacture or sale to determine compliance with these provisions.

This provision is similar to provisions in the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020), the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), HCS/SS#2/SCS/SB 523 (2020), SCS/SB 764 (2020), the perfected SCS/SB 6 (2019), and SB 335 (2019).

MEDICAL MARIJUANA BACKGROUND CHECKS (Section 195.830)

The Department shall require all officers, managers, contractors, employees, and other support staff of licensed or certified medical marijuana facilities, and all owners of such facilities who will have access to the facilities or the facilities' supply of medical marijuana, to submit fingerprints to the Highway Patrol for a state and federal criminal background check. The Highway Patrol shall notify the Department of any criminal history record information or lack thereof discovered on the individual. All such records shall be accessible and available to the Department.

This provision is identical to a provision in SCS/SB 764 (2020) and substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS#2/HB 1896 (2020), the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), HCS/SS#2/SCS/SB 523 (2020), and SB 919 (2020).

This provision has an emergency clause.

EPINEPHRINE AUTO-INJECTOR DEVICES (Sections 196.990 and 321.621)

This act adds "qualified first responders" to the definition of "authorized entities" authorized to dispense prescription epinephrine auto-injectors (epi-pens).

Additionally, current law requires certain emergency health care entities and other organizations to maintain epi-pens according to the rules and regulations of the Department of Health and Senior Services. Under this act, the Department of Health and Senior Services shall provide epi-pens for adult patients to fire protection districts in nonmetropolitan areas of Missouri. Possession and use of epi-pens under this act is limited to only such qualified first responders who have completed a training course and maintain the epi-pens pursuant to Department rules. Additionally, every use of an epi-pen shall be reported to a emergency health care provider.

Under this act, the use of an epi-pen is considered first aid or emergency treatment for purposes of liability under the law and shall not constitute the unlawful practice of medicine.

This act establishes the "Epinephrine Auto-injector Devices for Fire Personnel Fund.” The Fund shall be used solely by the Department for the purpose of providing epi-pens to qualified first responder agencies pursuant to this act.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020) and substantially similar to the perfected SCS/SB 617 (2020).

PHYSICIAN MAINTENANCE OF CERTIFICATION OR LICENSURE (Section 334.285)

Under this act, hospitals, health care facilities, and institutions owned, operated, or licensed by the state are prohibited from conditioning employment or the granting of medical staff privileges of a physician based on his or her maintenance of certification or maintenance of licensure. This act also prohibits health carriers from conditioning physician reimbursement or participation in the carrier's health plans on a physician's maintenance of certification or maintenance of licensure.

This provision is identical to SB 933 (2020), substantially similar to SB 891 (2020), and is similar to HB 2355 (2018).

OVERPAYMENT OF HEALTH INSURANCE CLAIMS (Section 376.1345)

This act provides that an amount that a health carrier claims was overpaid for a health care service can only be collected, withheld, or recouped from the provider or third party to which the overpaid amount was originally paid. The notice of withholding or recoupment shall inform the provider or third party of the health care service, date of service, and patient for which the recoupment is being made.

This provision is identical to SB 935 (2020) and a provision in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020).

HEALTH CARE PRACTITIONER CREDENTIALING (Sections 376.1575 and 376.1578)

This act provides that if a health carrier receives a credentialing application, the carrier shall have ten days from sending notice of the application's receipt to request additional information from the practitioner. The application shall be deemed complete upon receipt of the additional information. Within two working days of receipt of the additional information, the carrier shall send notice to the practitioner that the practitioner has submitted a completed application. If the carrier does not request additional information, the application shall be deemed completed as of the date the notice of receipt was sent by the carrier to the practitioner.

The act specifies that the carrier's credentialing decision shall be made within 60 days of receipt of the "completed credentialing application", rather than 60 "business" days of receiving the practitioner's "credentialing information".

If a practitioner's application is approved, the carrier shall provide payments for covered patient care services delivered by the practitioner during the credentialing period, as such terms are defined in the act. A health carrier shall not require a practitioner to be credentialed to receive payments for covered services if the practitioner is providing patient care services, for a period of up to 180 days, on behalf of a credentialed practitioner who is absent as described in the act. Claims payable under these provisions shall be subject to the prompt payment statute.

These provisions are identical to SB 938 (2020) and similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020).

SARAH HASKINS