House Committee Substitute

HCS/SB 951 - This act modifies several provisions relating to health care, including: (1) health care records; (2) hospital regulations; (3) certificates of need; (4) newborn eye drops; and (5) blood alcohol content.

HEALTH CARE RECORDS (Section 191.227)

Currently, patients may request copies of health history or treatment records from providers. This act specifies that a response to such request may include a statement or record that no such health history or treatment record responsive to the request exists.

HOSPITAL REGULATIONS (Section 197.052 and 577.029)

Under this act, an applicant or holder of a hospital license may define or revise the premises of a hospital campus to include property adjacent to the campus but for a single intersection.

Additionally, hospital licensure regulations may incorporate by reference Medicare conditions of participation.

These provisions are identical to HB 2183 (2018).

CERTIFICATES OF NEED (Section 197.305)

This act changes the definition of "new institutional health service", as it applies to changes in licensed bed capacity, to apply only to long-term care facilities.

Currently, a health care facility seeking to increase its total number of beds by ten or less or ten percent or less of its total bed capacity over a two-year period may be eligible for a non-applicability review under the certificate of need program. Under this act, a long-term care facility shall only be eligible for a non-applicability review if the facility has had no patient care class I deficiencies within the last eighteen months and has maintained at least an 85% average occupancy rate for the previous six quarters.

This provision is identical to HB 2183 (2018) and substantially similar to SB 1040 (2018).

NEWBORN EYE DROPS (Section 210.070)

This act modifies existing law regarding the administration of prophylactic eye drops to newborns after delivery by repealing the requirement that the administration of eye drops be reported within 48 hours to the local board of health or county physician. Instead, this act provides that administration of such eye drops shall not be required if a parent or legal guardian objects on grounds that doing so is against the religious beliefs of the parent or legal guardian.

This provision is identical to SB 970 (2018) and HB 2117 (2018).


Currently, a licensed physician, registered nurse, phlebotomist, or trained medical technician, acting at the request of a law enforcement officer, shall draw blood for the purpose of determining the alcohol content of a person in custody, unless the medical personnel, in his or her good faith medical judgment, believes doing so would endanger the life or health of the person. This act repeals this requirement and instead permits the medical personnel to draw blood with the consent of the patient or a warrant. Additionally, no medical personnel employed by or practicing in a hospital or employed as an emergency medical technician shall be arrested or charged for failure to comply with this provision or held civilly liable for complying with this provision.

This provision is identical to HB 2413 (2018).


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