SB 546 Enacts the Prevention First Act
Sponsor: Bray Co-Sponsor(s)
LR Number: 1865S.01I Fiscal Note:
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 2/22/2007 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S324
Title: Calendar Position:
Effective Date: August 28, 2007

Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2007 Senate Bills

Current Bill Summary

SB 546 - This act relates to pregnancy prevention and abortion.

SEXUAL EDUCATION - Any individual who believes that a school district's curriculum on human sexuality does not comply with state law may request the principal or superintendent of the school district to comply with current law. The principal or superintendent shall correct the problem within 90 days and if the problem is not so corrected, the individual may appeal to the local board of education for state law compliance. This act also provides for a ban on organizations that oppose contraception from teaching school in the public schools (SECTION 170.015).

COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES - This act provides that hospitals and health care facilities are required to do the following:

(1) Provide each sexual assault victim with medically and factually accurate information about emergency contraception;

(2) Orally inform each victim that emergency contraception may be provided at the hospital;

(3) Provide the complete regimen of emergency contraception immediately to the victim who requests it; and

(4) Follow the Department of Justice protocols on HIV/STI screening and prophylactic treatment.

Hospitals and health care facilities must ensure that they provide their employees with medically and factually accurate information about emergency contraception. The department shall develop, prepare, and produce informational materials relating to emergency contraception to hospitals and health care facilities. The informational materials must be medically and factually accurate, clearly written, and explain the nature of emergency contraception.

The department shall respond to complaints and shall periodically determine whether hospitals and health care facilities are in compliance. If a hospital or a health care facility is not in compliance, then the department shall impose an administrative penalty of $5,000/per woman who is denied information or emergency contraception and a fine of $5,000 for failure to comply with the provisions of this act. For every 30 days that a hospital or health care facility is not in compliance, an additional administrative penalty of $5,000 shall be imposed (SECTIONS 191.717 and 191.718).

BIRTH CONTROL PROTECTION - This act provides that consenting individuals have a protected interest from unreasonable governmental intrusions into their private lives in regards to obtaining and using safe and effective methods of contraception. This act also provides that the laws of this state will be interpreted to recognize these protected rights.

This act also prohibits governmental actors or entities from interfering in a consenting individual's right to the benefits, facilities, services, or information concerning safe methods of contraception. This act also prohibits any laws, rules, ordinances, taxes, or regulations that are implemented to promote public health and safety from unreasonably hindering the public's access to contraceptives (SECTION 191.720).

WOMEN'S HEALTH SERVICES PROGRAM - This act establishes the Women's health services program. Subject to appropriation, the program shall be implemented by the department of health and senior services by July 1, 2008, and shall be initially funded with five million dollars. The goal of the program is to reduce the number of unintended pregnancies in Missouri by providing women's health services through qualified health providers, as determined by the department (SECTION 192.970).

PATIENT PROTECTION - Upon receipt of a valid and lawful prescription or upon a lawful request for contraception approved for over-the-counter use, a licensed pharmacy shall dispense the prescribed drug or device without delay, consistent with the normal time frame for filling any other prescription and shall fulfill the request for the over-counter drug in a timely fashion.

When the customer requests a prescribed drug or device, or contraception approved for over-the-counter use, and such drug or device is not in stock, the pharmacy shall offer the customer the option of having the pharmacy obtain the contraception under the pharmacy's standard procedures for expediting ordering of any drug or device not in stock or the pharmacy may locate another pharmacy of the customer's choice or closest pharmacy that has the drug or device in stock and transfer the customer's prescription to that pharmacy, if necessary. The pharmacy shall perform the customer's chosen option in a timely fashion.

The pharmacy shall ensure that it does not intimidate, threaten, or harass its customers in the delivery of services.

Nothing in this act shall prohibit a licensed pharmacy from refusing to dispense a prescribed drug or device in accordance with standard pharmacy practice if there is a valid medical concern or if the customer is unable to pay for the drug or device (SECTIONS 338.012 AND 338.014).

This act is similar to SB 943 (2006).