HB 2272 -- Prevention First Act

Sponsor:  Wright-Jones (63)

This bill changes the laws regarding sexual education, abortions,
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 provision 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.

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 and the personnel treating the victim
with medically and factually accurate information about emergency
contraception and inform them 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 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 from
unreasonable governmental intrusions into their private lives
when obtaining and using safe and effective methods of
contraception.  Missouri's laws will be interpreted to recognize
these protected rights and prohibit governmental actors or
entities from interfering in a consenting individual's right to
the benefits, facilities, services, or information concerning
safe methods of contraception.  No laws, rules, ordinances,
taxes, or regulations that are implemented to promote public
health and safety can unreasonably hinder the public's access to
contraceptives.

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, 2009.  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 ordering procedures to fulfill the prescription
or locate another pharmacy of the customer's choice and transfer
the customer's 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 drugs 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
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm