Missouri State Senate

Introduced

SB 943 - This act relates to prevention programs to reduce abortions.

SEXUAL EDUCATION

This section modifies the sexual education provisions to include that any individual may request the state auditor to investigate a local school district's curriculum on human sexuality. Should any deficiencies in the school district's curriculum be found and not corrected to the satisfaction of the State Auditor and Attorney General, the school district shall be considered as having a negative result for purposes of meeting the objectives of any school improvement plan of the district. (SECTION 170.015).

COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES

This act provides that hospitals and health care facilities are required to do the following:

• provide each sexual assault victim with medically and factually accurate information about emergency contraception;

• orally inform each victim that emergency contraception may be provided at the hospital; and

• provide the complete regimen of emergency contraception immediately to the victim who requests it.

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, 2007, 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

This act provides that every licensed pharmacy owes a duty to properly fill the valid and lawful prescriptions of customers. Under this act, every licensed pharmacy shall require employees and prospective employees to notify in writing of categories or types of prescriptions that he or she would decline to fill due to sincerely held religious beliefs.

The licensed pharmacy may attempt to accommodate the employee's beliefs so long as such accommodation can be made without causing undue hardship to the pharmacy or its clients.

The licensed pharmacy has a duty to ensure that each customer is not subjected to humiliation, breaches of confidentiality or pressure to fill or not fill a prescription, regardless of whether an accommodation was implemented. Violation of these duties shall subject the licenced pharmacy to disciplinary action from the Board of Pharmacy (SECTION 338.012).

This act is similar to SB 3 from the 2005 Special Session.

ADRIANE CROUSE

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