SECOND REGULAR SESSION
SENATE BILL NO. 1175
91ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR KENNEDY.
Read 1st time February 19, 2002, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
4681S.02I
AN ACT
To amend chapter 198, RSMo, by adding thereto one new section relating to immunizations.
Section A. Chapter 198, RSMo, is amended by adding thereto one new section, to be known as section 198.074, to read as follows:
198.074. 1. Long term facilities, adult day care facilities and assisted living facilities shall make immunizations for influenza and pneumonia available to residents sixty-five years of age or older, on-site on a yearly basis or upon admission. The department shall prescribe by rule, the manner by which such facilities shall document compliance with this section, including documenting residents who refuse to be immunized. The department shall not impose a violation on a licensee for not making an immunization available if there is a shortage of that immunization in this state as determined by the director of the department of health and senior services.
2. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void.