HCS HB 788 -- PUBLIC HEALTH EMERGENCY PREPAREDNESS

SPONSOR:  Cooper (155)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Health
Care Policy by a vote of 9 to 1.

This substitute changes the laws regarding public health
emergency preparedness.  The substitute:

(1)  Defines "volunteer";

(2)  Specifies that health care professionals and emergency
responders deployed during an emergency are exempt from civil
penalty except for acts of malice;

(3)  Allows the Governor to waive or suspend administrative rules
that would hinder or delay the ability of the Department of
Health and Senior Services to respond to a declared emergency;

(4)  Specifies that the department can recruit, train, and accept
the services of citizen volunteers to dispense medication; and

(5)  Requires the department to provide volunteers with access to
professional staff for training and oversight, develop written
rules, and make sure volunteers understand their
responsibilities.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bill accomplishes improved
health care delivery in public health emergencies and allows
prompt and effective response from volunteers.  Most malpractice
insurance is based on location, and providers are less willing to
volunteer in an emergency because of liability.  The question of
who is going to be liable for the care provided reduces the
willingness of volunteers.  National disaster situations have
required the need for a large number of emergency response
volunteers.  Major catastrophes will tax the existing system, and
the bill is needed to allow volunteers to safely step up to
volunteer.  The bill creates an environment in which volunteers
will be used to provide needed services in emergencies.

Testifying for the bill were Representative Cooper (155);
Department of Health and Senior Services; Department of Public
Safety; Missouri Hospital Association; Office of Homeland
Security, Department of Public Safety; Kevin Tweedy, Missouri One
Disaster Medical Assistance Team and Ambulance Districts
Association of Missouri; Metropolitan Ambulance Services Trust;
Kevin Gunn, City of St. Louis; Missouri Association of Homes for
the Aging; Southwest Center for Independent Living; Missouri
College of Emergency Physicians; Joan Eberhardt, Missouri
Emergency Nurses Association; Frank Foster, EMS Legal Services;
Sharon Lynch, Cole County Health Department; Boone County; Robert
Dodson, MD, St. John's Regional Medical Center; and Missouri
Ambulance Association.

OPPONENTS:  Those who oppose the bill say that the bill allows
treatment outside of a health care provider's scope of practice,
can allow substandard care, and offers blanket immunity rather
than limited liability.  The bill also presents questions with
training of volunteers such as when, how, and have they been
appropriately trained.  There is a need for quality care in all
situations, not substandard care.

Testifying against the bill was Missouri Association of Trial
Attorneys.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:20 am