HB 999 -- Sexual Education and Pregnancy Prevention

Sponsor:  Low

This bill changes the laws regarding sexual education, sexually
transmitted infection therapies, and pregnancy prevention.

SEXUAL EDUCATION

The bill changes the requirements for any course materials
relating to human sexuality to include information:

(1)  Based on peer reviewed projects that influence healthy
behavior;

(2)  Showing abstinence from sexual activity as the only sure way
to avoid pregnancy or sexually transmitted infections;

(3)  Regarding the benefits and side effects of contraceptives;

(4)  Regarding the vaccine for human papillomavirus;

(5)  Encouraging communication about sexuality between parents
and their children; and

(6)  Regarding the physical, biological, and hormonal changes of
adolescence, the transitions in human maturity, and responsible
decision-making regarding sexuality and drug and alcohol use.

The bill repeals the provisions prohibiting school districts and
charter schools from providing abortion services and abortion
providers from furnishing human sexuality instruction and
curriculum.  Each school district must make all curriculum
materials, names, and affiliations of presenters used in the
school district available for public inspection prior to its use.

SEXUALLY TRANSMITTED INFECTION THERAPIES

Licensed physicians are allowed to use expedited partner therapy
under certain conditions by dispensing and prescribing
medications for partners of persons diagnosed with certain
sexually transmitted infections even when there is no existing
physician/patient relationship.  This therapy can be utilized in
any county health facility or health district located in an area
if the chlamydia or gonorrhea rate is more than one and a half
times the national rate for these infections or the local case
rate exceeds the latest available national case rate and the most
recent local annual case totals are at least 20% higher than the
case totals for the previous year.  Immunity from civil liability
is given to any licensed physician using expedited partner
therapy unless the action is negligent, reckless, in bad faith,
or malicious.

COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES ACT

The bill establishes the Compassionate Assistance for Rape
Emergencies (CARE) Act which requires hospitals and health care
facilities providing emergency care to sexual assault victims to:

(1)  Provide each victim with medically and factually accurate
and objective written and oral information about emergency
contraception and inform her that emergency contraception can be
provided;

(2)  Immediately provide, if requested by the victim, a complete
regimen of emergency contraception; and

(3)  Follow the federal Department of Justice's protocols on
HIV/STD screening and prophylactic treatment.

The Department of Health and Senior Services is required to
develop, prepare, and produce informational materials about
emergency contraception to be distributed to hospitals and health
care facilities.  The department must respond to any complaints
and complete compliance checks to determine whether hospitals and
health care facilities are following the CARE Act requirements.
If a hospital or a health care facility is not in compliance, the
department will impose an administrative penalty of $5,000 per
woman who is denied information or emergency contraception and a
$5,000 penalty for every 30 days that a hospital or health care
facility is not in compliance.

BIRTH CONTROL PROTECTION ACT

The Birth Control Protection Act is established and specifies
that consenting individuals have a protected interest in freedom
from unreasonable governmental intrusions into their private
lives when obtaining and using safe and effective methods of
contraception.  No governmental actor or entity will be
authorized to interfere in a consenting individual's right to
obtain or use safe and effective methods of contraception or to
interfere with or discriminate against those rights in the
regulation or provision of benefits, facilities, services, or
information.  Laws, rules, ordinances, taxes, or regulations that
are reasonably designed to promote public health and safety in
the sale and distribution of contraceptives are not affected by
the bill.

WOMEN'S HEALTH SERVICES PROGRAM

Subject to appropriations, the Department of Health and Senior
Services must implement a women's health services program by
July 1, 2010.  The program will have a $5 million budget with the
goal of reducing the number of unintended pregnancies in Missouri
by providing women's health services through qualified health
providers as determined by the department.

DISPENSING PRESCRIPTIONS BY PHARMACIES

The bill requires licensed pharmacies to dispense a prescribed
drug or device without delay and in a manner that is consistent
with the normal time frame for filling any other prescription.
If the prescribed drug or device is not in stock, the pharmacy
must use standard procedures for expedited ordering to fulfill
the prescription or locate another pharmacy of the customer's
choice and transfer the prescription.  The pharmacy must carry
out the customer's chosen option in a timely fashion.  A pharmacy
cannot intimidate, threaten, or harass a customer during the
delivery of services.  Over-the-counter contraceptive drug
requests must also be fulfilled in a timely fashion.

The provisions of the bill regarding the women's health services
program will expire six years from the effective date.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am