Health/Hospital Law
HB 973 - Prohibits withholding or withdrawal of nutrition or hydration for a patient. Nutrition or hydration may not be withheld or withdrawn without a specific written power of attorney granting the authority. Before a physician, guardian, or attorney-in-fact may authorize the removal of nutrition or hydration, the physician must attempt to explain the consequences to the patient and give the patient an opportunity to respond. Any person who violates this provision is guilty of a class D felony and, in the event of death or serious physical injury, may be held civilly and criminally liable. The provision will not prevent the withdrawal or withholding of medical treatment if the attending physician decides that the patient cannot tolerate the treatment. However, no one may authorize the removal of nutrition or hydration by natural means with the intent of causing death to the patient.
Oppose.
HB 974 - Midwifery. Changes the laws regarding midwives and the practice of midwifery; specifies that it is the intent of the General Assembly to recognize the right of a woman to give birth in the setting and with the caregiver of her choice. A midwife does not have to provide a current certified professional midwife credential, as long as the individual is at least 21 years of age, a resident of this state, has passed the North American Registry of Midwives Skills Assessment, and provides an affidavit that he or she has provided the service of midwifery for at least 15 of the last 20 years prior to August 28, 2006. Only the midwife who provided care to the client will be held liable for negligent, willful, or wanton acts or omissions.
HB 982 – Disciplinary actions against nurses. (See Administrative Law/State Government)
HB 985 – Enacts the Small Business Health Fairness Act of 2006. (See Business Law)
HB 986 – Medicare part D gap coverage. (See Elder Law)
HB 987, HB 1038, HB 1047, HB 1102 & SB 566 – Prescriptive authority. Provides physician assistants and advanced practice nurses with prescriptive authority.
HB 1042 – Human cloning. Prohibits certain aspects of human cloning, while permitting somatic cell nuclear transfer.
HB 1044 – Physician reporting requirements. Establishes physician reporting requirements for certain minors seeking an abortion.
HB 1046 – Medical malpractice insurance premiums. (See Insurance Law)
HB 1068 – Employment of disabled persons. Establishes the eligibility requirements of an employed disabled person requesting medical assistance under the federal Ticket to Work Act of 1999.
HB 1075 – Instructional materials. (See Education Law)
HB 1076 – Peer review committees. Includes emergency medical personnel in the health professional peer review committees.
HB 1079 – Self-governance. (See Labor and Employment Law)
HB 1080 – Ambulatory surgical centers. Modifies the requirements for ambulatory surgical centers by adding a community hospital requirement.
HB 1082 – Healthcare liens. Modifies the requirements for health care liens. In administering the lien of a health care provider, requires insurance carriers to pay the amount due secured by the lien of the health care provider directly to the health care provider if the treatment provided was for injuries caused the tort-feasor, and the amount is the customary charge. Allows a health care provider to elect to receive benefits through the statutory health care lien process and pursue the claimant for further liability on the costs of the services and treatment provided. Removes the twenty-five dollar per day cap on health care institutions claims against tort-feasors. Expands health care lien process to wrongful death actions.
HB 1087 – Medical malpractice and professional negligence insurance. (See Insurance Law)
HB 1099 – Hospital acquired infection reporting. Modifies the nosocomial (hospital acquired) infection reporting requirements for health care providers.
HB 1101 – Health insurance benefits. (See Insurance Law)
HB 1106 – Acuity based patient classification system. Requires hospitals and ambulatory surgical centers to implement an acuity-based patient classification system.
HB 1107 – Collection of evidence of sexual assault. Changes the laws regarding the collection of evidence of a sexual assault.
(1) Requires the State Highway Patrol to develop evidentiary collection kits for the forensic examination of victims of sexual assault and distribute the kits to medical providers who conduct the exams;
(2) Allows only licensed physicians and nurses to conduct sexual assault forensic exams;
(3) Extends from 48 hours to 72 hours the time within which medical providers must file their report of a forensic exam;
(4) Prohibits medical providers from charging the victim for the exam, unless payment for the exam has been denied by the Crime Victims’ Compensation Fund;
(5) Requires hospitals to have at least one evidentiary collection kit at all times;
(6) Requires the Department of Health and Senior Services to develop a treatment checklist for sexual assault victims that complies with the national guidelines established by the American
College of Emergency Physicians; and
(7) Requires the department to include in its inspections whether a hospital’s protocol for treating sexual assault victims meets national guidelines.
HB 1112 – Abortion services. Establishes the Missouri Alternatives to Abortion Services Program and the Missouri Alternatives to Abortion Public Awareness Program.
HB 1113 – Public funding of research. Prohibits the use of public funds for somatic cell nuclear transfer or human embryonic stem cell research.
HB 1118 – Immunity for health care providers in declared emergencies. (See Tort Law)
HB 1174 – Durable medical equipment. Requires any willing durable medical equipment provider to be included in a health carrier’s provider network.
HB 1254 – Intoxication. Requires licensed health care providers to notify a law enforcement agency when they examine or treat a person who is intoxicated and reasonably suspect that the person may attempt to operate a car.
HB 1352 – Cardiac defibrillators. (See Tort Law)
HB 1539 – Health Care Rights of Conscience Act. Establishes the Health Care Rights of Conscience Act which allows a health care professional to not participate in a health care service that violates their conscience.
SB 562 – Abortion. Enacts provisions relating to the capacity of an unborn child to experience pain during an abortion.
SB 565 – Tax deduction. Creates a tax deduction for organ donation.
SB 576 – Prescriptive authority. Authorizes advanced practice registered nurses to prescribe certain controlled substances.
SB 599 – Healthcare negotiations. Allows physicians to jointly negotiate with certain health insurance carriers
SB 600 – Organ donation. Creates an income tax deduction for organ donation.
SB 608 – Emergency contraceptives. Requires emergency contraceptives to be distributed only by prescription and by authorized health care professional.
SB 609 – Conscience rights. Protects the conscience rights of pharmaceutical professionals.
SB 624 - Modifies the law relating to ombudsman volunteers. Prohibits any long-term care facility from relieving an ombudsman volunteer from their duties. Allows Ombudsman volunteers to be only relieved by the regional ombudsman in consultation with the state ombudsman. Also requires all long-term care facilities to accept ombudsman volunteers when they are available. Any long-term care facility not willing to work with the ombudsman program will be subject to sanctions by the Department of Health and Senior Services.
SB 637 – Midwifery. (See also HB 974) Changes the laws regarding midwives and the practice of midwifery.
SB 657 - Medicaid requirements. Requires applicants for Medicaid and CHIPs to identify the proposed beneficiary’s employer.
SB 658 – Contraceptives. Prohibits any governmental entity from interfering with the right to obtain or use contraceptives.
SB 663 – Employer purchasing alliances for group health insurance. (See Insurance Law)
SB 664 – Adopts the Nurse Licensure Compact. Creates a multi-state nursing licensure compact for registered nurses and licensed practical/vocational nurses. Allows licensed registered nurses and licensed practical/vocational nurses to practice nursing in states which participate in the nurse licensure compact.
SB 668 – Tax deduction. Creates an income tax deduction for organ donation.
SB 671 – Public assistance requirements. Requires any applicant for health care benefits under a public assistance program to identify his or her employer.
SB 687 – Vision examinations. Allows each child enrolled in kindergarten or first grade to receive comprehensive vision examinations.
SB 702 – Abortion services. Prohibits the use of public funds for health and social service programs that subsidize abortion services.
SB 706 – Embryonic and adult stem cells. Permits both public and private entities to conduct research utilizing embryonic and adult stem cells.
SB 710 – Complaints against licensed nurses. Modifies procedures for complaints against licensed nurses and recordkeeping.
SB 714 - Donation of unused drugs. Provides for donation of unused drugs to charities for distribution outside the state or abroad.
SB 740 – Medicaid eligibility. Provides that sheltered workshop employment income shall not be considered income for Medicaid eligibility purposes.
SB 756 – Modifies requirements for licensure of athletic trainers. Relieves the Missouri Board for the Healing Arts from its duty to prepare and conduct examinations for applicants for licensure as athletic trainers and requires prospective trainers to pass the National Trainers Association Board of Certification examination. Also repeals a provision that requires the applicant to meet certain academic and experience requirements as a prerequisite to licensure.
SB 765 - Emergency medical treatment. Eliminates the requirement for informed consent for an experimental medical treatment if the patient is subject to a life-threatening emergency and the research program or experimental medical procedure is conducted under certain federal regulations allowing for treatment to be started immediately and consent to be obtained later.
SB 811 - Medical malpractice insurance. (See Insurance Law)
SB 841 – Peer review committees. Authorizes peer review committees for certain emergency medical services
SB 844 – Authorizes civil actions alleging Medicaid fraud. (See Civil Practice and Procedure)
SB 889 – Civil liability for health care providers to be deployed during emergencies. (See Military/Veterans Law)
SJR 30 – Stem cell research. Proposes a constitutional amendment to ensure that stem cell research can be conducted in Missouri.