FIRST REGULAR SESSION
[P E R F E C T E D]
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 73
92ND GENERAL ASSEMBLY
Senate Committee Substitute adopted March 31, 2003.
Taken up March 31, 2003. Read 3rd time and placed upon its final passage; bill passed.
TERRY L. SPIELER, Secretary.
0152S.02P
AN ACT
To amend chapter 192, RSMo, by adding thereto one new section relating to obesity, with an emergency clause.
Section A. Chapter 192, RSMo, is amended by adding thereto one new section, to be known as section 192.975, to read as follows:
192.975. 1. As used in this section, the following words and phrases shall mean:
(1) "Body mass index" or "BMI", the relationship between weight and height used to assess health risks related to excess weight, based on a mathematical formula that is expressed as weight in kilograms divided by height in meters squared (BMI=kg/m2) or weight in pounds divided by height in inches squared and multiplied by 703 (BMI=lbs/in2 x 703);
(2) "Department", the department of health and senior services;
(3) "Dietary guidelines for Americans", the current set of recommendations of the federal government that are designed to help people choose diets that will meet nutrient requirements, promote health, support active lives and reduce chronic disease risks;
(4) "Nutrition education", a planned sequential instructional program that provides knowledge and teaches skills to help students adopt and maintain lifelong healthy eating patterns;
(5) "Obesity", a body mass index of more than 30kg/m2 among adults and among children or a body mass index greater than the ninety-fifth percentile for age and sex in six to ten year olds;
(6) "Overweight", a body mass index between 25kg/m2 and 29.9kg/m2 among adults and children or a body mass index greater than the eighty-fifth percentile but less than the ninety-fifth percentile.
2. There is hereby created the "Missouri Commission on Prevention and Management of Obesity" within the department of health and senior services to be in existence within sixty days of the effective date of this section until August 28, 2005.
3. The functions and duties of the commission shall include, but not be limited to, the following:
(1) Collecting and analyzing data regarding the extent to which children and adults in Missouri suffer from obesity, including data already available to the department of health and senior services, the division of medical services and, where feasible, the data available to commercial insurers;
(2) Listing programs and services currently available to address the health, mental health, and social services needs of overweight children and adults;
(3) Listing funds dedicated within the state through commercial and self insurers, medicaid, and other federal and state funds to maintain such programs and services;
(4) Collecting and analyzing data to demonstrate the economic impact on the state of failure to treat obesity;
(5) Identifying cultural, environmental, and socioeconomic barriers to the prevention and management of obesity;
(6) Identifying specific recommendations that the state must implement to increase obesity prevention and management in children and adults and providing the estimated cost of implementing those recommendations.
4. The commission shall coordinate with the United States Department of Agriculture, the United States Department of Health and Human Services, including the Health Resources and Services Administration, the Centers for Medicaid and Medicare Services, and the Centers for Disease Control and Prevention, the Missouri department of elementary and secondary education, the Missouri department of social services, and the Missouri department of mental health to share resources and information in order to ensure a comprehensive approach to the prevention and treatment of obesity and obesity-related conditions.
5. The commission shall submit a report, including proposed legislation if necessary, to the governor and to the house budget committee and the senate appropriations committee, no later than August 28, 2005. The report shall include information about the economic burden of obesity, available programs and services, and the barriers to such programs and services.
6. The commission shall be composed of at a minimum, the following twenty-two members with consideration given to equal representation by ethnic groups and by geographic area:
(1) The director of the department of health and senior services, or his or her designee;
(2) The commissioner of the department of elementary and secondary education, or his or her designee;
(3) The director of the department of mental health, or his or her designee;
(4) The director of the department of social services, or his or her designee;
(5) The director of the department of insurance, or his or her designee;
(6) The commissioner of the department of higher education, or his or her designee;
(7) A member of the house of representatives as appointed by the speaker of the house of representatives;
(8) A member of the senate as appointed by the president pro tem of the senate;
(9) Two public members, to be appointed by the director of the department of health and senior services;
(10) A representative appointed by the Missouri State Medical Association;
(11) A representative appointed by the Missouri Chapter of the American Academy of Pediatrics;
(12) A representative appointed by the Missouri Nurses Association;
(13) Two persons from the University of Missouri-Columbia with professional knowledge and experience from the fields of medicine, nursing, or dietetics or nutrition sciences, jointly appointed by the deans of the University of Missouri Sinclair School of Nursing, the School of Medicine, and the College of Human and Environmental Sciences;
(14) A representative appointed by the Missouri Dietetic Association;
(15) A representative appointed by the Missouri Restaurant Association;
(16) A representative appointed by the Food Processors' Association;
(17) A representative appointed by the Food Manufacturers' Association;
(18) A representative appointed by the School Food Service Association;
(19) A Missouri representative appointed by the Association of American Medical Colleges; and
(20) A Missouri representative appointed by the American Heart Association.
7. The commission shall have its first meeting no later than October 1, 2003. The director of the department of health and senior services shall serve as chair of the commission. The department shall establish the procedures necessary for the organization and operation of the commission. The commission shall meet and conduct business at least quarterly. Meetings of the commission shall comply with sections 610.010 to 610.030, RSMo.
8. Members of the commission shall receive no compensation.
9. The department shall establish and maintain a resource databank containing information about obesity and obesity-related subjects. Such databank shall be:
(1) Available to educational and research institutions, physicians, hospitals, policy makers, and members of the general public;
(2) Accessible through the department's web site and through printed materials. The department may assess reasonable charges for duplication or sale of materials; and
(3) Implemented by January 1, 2004.
10. The department of health and senior services may provide technical assistance to schools and school districts to create healthy school nutrition environments. For purposes of this subsection, a healthy school nutrition environment shall be defined as one in which nutrition and physical activity are taught and supported in the classroom, the dining room, and throughout the school to provide positive messages that help students develop healthy eating and physical activity habits. A healthy school nutrition environment may include:
(1) A commitment to nutrition and physical activity;
(2) Quality school meals that contain the required nourishment to foster learning and growth based upon the United States Department of Agriculture dietary guidelines for Americans;
(3) Other healthy food options that include sales of foods and beverages that are based on nutrition goals, not profit-making;
(4) Pleasant eating experiences so that children can relax, eat and socialize without feeling rushed;
(5) Nutrition education to build nutrition knowledge and skills into the curriculum to help children make healthy eating and physical activity choices; and
(6) Marketing to motivate parents, teachers, administrators, and the community to work towards a healthy school nutrition environment.
Section B. Because immediate action is necessary to address the needs of overweight children and adults in this state, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.