Missouri 2024 Regular Session

Missouri Senate Bill SB1215 Compare Versions

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Old	New	Differences
1	1
2	2	SECOND REGULAR SESSION
3	3	SENATE BILL NO. 1215
4	4	102ND GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR ROBERTS.
6	6	2911S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal section 332.071, RSMo, and to enact in lieu thereof two new sections relating to vaccine
9	9	administration by dentists.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Section 332.071, RSMo, is repealed and two new 1
13	13	sections enacted in lieu thereof, to be known as sections 2
14	14	332.071 and 332.368, to read as follows:3
15	15	332.071. A person or other entity "practices 1
16	16	dentistry" within the meaning of this chapter who: 2
17	17	(1) Undertakes to do or perform dental work or dental 3
18	18	services or dental operations or oral surgery, by any means 4
19	19	or methods, including the use of lasers, gratuitously or for 5
20	20	a salary or fee or other reward, paid directly or indirectly 6
21	21	to the person or to any other person or entity; 7
22	22	(2) Diagnoses or professes to diagnose, prescribes for 8
23	23	or professes to prescribe for, treats or professes to treat, 9
24	24	any disease, pain, deformity, deficiency, injury or physical 10
25	25	condition of human teeth or adjacent structures or treats or 11
26	26	professes to treat any disease or disorder or lesions of the 12
27	27	oral regions; 13
28	28	(3) Attempts to or does replace or restore a part or 14
29	29	portion of a human tooth; 15
30	30	(4) Attempts to or does extract human teeth or 16
31	31	attempts to or does correct malformatio ns of human teeth or 17
32	32	jaws; 18 SB 1215 2
33	33	(5) Attempts to or does adjust an appliance or 19
34	34	appliances for use in or used in connection with malposed 20
35	35	teeth in the human mouth; 21
36	36	(6) Interprets or professes to interpret or read 22
37	37	dental radiographs; 23
38	38	(7) Administers an anesthetic in connection with 24
39	39	dental services or dental operations or dental surgery; 25
40	40	(8) Undertakes to or does remove hard and soft 26
41	41	deposits from or polishes natural and restored surfaces of 27
42	42	teeth; 28
43	43	(9) Uses or permits to be used for the person's 29
44	44	benefit or for the benefit of any other person or other 30
45	45	entity the following titles or words in connection with the 31
46	46	person's name: "Doctor", "Dentist", "Dr.", "D.D.S.", or 32
47	47	"D.M.D.", or any other letters, titles, degrees or 33
48	48	descriptive matter which directly or indirectly indicate or 34
49	49	imply that the person is willing or able to perform any type 35
50	50	of dental service for any person or persons, or uses or 36
51	51	permits the use of for the person's benefit or for the 37
52	52	benefit of any other person o r other entity any card, 38
53	53	directory, poster, sign or any other means by which the 39
54	54	person indicates or implies or represents that the person is 40
55	55	willing or able to perform any type of dental services or 41
56	56	operation for any person; 42
57	57	(10) Directly or indirectly owns, leases, operates, 43
58	58	maintains, manages or conducts an office or establishment of 44
59	59	any kind in which dental services or dental operations of 45
60	60	any kind are performed for any purpose; but this section 46
61	61	shall not be construed to prevent owners or lessees of real 47
62	62	estate from lawfully leasing premises to those who are 48
63	63	qualified to practice dentistry within the meaning of this 49
64	64	chapter; 50 SB 1215 3
65	65	(11) Controls, influences, attempts to control or 51
66	66	influence, or otherwise interferes with the dentist's 52
67	67	independent professional judgment regarding the diagnosis or 53
68	68	treatment of a dental disease, disorder, or physical 54
69	69	condition except that any opinion rendered by any health 55
70	70	care professional licensed under this chapter or chapter 56
71	71	330, 331, 334, 335, 336, 3 37, or 338 regarding the 57
72	72	diagnosis, treatment, disorder, or physical condition of any 58
73	73	patient shall not be construed to control, influence, 59
74	74	attempt to control or influence or otherwise interfere with 60
75	75	a dentist's independent professional judgment; 61
76	76	(12) Constructs, supplies, reproduces or repairs any 62
77	77	prosthetic denture, bridge, artificial restoration, 63
78	78	appliance or other structure to be used or worn as a 64
79	79	substitute for natural teeth, except when one, not a 65
80	80	registered and licensed dentist, does so pursuant to a 66
81	81	written uniform laboratory work order, in the form 67
82	82	prescribed by the board, of a dentist registered and 68
83	83	currently licensed in Missouri and which the substitute in 69
84	84	this subdivision described is constructed upon or by use of 70
85	85	casts or models made from an impression furnished by a 71
86	86	dentist registered and currently licensed in Missouri; 72
87	87	(13) Attempts to or does place any substitute 73
88	88	described in subdivision (12) of this section in a human 74
89	89	mouth or attempts to or professes to adjust any substitute 75
90	90	or delivers any substitute to any person other than the 76
91	91	dentist upon whose order the work in producing the 77
92	92	substitute was performed; 78
93	93	(14) Advertises, solicits, or offers to or does sell 79
94	94	or deliver any substitute described in subdivisi on (12) of 80
95	95	this section or offers to or does sell the person's services 81
96	96	in constructing, reproducing, supplying or repairing the 82 SB 1215 4
97	97	substitute to any person other than a registered and 83
98	98	licensed dentist in Missouri; 84
99	99	(15) Undertakes to do or perform a ny physical 85
100	100	evaluation of a patient in the person's office or in a 86
101	101	hospital, clinic, or other medical or dental facility prior 87
102	102	to or incident to the performance of any dental services, 88
103	103	dental operations, or dental surgery; 89
104	104	(16) Reviews examination findings, x-rays, or other 90
105	105	patient data to make judgments or decisions about the dental 91
106	106	care rendered to a patient in this state ; 92
107	107	(17) Prescribes and administers vaccines for diseases 93
108	108	related to care within the practice of dentistry; or 94
109	109	(18) Prescribes and administers vaccines in accordance 95
110	110	with section 332.368 when deployed under section 44.045 to 96
111	111	provide care as necessitated by an emergency . 97
112	112	332.368. 1. A dentist may: 1
113	113	(1) Prescribe and administer vaccines to a person with 2
114	114	whom the dentist has established a patient relationship; and 3
115	115	(2) Prescribe and administer vaccines to any person 4
116	116	when the dentist is deployed under section 44.045 to provide 5
117	117	care as necessitated by an emergency. 6
118	118	2. A dentist shall not be required to prescribe or 7
119	119	administer vaccines. 8
120	120	3. Before prescribing or administering any vaccine 9
121	121	under this section, a dentist shall complete a training 10
122	122	course recognized by the board under subsection 4 of this 11
123	123	section and obtain a cert ificate of successful completion 12
124	124	from the agency or organization that offered the course. A 13
125	125	dentist shall produce the certificate upon request of the 14
126	126	board. 15
127	127	4. The board shall recognize for purposes of this 16
128	128	section any training course that: 17 SB 1215 5
129	129	(1) Includes training on appropriate vaccine storage 18
130	130	and proper vaccine administration; 19
131	131	(2) Addresses contraindications and adverse reactions 20
132	132	to vaccines; and 21
133	133	(3) Is offered by the Centers for Disease Control and 22
134	134	Prevention, the American D ental Association or its successor 23
135	135	organization, or any other similar federal or state agency 24
136	136	or professional organization deemed qualified by the board. 25
137	137	5. A dentist who administers a vaccine under this 26
138	138	section shall inform the patient that the a dministration of 27
139	139	the vaccine will be entered into the ShowMeVax system, as 28
140	140	administered by the department of health and senior 29
141	141	services. The patient shall attest to the inclusion of such 30
142	142	information in the system by signing a form provided by the 31
143	143	dentist. 32
144	144	6. Prior to administering a vaccine under this 33
145	145	section, a dentist shall review the patient's vaccination 34
146	146	history in the ShowMeVax system. 35
147	147	7. A dentist shall not administer a vaccine under this 36
148	148	section to a child under seven years of ag e or under the 37
149	149	minimum age recommended by the Centers for Disease Control 38
150	150	and Prevention. 39
151	151	8. A dentist who prescribes or administers a vaccine 40
152	152	under this section shall comply with any applicable patient 41
153	153	of care record-keeping requirements. 42
154	154	9. A dentist shall not delegate the administration of 43
155	155	a vaccine under this section. 44
156	156	10. All individual and group health insurance policies 45
157	157	providing coverage for vaccinations shall also provide 46
158	158	coverage for vaccinations administered under this sec tion. 47
159	159	11. The board shall promulgate rules for the purpose 48
160	160	of recognizing entities qualified to offer the training 49 SB 1215 6
161	161	course required under this section. Any rule or portion of 50
162	162	a rule, as that term is defined in section 536.010, that is 51
163	163	created under the authority delegated in this section shall 52
164	164	become effective only if it complies with and is subject to 53
165	165	all of the provisions of chapter 536 and, if applicable, 54
166	166	section 536.028. This section and chapter 536 are 55
167	167	nonseverable and if any of the powe rs vested with the 56
168	168	general assembly pursuant to chapter 536 to review, to delay 57
169	169	the effective date, or to disapprove and annul a rule are 58
170	170	subsequently held unconstitutional, then the grant of 59
171	171	rulemaking authority and any rule proposed or adopted after 60
172	172	August 28, 2024, shall be invalid and void. 61
173	173	