HB 1771 -- Declared States of Emergency

Co-Sponsors:  Barry, Reid

This bill pertains to declared states of emergency.

The bill:

(1)  Contains a definition for "bio-terrorism" and includes the
definition under the existing definition for "disasters."  The
term "imminent threat" is included under the existing definition
for "emergency";

(2)  Exempts the state, political subdivisions, the Governor, and
other specified persons from liability for the death or injury of
a person or from damage to property resulting from an emergency.
The exemption does not apply to cases of gross negligence or
willful misconduct;

(3)  Provides immunities from civil liability for persons, firms,
corporations, and other specified individuals who render
assistance during an emergency;

(4)  Adds volunteers who respond to emergencies to the list of
persons covered by the State Legal Expense Fund;

(5)  Requires all licensed pharmacists to report to the
Department of Health and Senior Services any unusual or increased
prescription rates, unusual types of prescriptions, or unusual
trends in pharmacy visits that may be potential causes for an
emergency;

(6)  Requires all veterinarians, veterinarian diagnostic
laboratories, and livestock owners to report to the department
any animal having or suspected of having an illness, disease, or
health condition identified as a potential cause of an emergency;

(7)  Requires all out-of-state laboratories that collect
specimens in Missouri to report to the department any case
involving persons who have any illness or health condition that
may be a potential cause of an emergency;

(8)  Amends Section 192.320, RSMo, pertaining to the authority
and duties of the department by adding language pertaining to
medical examinations for infectious or communicable diseases,
violations of isolation and quarantine orders issued by the
department, mandatory reporting of infectious or communicable
diseases, and refusing to cooperate with the department during a
disease outbreak;

(9)  Contains penalty provisions for persons who violate Section
192.320 during an emergency or during a non-emergency period.
Persons who violate Section 192.320 during an emergency will be
guilty of a class D felony.  Persons who violate Section 192.320
during a non-emergency period will be guilty of a class A
misdemeanor;

(10)  Allows the Attorney General to file suit in circuit court
for injunctive relief pertaining to Section 192.320, the
authority and duties of the department;

(11)  Allows the department to waive the registration and
record-keeping requirements of the Narcotic Drug Act during an
emergency if the department determines that the waiver is in the
best interests of the public's health;

(12)  Revises a provision pertaining to the application of
letters of administration upon a missing person or a decedent's
estate.  Language is added pertaining to a specific peril of
death due to an actual or suspected terrorist event; and

(13)  Revises the provision pertaining to the presumption of
death.  A person exposed to a specific peril of death can be a
sufficient cause for determining that the person died after the
exposure and less than five years after the date of the person's
absence.

The bill contains an emergency clause.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:02 am