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 Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 332.071, RSMo, is repealed and two new 1 sections enacted in lieu thereof, to be known as sections 2 332.071 and 332.368, to read as follows:3 332.071.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