SB 74
Creates new provisions with respect to the Department of Health and Senior Services
LR Number:
Last Action:
6/29/2005 - Signed by Governor (w/EC)
Journal Page:
HCS SS SCS SBs 74 & 49
Calendar Position:
Effective Date:
Emergency Clause
House Handler:

Current Bill Summary

HCS/SS/SCS/SBs 74 & 49 - This act modifies and creates new provisions with respect to the Department of Health and Senior Services.

MERCURY IMMUNIZATIONS - Under the act, after April 1, 2007, any immunizations administered to knowingly pregnant women or children under three years of age shall not contain more than 1 microgram of mercury per 0.5-milliliter dose.

Beginning April 1, 2007, insurers, health service corporations, or health maintenance organizations who provide coverage for immunizations on a fee schedule or a percentage reimbursement basis shall reimburse at the same rate for immunizations not containing mercury.

The Director of the Department of Health and Senior Services shall exempt the use of a vaccine from compliance with this act if the director finds, and the governor concurs, that an actual or potential public health emergency exists, including an epidemic, outbreak or shortage for which there does not exist a sufficient supply of vaccine that complies with this act that would prevent knowingly pregnant or children less than three years of age from receiving the vaccine. The director shall determine the duration of such exemption.

NEWBORN SCREENING - This act provides that newborn screening requirements are not limited to disorders and conditions specified in current law.

HEPATITIS C INFORMATION - This act requires healthcare employers to make certain information available to their employees on the risk of exposure to hepatitis C, including availability of testing, cost, and protocol for accidental exposure.

The department shall maintain a "Missouri Hepatitis C" Internet website and provide information on the disease and on support groups in Missouri. The website must also contain links providing information on the disease.

DEPARTMENT OF HEALTH AND SENIOR SERVICES FUNDS - This also act creates the Department of Health and Senior Services Administrative and Cost Allocation Fund and the Department of Health and Senior Services Disaster Fund.

The act specifies that the administrative and cost allocation fund will receive funding by appropriations, deposits, and moneys transferred or paid to the department in return for goods and services provided.

The disaster fund will be used during a state of emergency at the direction of the Governor to furnish immediate aid and relief.

As to both funds, the State Treasurer will serve as custodian and the department director will serve as administrator. Also, moneys in these funds will not lapse to general revenue at the end of the biennium, and all interest earned will be deposited into the funds.

This act also provides that any interest earned on the Missouri Public Health Services Fund shall accrue to the fund.

MISSOURI SENIOR ADVOCACY AND EFFICIENCY COMMISSION - This act creates the "Missouri Senior Advocacy and Efficiency Commission." The commission is charged with gathering information pertaining to the quality and efficiency of senior services offered by the state, analyze statutes and administrative rules as to the efficiency or lack thereof of certain programs, utilize staff of the General Assembly to assist seniors in making application for federal prescription drug assistance, serve as a resource for state and federal pharmaceutical benefits, and maintain a web-site and toll-free senior advocacy support telephone number.

BIRTH AND DEATH CERTIFICATES - This act also modifies the birth and death certificate provisions. This act provides that a birth certificate shall be filed within five days of birth and certify the place, time, and date of the live birth by a signature or an electronic process approved by the Department of Health and Senior Services. Current law provides that the certificate be filed within seven days of birth. Also, when a medical certification is filed in order to obtain a death certificate, it must be attested to by either a signature or an electronic process approved by the department.

CONTROLLED SUBSTANCES - This act modifies the provision dealing with controlled substances being only dispensed upon prescriptions. Current law provides that the person filling the prescription shall write the date of filling and his own signature on the prescription. This act provides that the person filling the prescription shall either act as noted above or retain the date of filling and the identity of the dispenser as electronic prescription information.

This act also provides that the supply limitations for Schedule II, III, IV or V controlled substances may be increased if the physician describes on the prescription form or indicates via telephone, fax, or electronic communication to the pharmacy or attached to the prescription form, the medical reason for requiring the larger supply.

PERSONAL CARE ASSISTANCE SERVICES - This act provides that, subject to appropriations, the Department of Health and Senior Services may provide financial assistance for consumer-directed personal care assistance services through eligible vendors, as provided in sections 660.661 through 660.687, to qualified non-Medicaid eligible individuals and specifies the eligibility and program guidelines.

This act has an emergency clause for the provisions relating to the department's funds.