CCS HS HCS SCS SB 266 -- DEPARTMENT OF HEALTH PROGRAMS

This bill contains provisions pertaining to the Department of
Health.

EXPOSURE CONTROL FOR BLOOD-BORNE PATHOGENS

The bill:

(1)  Requires the Department of Health to develop a blood-borne
pathogen standard governing the occupational exposure of public
employees to blood and other potentially infectious materials
that meets the standard developed by the Occupational Safety and
Health Administration (OSHA).  The standard must be adopted no
later than February, 2002;

(2)  Requires the establishment of an evaluation committee and
specifies the members, qualifications, terms, and duties of the
committee;

(3)  Requires the department to compile and maintain a list of
needleless systems and sharps with engineered sharps injury
protection;

(4)  Requires the department to issue an annual report on the
use of needle safety technology.  The report must be made
available to the public on the department's web site by February
15 of each year; and

(5)  Requires persons to report a suspected violation and
subjects employers to a reduction or loss in state funding for
violating provisions of the bill.

AUTOMATED EXTERNAL DEFIBRILLATOR ADVISORY COMMITTEE

The bill establishes an Automated External Defibrillator
Advisory Committee within the Department of Health, subject to
appropriation.  The committee will advise the department, Office
of Administration, and the General Assembly on the feasibility
of placing automated external defibrillators in public
buildings.  The committee must issue a final report by December
31, 2002, and terminates on June 1, 2003.

ADOPTION AWARENESS LAW

The bill requires the Department of Social Services, with
assistance from the Department of Health, to collect and
distribute resource materials about adoption and foster care to
the public.  The Department of Social Services is also required
to develop and distribute educational materials on the positive
aspects of adoption and foster care.  The educational materials
will be made available to specified clinics, hospitals, and
facilities for patients who request the materials.

STATEWIDE LUPUS PROGRAM

The bill establishes a statewide Systemic Lupus Erythematosus
Program in the Department of Health.  Subject to appropriation,
the program is required to:

(1)  Track and monitor the prevalence of lupus;

(2)  Identify medical professionals and providers who specialize
in the treatment of lupus and related diseases; and

(3)  Promote lupus research and public awareness through
collaboration with academic researchers, local boards, and the
Missouri Chapter of the Lupus Foundation.

The department may utilize or expand existing programs such as
the state Arthritis Program, Office of Minority Health, and the
Office of Women's Health to meet the requirements of the bill.

DEPARTMENT OF HEALTH LICENSURE EXEMPTION

Effective July 1, 2005, manufacturers or distributors of soft
drinks are exempt from Department of Health licensure
requirements for soft drink manufacturers if they satisfy all
applicable Food and Drug Administration regulations.

LONG-TERM CARE FOR ELDERS

The bill exempts developments authorized under the
Aging-in-Place Pilot Program from Sections 197.300 to 197.367,
RSMo, the Certificate of Need Law.

TUBERCULOSIS

The bill revises the definition of a local board and provisions
concerning a local board of health's filing for a petition to
commit persons with active tuberculosis or persons who are
potential transmitters by adding provisions concerning emergency
temporary commitment.

If a person with active tuberculosis or who is a potential
transmitter conducts himself or herself in a manner which
exposes others to the immediate danger of infection, the board
can file an ex parte petition with a circuit court for emergency
temporary commitment.

After the petition has been filed, the circuit court is required
to hear the matter within 96 hours.  The local board has the
authority to detain the person named in the petition pending the
circuit court's decision on the petition.  Currently, a
non-emergency petition filed with the circuit court will be
heard in 5 days or no later than 15 days after the non-emergency
petition has been filed.

If the ex parte petition is granted, the person named in the
petition will be committed to the Missouri Rehabilitation Center
until a full hearing is held.

WOMEN'S HEALTH SERVICES

The bill makes several changes in the law governing the
provision of preventive health care services for women.  In its
main provisions, the bill:

(1)  Requires health carriers that offer obstetrical/
gynecological coverage and pharmaceutical coverage to provide
direct access to an obstetrician or gynecologist of the
patient's choice within the provider network for covered
services when the care is medically indicated;

(2)  Requires health carriers to notify enrollees of covered
cancer screenings at regular intervals consistent with American
Cancer Society guidelines and specifies the method of
notification;

(3)  Requires coverage for the diagnosis, treatment, and
management of osteoporosis for individuals with a condition or
medical history in which bone mass measurement is medically
indicated.  Testing or treatment must give consideration to peer
reviewed medical literature;

(4)  Requires health carriers that provide pharmaceutical
coverage to include coverage for contraceptives, except for
drugs and devices that are intended to induce an abortion.
Coverage for prescriptive contraceptive drugs or devices is not
excluded if prescribed for other diagnosed medical conditions;

(5)  Exempts specified insurance policies from the provisions of
the bill;

(6)  Allows health carriers to issue a health benefit plan to
persons or entities which excludes coverage for contraceptives
if based on a person's or entity's moral, ethical, or religious
beliefs.  Health carriers owned and operated by religious
entities are exempt from the insurance requirement for
contraceptive coverage;

(7)  Requires non-exempt health carriers to allow enrollees to
purchase a health benefit plan which includes coverage for
contraceptives if the plan excludes coverage for contraceptives;
and

(8)  Requires health carriers to provide clear and conspicuous
notice in the enrollment form whether contraceptives are
included in the plan and that the individual has the right to
have them included or excluded from the plan.  Carriers are
prohibited from disclosing any individual's request for
inclusion or exclusion of contraceptive coverage.  Further, no
carrier or purchaser of a plan may discriminate against an
enrollee because of the enrollee's request regarding
contraceptive coverage.

CHILDHOOD LEAD TESTING PROGRAM

The bill requires all health insurers and managed care delivery
entities to offer coverage for testing pregnant women for lead
poisoning and for all testing for lead poisoning authorized by
Sections 701.340 to 701.349 pertaining to the abatement of lead
and the prevention of lead poisoning.  Coverage for the testing
is also required if the Department of Health develops rules as
authorized by the bill.  This provision is effective January 1,
2002.

Insurers are prohibited from requiring any greater deductible or
co-payment than any other health care service provided by the
policy, contract, or plan.  Specified insurance policies are
exempted from the provisions of the bill.

The bill also revises provisions pertaining to the abatement of
lead and the prevention of lead poisoning.  In its main
provisions, the bill:

(1)  Requires fees for laboratory testing of blood specimens for
lead content completed by the Department of Health to be
deposited in the Childhood Lead Testing Fund;

(2)  Requires the Director of the Department of Health to report
cases of lead poisoning to local boards of health, public health
agencies, and other persons and organizations;

(3)  Beginning January 1, 2002, requires the department to
implement a Childhood Lead Testing Program subject to
appropriation.  Each child less than 6 years of age will be
tested for lead poisoning.  Health care facilities serving
children less than 6 years old, including hospitals and clinics
licensed under Chapter 197, are required to take appropriate
measures to ensure that their patients receive lead poisoning
testing.  Children whose parent or guardian objects to lead
testing in writing are not required to be tested;

(4)  Requires the department to identify geographic areas of the
state that are at high risk for lead poisoning.  The department,
in conjunction with the Department of Social Services, is
required to develop a questionnaire to assess children who may
be at a high risk for lead poisoning;

(5)  Requires laboratories who provide test results for lead
poisoning to notify the department of any child who tests
positive for lead poisoning.  The department is required to
develop rules pertaining to follow-up testing;

(6)  Specifies the duties of the department concerning childhood
lead testing;

(7)  Requires every child care facility and every child care
facility affiliated with a school system, business organization,
or non-profit organization to request that a child's parent or
guardian provide evidence of lead poisoning testing if these
entities are located in high risk areas;

(8)  Prohibits children from being denied access to education or
a child care facility for failure to comply with provisions of
the bill;

(9)  Creates the Childhood Lead Testing Fund in the state
treasury and contains provisions concerning the deposit and use
of funds for the administration of childhood lead programs;

(10)  Requires the department to develop rules to implement the
provisions of the program;

(11)  Permits political subdivisions to adopt equivalent or more
stringent ordinances or laws pertaining to childhood lead
testing; and

(12)  Contains a severability provision.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:47 am