SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES CURLS (Sponsor), TILLEY, BAKER (25), PRATT, LeVOTA, PAGE, McCLANAHAN, ROBB, HUBBARD, AVERY, YATES, JETTON, OXFORD, LOWE (44), LOW (39), LAMPE, CHAPPELLE-NADAL, BLAND, TALBOY, FALLERT, HUGHES, GRISAMORE, WALTON, RUCKER, HAYWOOD, SWINGER, SKAGGS, NOLTE, FISHER, SCHARNHORST, STEVENSON, MAY, THRELKELD, SCHOEMEHL, WALSH, ZWEIFEL, MEADOWS, KOMO, SALVA, KINGERY, DEEKEN, POLLOCK, BRUNS, STORCH, BRINGER AND HARRIS (23) (Co-sponsors).
Read 1st time February 21, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 191, RSMo, by adding thereto two new sections relating to fibromyalgia.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 191, RSMo, is amended by adding thereto two new sections, to be known as sections 191.390 and 191.392, to read as follows:
191.390. 1. There is hereby created within the department of health and senior services the "Missouri Fibromyalgia Awareness Initiative Program". The primary target population for such program shall be women between twenty and sixty years of age.
2. The department shall appoint and convene the "Missouri Fibromyalgia Panel" to be comprised of individuals, who shall act in a voluntary capacity, with knowledge and expertise regarding fibromyalgia research, prevention, educational programs, and consumer needs, to guide program development. The panel shall seek and is authorized to accept private, federal, or other public financial support, grants, or other appropriate moneys to support the program. The department shall provide the panel and program necessary administrative services and support.
3. The panel shall have the following duties:
(1) In consultation with the National Fibromyalgia Association, to raise at least fifty thousand dollars through private funding for the purpose of establishing a public information and outreach campaign for issues related to fibromyalgia, including appropriate educational material to promote early diagnosis and treatment, prevention of complications, improvement of quality of life at home and in the workplace, and addressing mental health and disability issues of fibromyalgia patients; and
(2) To work with other state and local agencies to promote fibromyalgia education and training programs for physicians and other health professionals.
4. This section shall be implemented only to the extent that the panel obtains private funding for the purpose of this section.
191.392. When medications for the treatment of fibromyalgia are restricted for use by a pharmaceutical benefit management procedure, including but not limited to programs such as formulary, preferred drug list, prior authorization program, step therapy or fail first program, a prescriber may override such restriction if:
(1) The preferred treatment has been ineffective in the treatment of the covered person's disease or medical condition, or based on sound clinical evidence and medical and scientific evidence;
(2) The preferred treatment is expected to be ineffective based on the known relevant physical or mental characteristics of the covered person and known characteristics of the drug regimen, and is likely to be ineffective or adversely affect the drug's effectiveness or patient compliance; or
(3) The preferred treatment has caused or is based on sound clinical evidence and medical and scientific evidence is likely to cause an adverse reaction or other harm to the covered person.
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