HB 1563
Modifies provisions relating to school social workers, prescription drugs, collaborative practice arrangements, behavior analysts, and an employee disqualification list
Sponsor:
LR Number:
5569S.06T
Last Action:
7/12/2012 - Signed by Governor
Journal Page:
Title:
SS SCS HCS HB 1563
Calendar Position:
Effective Date:
August 28, 2012
House Handler:

Current Bill Summary

SS/SCS/HCS/HB 1563 - This act modifies provisions relating to healthcare services.

SCHOOL SOCIAL WORKERS

This act authorizes accredited Missouri colleges and universities to issue a document that verifies and acknowledges completion of a school social work program. Individuals seeking the document must have a degree in social work and either hold a credential in school social work from a nationally recognized credentialing organization or have passed a school social work exam approved by the State Committee for Social Workers. The Department of Higher Education will develop the document being issued. This section contains an emergency clause.

Section 173.1400

The State Committee for Social Workers is authorized to issue a document to verify and acknowledge completion of a school social work program. The document will be issued to individuals holding a license issued by the Committee, submitting a fee, and either holding a credential issued by a nationally recognized organization or having passed a specified exam. The document issued is not a license or certificate and conveys no authority to practice social work. The document issued will not expire or subject the holder to discipline under a professional licensing provision.

SECTION 337.647

These provisions are similar in purpose to SB 870 (2012) and HB 1803 (2012) and similar to a provision in HCS/SB 667 (2012).

PRESCRIPTION DRUGS

A pharmacist, in good faith, may sell and dispense controlled substances to any person upon a prescription of a practitioner located in another state, provided that:

(1) The prescription was issued according to and in compliance with the applicable laws of that state and the United States; and

(2) The quantity limitations specified under this act apply to prescriptions dispensed to patients located in this state. SECTION 195.060

Currently, the quantity of Schedule III, IV or V controlled substances dispensed at any one time is limited to a 90-day supply with the ability to increase the amount up to 3 months under certain circumstances. This act provides that such supply limitations shall not apply if the prescription is issued by a practitioner located in another state according to and in compliance with the applicable laws of that state and the United States and dispensed to a patient located or residing in another state.

SECTION 195.080

Under current law, physician assistants who are authorized to prescribe controlled substances shall register with the federal Drug Enforcement Administration and the State Bureau of Narcotics and Dangerous Drugs and shall include such registration numbers on prescriptions for controlled substances. This amendment requires the physician assistants to only include the registration number from the Drug Enforcement Administration on the prescriptions.

SECTION 334.747

These provisions are similar to SB 785 (2012) and are contained in HCS/HB 1193 (2012), HB 1372 (2012) & SB 710 (2012).

PHARMACIES AND PRESCRIPTION DRUGS

This act allows a pharmacy to sell, purchase, or trade prescription drugs to pharmacies not licensed in Missouri if the total dollar amount of the sales, purchases, or trades are in compliance with the rules of the Board of Pharmacy, but in no event exceed 5% of the pharmacy's total annual prescription drug sales. Pharmacies must establish and maintain inventories and records of all transactions regarding prescription drugs for two years. This information must be readily available upon request by the Board of Pharmacy. The Board is authorized to promulgate rules regarding these provisions.

SECTION 338.315

The Board of Pharmacy is authorized to promulgate rules allowing the distribution of drugs by out-of-state pharmacies in the event of an emergency or to alleviate a supply shortage. SECTION 338.333

These provisions are similar to HB 1070 (2012) and are contained in HCS/SB 742 (2012).

COLLABORATIVE PRACTICE ARRANGEMENTS (Section 334.104)

Currently, a collaborating physician must review a certain percentage of an advanced practice registered nurses charts. This act allows the collaborative practice arrangements to specify alternative doctors to review the charts. This section is similar to HB 1996 (2012).

BEHAVIOR ANALYSTS (Sections 337.300 - 337.347)

This act modifies provisions relating to temporary behavior analysts, temporary assistant behavior analysts, provisional behavior analysts, provisional assistant behavior analysts, and the Behavior Analyst Advisory Board.

Currently, the Governor selects one of the professional members of the State Committee of Psychologists to serve on the Behavior Analyst Advisory Board. This act mandates that the committee will select by a majority vote which professional member of the committee will serve on the advisory board

The Behavior Analyst Advisory Board will review all applications for any behavior analyst license. The board will also recommend to the State Committee of Psychologists rules for promulgation regarding all types of behavior analyst licenses.

Submission of a fee set by the State Committee of Psychologists will be required before a temporary license is issued. For licensure as a temporary assistant behavior analyst, proof of a valid license as an assistant behavior analyst in another state is required.

The requirements for submission of a passport photograph, passage of an examination, and board certification are eliminated for provisional licenses. To receive a provisional license, the applicant must submit a complete application, pay the appropriate fee, and satisfy the requirements for either a licensed behavior analyst or licensed assistant behavior analyst, depending the provisional license sought. Those holding provisional licenses may only practice under the supervision of licensed behavior analyst. Provisional licenses will terminate upon issuance of a permanent license, a finding of cause to discipline, termination of supervision, or one year after issuance. Provisional licenses may only be renewed for one additional year.

No person shall hold themselves out as having a temporary or provisional license unless they meet the applicable requirements. Individual holding a temporary or provisional license shall limit their practice to their respective areas of competence and not practice in another area without obtaining additional training, education, and experience.

To receive reimbursement, the supervising behavior analyst shall do the billing to insurance providers for the services of temporary licensed behavior analysts, provisionally licensed assistant behavior analysts, and provisionally licensed behavior analysts.

These provisions are similar to SB 803 (2012), HB 1518 (2012) and HB 1522 (2012).

ELECTRONIC PRIOR AUTHORIZATION COMMITTEE (Section 338.320)

This act establishes the Missouri Electronic Prior Authorization Committee in order to facilitate, monitor, and report to the General Assembly on Missouri-based efforts to contribute to the establishment of national electronic prior authorization standards. Prior authorization generally relates to the process of obtaining prior approval from an insurer for certain services or medications.

Such Missouri-based efforts to be analyzed by the committee include the Missouri-based electronic prior authorization pilot program established under this act and the study and dissemination of information by the committee of the efforts of the National Council on Prescription Drug Programs (NCPDP) to develop national electronic prior authorization standards. The committee shall advise the General Assembly as to whether there is a need for administrative rules to be promulgated by the Department of Insurance, Financial Institutions and Professional Registration (Department of Insurance)as soon as practically possible.

The director of the Department of Insurance shall be chair of the committee which shall also include the director of the Department of Social Services as a member of the committee. The list of the other members to be appointed to the committee are specified under the act.

The full list of the duties of the committee are prescribed under the act but include preparing a report at the end of each calendar year to be distributed to the General Assembly and Governor with a summary of the committee's progress and plans for the next calendar year. Such annual report shall continue until such time as the NCPDP has established national electronic prior authorization standards or the provisions of this act terminate, whichever is sooner.

Upon the adoption of national electronic prior authorization standards by the NCPDP, the committee shall prepare a final report to be distributed to the General Assembly and Governor that identifies the appropriate Missouri administrative regulations, if any, that will need to be promulgated in order to make those standards effective as soon as practically possible, and advise the General Assembly and Governor if there are any legislative actions necessary to the furtherance of that end.

The Department of Insurance and the Missouri electronic prior authorization committee shall recruit a Missouri-based pharmacy benefits manager (PBM) doing business nationally to volunteer to conduct an electronic prior authorization pilot program in Missouri. The PBM conducting the pilot program shall ensure that there are adequate Missouri licensed physicians and an electronic prior authorization vendor capable and willing to participate in a Missouri-based pilot program. Such pilot program established under this act shall be operational by January 1, 2014. The department and the committee may provide advice or assistance to the PBM conducting the pilot program but shall not maintain control or lead with the direction of the pilot program.

This act contains a six-year sunset provision. This section is identical to SCS/HCS/HB 1827 (2012) and is similar to SB 812 (2012).

EMPLOYEE DISQUALIFICATION LIST (Section 660.315)

This act allows consumer reporting agencies that conduct background checks for certain healthcare providing entities to have access to the employee disqualification list maintained by the Department of Social Services. Consumer reporting agencies may only check the employee disqualification list when requested by healthcare providing entities. Persons with access to the list are not to disclose information on the list to any person not entitled to access the list. Persons violating this provision will be guilty of an infraction.

MIKE HAMMANN

Amendments