Missouri 2024 Regular Session

Missouri Senate Bill SB1215 Latest Draft

Bill / Introduced Version Filed 12/05/2023

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     Section A.  Section 332.071, RSMo, is repealed and two new 1 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