CCS#2/HCS/SS/SB 64 - This act modifies several provisions relating to health care, including: (1) "Sickle Cell Awareness Week"; (2) "Hypoplastic Left Heart Syndrome Awareness Day"; (3) "Tardive Dyskinesia Awareness Week"; (4) ambulance districts; (5) health information exchanges; (6) communicable diseases; (7) forensic examinations; (8) "Kratom Consumer Protection Act"; (9) feminine hygiene products; (10) COVID-19 vaccine administration; (11) HIV postexposure prophylaxis dispensation; (12) "RX Cares for Missouri Program"; (13) child hearing aids; (14) prepaid dental plans; (15) special victims; (16) offenses of interference with health care facilities and ambulances; and (17) syringe access programs.SICKLE CELL AWARENESS WEEK (Section 9.236)
This act establishes the third full week in September each year as "Sickle Cell Awareness Week".
This provision is identical to a provision in HCS/SS/SCS/SB 46 (2021).
HYPOPLASTIC LEFT HEART SYNDROME AWARENESS DAY (Section 9.288)
This act establishes April 18th of each year as "Hypoplastic Left Heart Syndrome Awareness Day" in Missouri.
This provision is identical to the perfected SB 93 (2021).
TARDIVE DYSKINESIA AWARENESS WEEK (Section 9.289)
This act designates the first full week of May each year as "Tardive Dyskinesia Awareness Week" to promote awareness of the movement disorder tardive dyskinesia. This provision shall expire on August 28, 2026.
This provision is identical to a provision in HCS/SCS/SB 403 (2021) and HB 1053 (2021).
AMBULANCE DISTRICTS (Section 190.053)
Under current law, if any ambulance district board member fails to attend a training session within 12 months of taking office, the member shall not be compensated for meeting attendance until he or she has completed the training. Under this act, if such board member fails to attend a training session with 12 months of taking office, regardless of whether the member received an attendance fee for a training session, the board member shall be ineligible to run for reelection for another term of office until the board member satisfies the training requirement of this provision. This change only applies to members elected after August 28, 2021.
This provision is identical to a provision in HCS/HB 1016 (2021), HCS/SS/SCS/SB 43 (2021), and SB 512 (2021).
HEALTH INFORMATION EXCHANGES (Section 191.237)
Under this act, a participant in a health information network may disclose, access, or use individually identifiable information through the network in accordance with this act and the federal Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH); provided, that an individual has the right to opt out of having his or her identifiable information accessible or delivered through the network. A health information network shall implement policies governing privacy and security of individually identifiable information accessible or delivered through the network. Participants shall maintain a written notice of privacy practices for the network, and shall post such practices on their publicly accessible website.
A health information network shall not be considered a health care provider under this act and shall not be subject to liability for damages or costs arising out a civil action related to rendering of or failure to render health care services. Participants and staff, officers, and members of the board of directors of a health information network shall not be liable in actions for damages or costs, as described in the act. Individually identifiable information received from participants and accessed through a network under this act shall not be subject to discovery or subpoena and no health information network or participant shall be compelled by a request for production, subpoena, court order, or otherwise, to disclose individually identifiable information received from another participant.
These provisions shall not be construed as implementing a prescription drug monitoring program under the Department of Health and Senior Services' authority or compelling a health care provider to report prescription drug information to the Department.
These provision are similar to SB 537 (2021) and SB 1049 (2020).
COMMUNICABLE DISEASES (Sections 191.677, 545.940, 575.155, and 575.157)
Under current law, it is illegal for a person knowingly infected with HIV to donate blood, organs, tissue, or sperm, unless for medical research, as well as illegal for such person to ack recklessly in exposing another person to HIV without their knowledge and consent.
This act modifies those provisions to make it unlawful for a person knowingly infected with a serious infectious or communicable disease to: (1) donate blood, organs, tissue, or sperm, unless for medical research or as deemed medically appropriate by a licensed physician; (2) knowingly expose another person to the disease through an activity that creates a substantial risk of transmission; or (3) act in a reckless manner by exposing another person to the disease through an activity that creates a substantial risk of disease transmission. A "serious infectious or communicable disease" is defined as a non-airborne or non-respiratory disease spread from person to person that is fatal or causes disabling long-term consequences in the absence of lifelong treatment and management. The penalty for donation of blood, organs, tissue, or sperm while knowingly infected with the disease or knowingly exposing another person to the disease shall be a Class D felony, rather than the current Class B felony, and a Class C felony, rather than the current Class A felony, if the victim contracts the disease. The penalty for recklessly exposing another person is a Class A misdemeanor.
It shall be an affirmative defense to this offense if the person exposed to the disease knew that the infected person was infected with the disease at the time of the exposure and consented to the exposure.
This act specifies the actions to be taken during a judicial proceeding to protect the identifying information of the victim and the defendant from public release, except as otherwise specified. Additionally, this act changes similar provisions involving exposure of persons in correctional centers, jails, or certain mental health facilities to HIV or hepatitis B or C to exposure to a serious infectious or communicable disease when the nature of the exposure to the bodily fluid has been scientifically shown to be a means of transmission of the disease.
These provisions are substantially similar to HCS/HB 755 (2021) and similar to SCS/SB 65 (2021) and HB 1691 (2020).
FORENSIC EXAMINATIONS (Sections 192.2520 and 197.135)
This act requires the statewide coordinator for the telehealth network for forensic examinations of victims of sexual offenses to regularly consult with Missouri-based stakeholders and clinicians regarding the training programs offered by the network, as well as the implementation and operation of the network. Current law permits the training to be offered online or in person and this act requires that the training be made available online and permits it to be offered in person. Providers shall not be required to utilize this training, so long as the training utilized by providers is, at a minimum, equivalent to the network's training.
Current law requires licensed hospitals to perform forensic examinations of victims of sexual offenses beginning January 1, 2023. Under this act, such requirement shall only occur beginning January 1, 2023, or no later than 6 months after the establishment of the telehealth network, whichever is later. Under current law, victims under the age of 14 shall be referred to a SAFE CARE provider, as defined by law; the act provides that victims between 14 and 17 years of age may be referred as well. Lastly, no individual hospital shall be required to comply with these provisions unless and until the Department of Health and Senior Services provides such hospital with access to the network for mentoring and training services without charge.
These provisions are identical to provisions in HCS/SS/SCS/SB 43 (2021) and similar to SB 550 (2021).
"KRATOM CONSUMER PROTECTION ACT" (Section 196.1170)
This act creates the "Kratom Consumer Protection Act". Any dealer, as such term is defined in the act, preparing, distributing, selling, or exposing for sale a food represented to be a kratom product shall disclose on the product label the factual basis upon which the representation is made. Such dealer shall not prepare, distribute, sell, or expose for sale a kratom product: (1) adulterated with a dangerous non-kratom substance, including a substance that affects the quality or strength of the kratom product so as to render the product injurious to a consumer; (2) contaminated with a dangerous non-kratom substance, including a substance that is poisonous or otherwise deleterious; (3) containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the product; (4) containing any synthetic alkaloids; or (5) does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product. A dealer shall not distribute, sell, or expose for sale a kratom product to an individual under 18 years of age.
A dealer who violates certain labeling provisions of this act may be assessed a fine as specified in the act and a dealer who violates other provisions, including sales to minors and sales of contaminated or adulterated kratom products, shall be guilty of a Class D misdemeanor. Such dealer may also be subject to a civil cause of action by any aggrieved person for damages incurred.
This act shall preempt any existing or future order, ordinance, or regulation of kratom by any political subdivision of this state.
This provision is identical to HCS/HB 350 (2021) and substantially similar to HB 2061 (2020), provisions in HCS/SS/SB 580 (2020), and HCS/SCS/SB 662 (2020).
FEMININE HYGIENE PRODUCTS (Sections 217.199 and 221.065)
The Director of Corrections and any sheriff or jailer who holds a person in custody shall ensure that an appropriate quantity of feminine hygiene products are available at no cost to female offenders while confined in any correctional center or jail. The General Assembly may appropriate funds to assist with the funding of this requirement.
These provisions have an emergency clause.
These provisions are identical to SB 128 (2021) and HB 318 (2021) and similar to provisions in the perfected SS/SB 212 (2021).
COVID-19 VACCINE ADMINISTRATION (Section 338.010)
This act modifies the definition of pharmacy to include the administration of COVID-19 vaccines by physician protocol.
HIV POSTEXPOSURE PROPHYLAXIS DISPENSATION (Sections 338.010, 338.730)
This act allows a pharmacist to dispense medication for HIV postexposure prophylaxis subject to a written protocol authorized by a licensed physician. Such prophylaxis shall include drugs approved by the Food and Drug Administration that meet the same clinical eligibility recommendations provided in current HIV guidelines published by the Centers for Disease Control and Prevention. The State Board of Registration for the Healing Arts and the State Board of Pharmacy shall jointly promulgate rules and regulations for the administration of this act and shall not do so separately.
These provisions are identical to SCS/SB 79 (2021) and similar to HB 2304 (2020).
"RX CARES FOR MISSOURI" PROGRAM (Section 338.710)
This act modifies the expiration date of the RX Cares for Missouri Program from August 28, 2019, to August 28, 2026.
This provision is identical to SB 519 (2021) and provisions in the perfected SS/SB 63 (2021).
CHILD HEARING AIDS (Section 376.1228)
This act requires health benefit plans delivered, issued, continued, or renewed on or after January 1, 2022, to provide coverage to children under 18 years of age for those hearing aids which are covered for children receiving benefits under MO HealthNet.
This provision is substantially similar to SS/SCS/HS/HB 432 (2021), HCS/SS/SCS/SB 43 (2021), and a provision in SCS/HS/HB 432 (2021) and similar to HB 289 (2021).
PREPAID DENTAL PLANS (Section 376.1575)
This act adds prepaid dental plans to the definition of "health carrier" for purposes of statutes regulating the assessment and validation of practitioners' qualifications to provide patient care services and act as a member of the health carrier's provider network.
This provision is identical to SB 484 (2021) and HB 1002 (2021).
SPECIAL VICTIMS (Section 565.058)
This act provides that any special victim, as defined by law, shall not be required to reveal any current address or place of residence except to the court when in the private chamber of a judge for the purpose of determining jurisdiction and venue. Additionally, any special victim may file a petition with the court alleging assault in any degree by using his or her identifying initials instead of his or her legal name if said petition alleges that he or she would be endangered by such disclosure.
This provision is identical to provisions in HCS/SCS/SB 403 (2021), SB 513 (2021), and HCS/HB 1022 (2021).
OFFENSES OF INTERFERENCE WITH HEALTH CARE FACILITIES AND AMBULANCES (Sections 574.203 and 574.204)
This act creates the offense of interference with a health care facility if a person, excluding a person who has a developmental disability, mental disorder, or mental illness, willfully or recklessly interferes with a health care facility or an employee of such by causing a peace disturbance while inside the facility, refusing an order to vacate a facility, or threatening to inflict injury on patients or employees of the facility or damage the property of the facility. Such offense shall be a Class D misdemeanor on the first offense and a Class C misdemeanor for an subsequent offense. "Health care facility" is defined as a hospital that provides health care services directly to patients.
This act creates the offense of interference with an ambulance service if the person willfully or recklessly interferes with access to or from an ambulance or disrupts ambulance service by threatening to inflict injury on any person providing ambulance services or damage the ambulance. Such offense shall be a Class D misdemeanor on the first offense and a Class C misdemeanor for an subsequent offense.
These provisions are substantially similar to provisions in HCS/SCS/SB 403 (2021) and HCS/HB 1022 (2021).
SYRINGE ACCESS PROGRAMS (Sections 579.040 and 579.076)
Under this act, any entity registered with the Department of Health and Senior Services that possesses, distributes, or delivers hypodermic needles or syringes for the purposes of operating a syringe exchange program or otherwise mitigating health risks associated with unsterile injection drug use shall be exempt from the offense of unlawful distribution, delivery or sale of drug paraphernalia, if such entity is not located within 500 feet of a school building, as well as the offense of unlawful manufacturing with intent to deliver drug paraphernalia.
These provisions are substantially similar to HB 1486 (2020), SB 668 (2020), HCS/SS/SB 580 (2020), and HCS/HB 168 (2019) and similar to SCS/HB 1620 (2019).
SARAH HASKINS