SECOND REGULAR SESSION
HOUSE BILL NO. 1871
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BARRY.
Read 1st time February 11, 2002, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal section 334.104, RSMo, and to enact in lieu thereof one new section relating to collaborative practice arrangements.
Section A. Section 334.104, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 334.104, to read as follows:
334.104. 1. A physician may enter into collaborative practice arrangements with registered professional nurses. Collaborative practice arrangements shall be in the form of written agreements, jointly agreed-upon protocols, or standing orders for the delivery of health care services. Collaborative practice arrangements, which shall be in writing, may delegate to a registered professional nurse the authority to administer or dispense drugs and provide treatment as long as the delivery of such health care services is within the scope of practice of the registered professional nurse and is consistent with that nurse's skill, training and competence.
2. Collaborative practice arrangements, which shall be in writing, may delegate to a registered professional nurse the authority to administer, dispense or prescribe drugs [and], provide treatment, and order therapies if the registered professional nurse is an advanced practice nurse as defined in subdivision (2) of section 335.016, RSMo. Such collaborative practice arrangements shall be in the form of written agreements, jointly agreed-upon protocols or standing orders for the delivery of health care services.
3. The state board of registration for the healing arts pursuant to section 334.125 and the board of nursing pursuant to section 335.036, RSMo, may jointly promulgate rules regulating the use of collaborative practice arrangements. Such rules shall be limited to specifying geographic areas to be covered, the methods of treatment that may be covered by collaborative practice arrangements and the requirements for review of services provided pursuant to collaborative practice arrangements. Any rules relating to dispensing or distribution of medications or devices by prescription or prescription drug orders under this section shall be subject to the approval of the state board of pharmacy. In order to take effect, such rules shall be approved by a majority vote of a quorum of each board. Neither the state board of registration for the healing arts nor the board of nursing may separately promulgate rules relating to collaborative practice arrangements. Such jointly promulgated rules shall be consistent with guidelines for federally funded clinics. The rulemaking authority granted in this subsection shall not extend to collaborative practice arrangements of hospital employees providing inpatient care within hospitals as defined pursuant to chapter 197, RSMo.
4. The state board of registration for the healing arts shall not deny, revoke, suspend or otherwise take disciplinary action
against a physician for acts arising out of an agreement, which on or after August 28, 1993, shall be a written agreement,
with a registered professional nurse, a pharmacist or registered physician assistant practicing within the scope of his license
or registration. Upon the written request of the physician subject to the action, the record of any such disciplinary licensure
action imposed as a result of an agreement between a physician and a registered professional nurse or registered physician
assistant, whether written or not, prior to August 28, 1993, and all records pertaining to the filing, investigation or review of
an alleged violation of this chapter incurred as a result of such an agreement shall be removed from the records of the state
board of registration for the healing arts and the division of professional registration and shall not be disclosed to any public
or private entity seeking such information from the board or the division. The state board of registration for the healing arts
shall take action to correct reports of alleged violations and disciplinary actions as described in this section which have
been submitted to the National Practitioner Data Bank. In subsequent applications or representations relating to his
medical practice, a physician completing forms or documents shall not be required to report any actions of the state board
of registration for the healing arts for which the records are subject to removal under this section.
Missouri House of Representatives