HB 1682 Modifies various provisions relating to health care providers
Sponsor: Wasson
LR Number: 4902S.03T Fiscal Notes
Committee: Financial and Governmental Organizations and Elections
Last Action: 7/5/2016 - Signed by Governor Journal Page: S3709
Title: SCS HB 1682 Calendar Position:
Effective Date: August 28, 2016
House Handler: Frederick

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Current Bill Summary


SCS/HB 1682 - This act modifies provisions relating to SCID screening for newborns, palliative care, immunity from disciplinary action for the medical recommendation of hemp extract, licensure requirements for physicians, vision insurance, the dispensing of maintenance medication, and the use of restraint by physician assistants and assistant physicians in mental health facilities.

SEVERE COMBINED IMMUNODEFICIENCY - 191.332

The act requires the Department of Health and Senior Services, beginning January 1, 2017, and subject to appropriations, to expand current newborn screening requirements to include severe combined immunodeficiency (SCID), also known as bubble boy disease.

This provision is identical to a provision contained in HCS/HB 1387 (2016).

PALLIATIVE CARE - 191.1075, 191.1080, 191.1085

This act creates the "Missouri Palliative Care and Quality of Life Interdisciplinary Council," which shall consult with and advise the Department of Health and Senior Services on matters related to the establishment, maintenance, operation, and outcomes evaluation of palliative care initiatives in the state, as well as submit an annual report to the General Assembly assessing the availability of palliative care in the state for patients at early stages of serious disease and analyzing barriers to greater access to palliative care.

This act also creates the "Palliative Care Consumer and Professional Information and Education Program," which shall be designed to maximize the effectiveness of palliative care in the state by ensuring the public availability of comprehensive and accurate information about palliative care. The program shall encourage hospitals to have a palliative care presence on their intranet or internet website and to develop and distribute information about palliative care to patients.

These provisions expire on August 28, 2022.

These provisions are identical to provisions in SB 635 (2016), SBs 865 & 866 (2016), SB 608 (2016), HB 1994 (2016), and SCS/HB 808 (2015).

HEMP EXTRACT RECOMMENDATION - 192.947

Under the act, no individual or health care entity organized under the laws of the state shall be subject to any adverse action by the state, including civil or criminal prosecution, denial of any right or privilege, the imposition of a civil or administrative penalty or sanction, or disciplinary action by any accreditation or licensing board or commission if such individual or health care entity, in its normal course of business and within its applicable licenses and regulations, acts in good faith on any order, recommendation, or statement by a neurologist relating to the medical use and administration of hemp extract.

This provision is substantially similar to provisions contained in SB 822 (2016) and HCS/HB 835 (2016).

MEDICAL PRACTICE FREEDOM ACT - 324.048

The act provides that licensure requirements for physicians, chiropractors, optometrists, and dentists shall be based on skill and academic competence, and licensure shall not be conditioned on participation in a health insurance plan, or a public health care system or service initiative.

EXAMINATION AND LICENSURE REQUIREMENTS FOR PHYSICIANS - 334.040, 334.280

Applicants for licensure as a physician or surgeon must provide proof of successful completion of the USMLE or the COMLEX, rather than just proof of completion. The act repeals the provision authorizing the State Board of Registration for the Healing Arts to determined the passing score of the USMLE.

The act removes the provision that states that in order for the Board to waive licensure requirements for an applicant who is licensed in another state the applicant must be certified by a certifying agency in the applicant's area of speciality.

The state shall not require adherence to the Federation of State Medical Boards' framework as a condition for physician license renewal or any form of specialty medical board certification to practice medicine within the state. The State Board of Registration for the Healing Arts or any other state agency shall not discriminate against physicians who do not maintain specialty medical board certification.

These provisions are identical to language in HB 1816 (2016), and similar to HB 2304 (2016), HB 2554 (2016), SB 772 (2016), HB 683 (2015), SB 411 (2015), SS/SB 400 (2015), and HB 671 (2015).

MAINTENANCE MEDICATION - 338.202

This act provides that a pharmacist may dispense varying quantities of maintenance medication per fill up to the total number of dosage units as authorized by the prescriber, unless the prescriber has specified that dispensing a prescription for maintenance medication in an initial amount is medically necessary. When the dispensing of the maintenance medication is based on refills then the pharmacist shall dispense no more than a 90 day supply and the patient must have already been prescribed the medication for 3 months.

This provision is similar to HB 2406 (2016) and to provisions contained in HB 1816 (2016), SB 608 (2016), HCS/SB 831 (2016), HCS/SB 864 (2016), and SB 865 (2016).

VISION INSURANCE - 376.685

This act prohibits an agreement, for the provision of services, between a health carrier or other insurer that writes vision insurance and an optometrist from requiring an optometrist to provide additional services or materials at a fee limited or set by the plan or carrier unless the services or materials are reimbursed as covered services under the contract. A provider is prohibited from charging more for services or materials that are not covered under a health benefit or vision plan than the usual and customary rate charged for those services or materials. The reimbursement paid by the health benefit or vision plan for covered services or materials must be reasonable and cannot provide nominal reimbursement in order to claim a service or material is a covered service. This act prohibits a vision care insurance policy or vision care discount plan that provides covered services for materials from having the effect, directly or indirectly, of limiting the choice of sources and suppliers of materials by a patient of a vision care provider. Nothing in this act shall prohibit an optometrist from contractually opting in to an optometric services discount plan sponsored by a stand-alone vision plan, medical plan, health benefit plan, or health insurance policy, notwithstanding any other provisions in the act.

This provision is identical to SCS/SB 830 (2016) and HB 2217 (2016) and similar to HB 202 (2015) and SB 692 (2014).

PRESCRIPTION EYE DROPS - 376.1237

The act also extends the sunset provision for coverage of early refills of prescription eye drops with the authorization of a health care provider from January 1, 2017, to January 1, 2020.

This provision is identical to provisions in HB 1816 (2016), HB 1852 (2016), SB 608 (2016), SB 635 (2016), HCS/SB 831 (2016), SB 865 (2016), SB 868 (2016), and SB 973 (2016).

USE OF RESTRAINT - 630.175

Under the act, physician assistants and assistant physicians with a supervision agreement with the attending physician are allowed to determine that the physical or chemical restraint, isolation, or seclusion of a patient in mental health facility or program is or is not necessary.

This provision is identical to provisions contained in HB 1816 (2016) and similar to SB 1056 (2016) and to provisions in HCS/SB 831 (2016).

JESSI BAKER