SB 973 Modifies various provisions relating to hospitals, physical therapists, and medication
Sponsor: Wasson
LR Number: 5740S.08T Fiscal Notes
Committee: Veterans' Affairs and Health
Last Action: 7/5/2016 - Signed by Governor Journal Page: S2329
Title: CCS HCS SCS SB 973 Calendar Position:
Effective Date: August 28, 2016

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Current Bill Summary


CCS/HCS/SCS/SB 973 - This act modifies various provisions relating to hospitals, physical therapists, and medication.

HOSPITALS - 197.065, 197.315, 536.031

This act requires the Department of Health and Senior Services to promulgate regulations for the construction and renovation of hospitals that will include standards that reflect the Life Safety Code standards imposed under Medicare. Hospitals shall not be required to meet the standards contained in the Facility Guidelines Institute for the Design and Construction of Health Care Facilities, but any hospital that complies with the 2010 or later version of such guidelines shall not be required to comply with any inconsistent or conflicting regulations.

The Department may waive enforcement of these standards for licensed hospitals if the Department determines that: (1) compliance with them would result in unreasonable hardship for the facility and the health and safety of hospital patients would not be compromised by such a waiver; or (2) the hospital used other equivalent standards. Any conflicting regulations promulgated by the Department that are currently in existence and that conflict with the standards promulgated pursuant to this act shall lapse on and after January 1, 2018. Regulations developed pursuant to this act may incorporate by reference later additions or amendments to such rules, regulations, standards, or guidelines as needed to consistently apply current standards of safety and practice.

These provisions are identical to provisions contained in SCS/HCS/HB 2376 (2016), SCS/HCS/HB 2402 (2016), CCS #2/HCS/SS/SB 608 (2016), CCS/HCS/SB 635 (2016), HCS/SCS/SB 781 (2016), and similar to SB 1052 (2016).

This act also requires hospitals operated and licensed by the state, with the exception of Department of Mental Health-operated psychiatric hospitals, to obtain a certificate of need and to comply with statutes relating to certificates of need. However, no certificate of need shall be required for the purchase and operation of medical equipment used by an academic health center operated by the state in furtherance of research or instruction.

This provision is identical to provisions contained in SCS/HCS/HB 2402 (2016), CCS #2/HCS/SS/SB 608 (2016), CCS/HCS/SB 635 (2016), SCS/HCS/HB 1912 (2016), HCS/HB 2441 (2016), HCS/SB 711 (2016), and CCS/SB 988 (2016).

PHYSICAL THERAPY COMPACT - 334.1200 - 334.1233

The act creates a physical therapist compact. To participate in the compact a state must (1) participate in the Physical Therapy Compact Commission's data system; (2) have a mechanism in place for receiving and investigating complaints; (3) notify the Commission of any adverse action regarding a licensee; (4) implement a criminal background check; (5) comply with the rules of the Commission; (6) use a recognized national examination as a requirement for licensure; and (7) have continuing education as a requirement for license renewal.

A member state shall grant the compact privilege to a licensee holding a valid license in another member state. In order to have a compact privilege a licencee must (1) have an unencumbered license in his or her home state; (2) have not had any adverse action against the license in the previous 2 years; (3) notify the Commission that he or she is seeking compact privilege within a remote state; (4) pay a fee; (5) meet any jurisprudence requirements established by the remote state; and (6) report to the Commission adverse action taken by a nonmember state within 30 days from the date the adverse action is taken. The compact privilege is valid until the expiration date of the home license. The licensee providing physical therapy in a remote state is subject to the laws and regulations of the remote state. If a home state license is encumbered then the licensee shall lose the compact privilege until certain conditions are met as established in the act.

A remote state has the authority to take adverse action against a licensee's compact privilege in that state, but only a home state may impose adverse action against a license issued by the home state. Additionally, any member state may investigate violations of physical therapy statutes and rules in any other member state in which a physical therapist holds a license or compact privilege. Member states may also participate in joint investigations of licensees.

The act creates the Physical Therapy Compact Commission. Each member state shall have one delegate who shall be a current member of the member state's licensing board. The Commission shall establish bylaws and promulgate rules, which shall have the force and effect of law and shall be binding in all member states. Within the Commission, there is an executive board composed of 9 members with the authority to act on behalf of the Commission. The Commission may collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff.

The Commission shall develop, maintain, and use a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. Member states are required to submit a uniform data set to the data system on all individuals to whom the compact is applicable. The data shall include (1) identifying information; (2) licensure data; (3) adverse actions against the licensee or compact privilege; (4) nonconfidential information related to alternative program participation; (5) denial of application for licensure; and (6) any other information that may facilitate the administration of the compact.

If a member state defaults in the performance of its obligations under the compact or promulgated rules then the defaulting state may be terminated from the compact as provided in the act.

The compact shall not become effective until ten states enact the compact into law.

These sections are identical to sections in HCS/HB 1465 (2016), SS/SCS/HB 1816 (2016), HB 2328 (2016), CCS #2/HCS/SS/SB 608 (2016), CCS/HCS/SB 635 (2016), HCS/SB 831 (2016), HCS/SB 835 (2016), and HCS/SCS/SB 836 (2016).

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 identical to provisions contained in SS/SCS/HB 1816 (2016), CCS #2/HCS/SS/SB 608 (2016), HCS/SB 831 (2016), HCS/SB 864 (2016), and CCS/HCS/SS/SCS/SB 865 (2016), and similar to provisions in SCS/HB 1682 (2016).

EARLY REFILLS OF PRESCRIPTION EYE DROPS - 376.1237

The act extends the sunset provision for coverage of early refills of prescription eye drops from January 1, 2017, to January 1, 2020.

This provision is identical to provisions contained in SS/SCS/HB 1816 (2016), CCS #2/HCS/SS/SB 608 (2016), HCS/SB 831 (2016), CCS/HCS/SS/SCS/SB 865 (2016), SCS/HB 1682 (2016), HB 1852 (2016), CCS/HCS/SB 635 (2016), and SB 868 (2016).

JESSI BAKER