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Missouri Senate Bill SB178

Missouri 2025 Regular Session

Missouri Senate Bill SB178 Compare Versions

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1-0560S.02C
2- 1
3-SENATE COMMITTEE SUBSTITUTE
4-FOR
1+
2+EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3+and is intended to be omitted in the law.
4+FIRST REGULAR SESSION
55 SENATE BILL NO. 178
6+103RD GENERAL ASSEMBLY
7+INTRODUCED BY SENATOR LEWIS.
8+0560S.01I KRISTINA MARTIN, Secretary
69 AN ACT
7-To repeal sections 191.648, 192.769, and 210.030,
8-RSMo, and to enact in lieu thereof four new sections
9-relating to health care.
10+To repeal sections 191.648, 192.769, and 210.030, RSMo, and to enact in lieu thereof four new
11+sections relating to health care.
1012
1113 Be it enacted by the General Assembly of the State of Missouri, as follows:
12- Section A. Sections 191.648, 192.769, and 210.030, RSMo,
13-are repealed and four new sections enacted in lieu thereof, to
14-be known as sections 191.648, 192.2521, 210.030, and 376.1240,
15-to read as follows:
16- 191.648. 1. As used in this section, the following
17-terms mean:
18- (1) "Designated sexually transmitted infection",
19-chlamydia, gonorrhea, trichomoniasis, or any other sexually
20-transmitted infection designated as appropriate for
21-expedited partner therapy by the department of health and
22-senior services or for which expedited partner therapy was
23-recommended in the most recent Centers for Disease Control
24-and Prevention guidelines for the prevention or treatment of
25-sexually transmitted infections;
26- (2) "Expedited partner therapy" [means], the practice
27-of treating the sex partners of persons with [chlamydia or
28-gonorrhea] designated sexually transmitted infections
29-without an intervening medical evaluation or professional
30-prevention counseling ;
31- (3) "Health care professional", a m ember of any
32-profession regulated by chapter 334 or 335 authorized to
33-prescribe medications .
34- 2. Any licensed physician or health care professional
35-may, but shall not be required to, utilize expedited partner
36- 2
37-therapy for the management of the part ners of persons with
38-[chlamydia or gonorrhea ] designated sexually transmitted
39-infections. Notwithstanding the requirements of 20 CSR
40-2150- 5.020 (5) or any other law to the contrary, a licensed
41-physician or health care professional utilizing expedited
42-partner therapy may prescribe and dispense medications for
43-the treatment of [chlamydia or gonorrhea ] a designated
44-sexually transmitted infection for an individual who is the
45-partner of a person with [chlamydia or gonorrhea ] a
46-designated sexually tran smitted infection and who does not
47-have an established physician/patient relationship with such
48-physician or an established health care professional/patient
49-relationship with such health care professional . [Any
50-antibiotic medications prescribed and di spensed for the
51-treatment of chlamydia or gonorrhea under this section shall
52-be in pill form].
53- 3. Any licensed physician or health care professional
54-utilizing expedited partner therapy for the management of
55-the partners with [chlamydia or gonorrh ea] designated
56-sexually transmitted infections shall provide explanation
57-and guidance to [a] each patient [diagnosed with chlamydia
58-or gonorrhea] of the preventative measures that can be taken
59-by the patient to stop the [spread] transmission of such
60-[diagnosis] infection.
61- 4. Any licensed physician or health care professional
62-utilizing expedited partner therapy for the management of
63-partners of persons with [chlamydia or gonorrhea ] designated
64-sexually transmitted infections under this section s hall
65-have immunity from any civil liability that may otherwise
66-result by reason of such actions, unless such physician or
67-health care professional acts negligently, recklessly, in
68-bad faith, or with malicious purpose.
69- 3
70- 5. The department of health and senior services and
71-the division of professional registration within the
72-department of commerce and insurance shall by rule develop
73-guidelines for the implementation of subsection 2 of this
74-section. Any rule or portion of a rule, as that term is
75-defined in section 536.010, that is created under the
76-authority delegated in this section shall become effective
77-only if it complies with and is subject to all of the
78-provisions of chapter 536 and, if applicable, section
79-536.028. This section and chap ter 536 are nonseverable and
80-if any of the powers vested with the general assembly
81-pursuant to chapter 536 to review, to delay the effective
82-date, or to disapprove and annul a rule are subsequently
83-held unconstitutional, then the grant of rulemaking
84-authority and any rule proposed or adopted after August 28,
85-2010, shall be invalid and void.
86- 192.2521. A specialty hospital is exempt from the
87-provisions of sections 192.2520 and 197.135 if such hospital
88-has a policy for transfer of a vi ctim of a sexual assault to
89-an appropriate hospital with an emergency department. As
90-used in this section, "specialty hospital" means a hospital
91-that has been designated by the department of health and
92-senior services as something other than a general acute care
93-hospital.
94- 210.030. 1. Every licensed physician, midwife,
95-registered nurse and all persons who may undertake, in a
96-professional way, the obstetrical and gynecological care of
97-a pregnant woman in the state of Missouri shall, if the
98-woman consents, take or cause to be taken a sample of venous
99-blood of such woman at the time of the first prenatal
100-examination, or not later than twenty days after the first
101-prenatal examination, another sample at twenty -eight weeks
102-of pregnancy, and another sample immediately after birth and
103- 4
104-subject such [sample] samples to an approved and standard
105-serological test for syphilis [, an] and approved serological
106-[test] tests for hepatitis B, hepatitis C, human
107-immunodeficiency virus (HIV), and such other treatable
108-diseases and metabolic disorders as are prescribed by the
109-department of health and senior services. [In any area of
110-the state designated as a syphilis outbreak area by the
111-department of health and senior services, if the mother
112-consents, a sample of her venous blood shall be taken later
113-in the course of pregnancy and at delivery for additional
114-testing for syphilis as may be prescribed by the department ]
115-If a mother tests positive for syphilis, hepatitis B,
116-hepatitis C, or HIV, or any combination of such diseases,
117-the physician or person providing care shall administer
118-treatment in accordance with the most recent accepted
119-medical practice. If a mother tests positive for hepatitis
120-B, the physician or person who professional ly undertakes the
121-pediatric care of a newborn shall also administer the
122-appropriate doses of hepatitis B vaccine and hepatitis B
123-immune globulin (HBIG) in accordance with the current
124-recommendations of the Advisory Committee on Immunization
125-Practices (ACIP). If the mother's hepatitis B status is
126-unknown, the appropriate dose of hepatitis B vaccine shall
127-be administered to the newborn in accordance with the
128-current ACIP recommendations. If the mother consents, a
129-sample of her venous blood shall be taken. If she tests
130-positive for hepatitis B, hepatitis B immune globulin (HBIG)
131-shall be administered to the newborn in accordance with the
132-current ACIP recommendations.
133- 2. The department of health and senior services
134-shall[, in consultation with the Missouri genetic disease
135-advisory committee,] make such rules pertaining to such
136-tests as shall be dictated by accepted medical practice, and
137- 5
138-tests shall be of the types approved or accepted by the
139-[department of health and senior services. An approved and
140-standard test for syphilis, hepatitis B, and other treatable
141-diseases and metabolic disorders shall mean a test made in a
142-laboratory approved by the department of health and senior
143-services] United States Food and Drug Administration . No
144-individual shall be denied testing by the department of
145-health and senior services because of inability to pay.
146- 3. All persons providing care under this section shall
147-do so pursuant to the provisions of section 431.061.
148- 376.1240. 1. For purposes of this section, terms
149-shall have the same meanings as ascribed to them in section
150-376.1350, and the term "self -administered hormonal
151-contraceptive" shall mean a drug that is composed of one or
152-more hormones and that is approved by th e Food and Drug
153-Administration to prevent pregnancy, excluding emergency
154-contraception. Nothing in this section shall be construed
155-to apply to medications approved by the Food and Drug
156-Administration to terminate an existing pregnancy.
157- 2. Any health benefit plan delivered, issued for
158-delivery, continued, or renewed in this state on or after
159-January 1, 2026, that provides coverage for self -
160-administered hormonal contraceptives shall provide coverage
161-to reimburse a health care provider or dispen sing entity for
162-the dispensing of a supply of self -administered hormonal
163-contraceptives intended to last up to one year.
164- 3. The coverage required under this section shall not
165-be subject to any greater deductible or co -payment than
166-other similar health care services provided by the health
167-benefit plan.
168- [192.769. 1. On completion of a
169-mammogram, a mammography facility certified by
170-the United States Food and Drug Administration
171-(FDA) or by a certification agency approved by
172- 6
173-the FDA shall provide to the patient the
174-following notice:
175-"If your mammogram demonstrates
176-that you have dense breast
177-tissue, which could hide
178-abnormalities, and you have other
179-risk factors for breast cancer
180-that have been identified, you
181-might benefit from supplemental
182-screening tests that may be
183-suggested by your ordering
184-physician. Dense breast tissue,
185-in and of itself, is a relatively
186-common condition. Therefore,
187-this information is not provided
188-to cause undue concern, but
189-rather to raise your awareness
190-and to promote discussion with
191-your physician regarding the
192-presence of other risk factors,
193-in addition to dense breast
194-tissue. A report of your
195-mammography results will be sent
196-to you and your physician. You
197-should contact your ph ysician if
198-you have any questions or
199-concerns regarding this report.".
200- 2. Nothing in this section shall be
201-construed to create a duty of care beyond the
202-duty to provide notice as set forth in this
203-section.
204- 3. The information required by th is
205-section or evidence that a person violated this
206-section is not admissible in a civil, judicial,
207-or administrative proceeding.
208- 4. A mammography facility is not required
209-to comply with the requirements of this section
210-until January 1, 2015. ]
14+ Section A. Sections 191.648, 192.769, and 210.030, RSMo, 1
15+are repealed and four new sections enacted in lieu thereof, to 2
16+be known as sections 191.648, 192.2521, 210.0 30, and 376.1240, 3
17+to read as follows:4
18+ 191.648. 1. As used in this section, the following 1
19+terms mean: 2
20+ (1) "Designated sexually transmitted infection", 3
21+chlamydia, gonorrhea, trichomoniasis, or any other sexually 4
22+transmitted infection designa ted as appropriate for 5
23+expedited partner therapy by the department of health and 6
24+senior services or for which expedited partner therapy was 7
25+recommended in the most recent Centers for Disease Control 8
26+and Prevention guidelines for the prevention or treat ment of 9
27+sexually transmitted infections; 10
28+ (2) "Expedited partner therapy" [means], the practice 11
29+of treating the sex partners of persons with [chlamydia or 12
30+gonorrhea] designated sexually transmitted infections 13
31+without an intervening medical evaluat ion or professional 14
32+prevention counseling ; 15 SB 178 2
33+ (3) "Health care professional", a member of any 16
34+profession regulated by chapter 334 or 335 authorized to 17
35+prescribe medications . 18
36+ 2. Any licensed [physician] health care professional 19
37+may, but shall not be required to, utilize expedited partner 20
38+therapy for the management of the partners of persons with 21
39+[chlamydia or gonorrhea ] designated sexually transmitted 22
40+infections. Notwithstanding the requirements of 20 CSR 23
41+2150- 5.020 (5) or any other law to the contrary, a licensed 24
42+[physician] health care professional utilizing expedited 25
43+partner therapy may prescribe and dispense medications for 26
44+the treatment of [chlamydia or gonorrhea ] a designated 27
45+sexually transmitted infection for an individual who is the 28
46+partner of a person with [chlamydia or gonorrhea ] a 29
47+designated sexually transmitted infection and who does not 30
48+have an established [physician/patient] relationship with 31
49+such [physician. Any antibiotic medications prescribed and 32
50+dispensed for the treatment of chlamydia or gonorrhea under 33
51+this section shall be in pill form ] health care professional . 34
52+ 3. Any licensed [physician] health care professional 35
53+utilizing expedited partner therapy for the management of 36
54+the partners with [chlamydia or gonorrhea] designated 37
55+sexually transmitted infections shall provide explanation 38
56+and guidance to [a] each patient [diagnosed with chlamydia 39
57+or gonorrhea] of the preventative measures that can be taken 40
58+by the patient to stop the [spread] transmission of such 41
59+[diagnosis] infection. 42
60+ 4. Any licensed [physician] health care professional 43
61+utilizing expedited partner therapy for the management of 44
62+partners of persons with [chlamydia or gonorrhea ] designated 45
63+sexually transmitted infections under this section shall 46
64+have immunity from any civil liability that may otherwise 47 SB 178 3
65+result by reason of such actions, unless such [physician] 48
66+health care professional acts negligently, recklessly, in 49
67+bad faith, or with malicious purpose. 50
68+ 5. The department of health and senior services and 51
69+the division of professional registration within the 52
70+department of commerce and insurance shall by rule develop 53
71+guidelines for the implementation of subsection 2 of this 54
72+section. Any rule or portion of a rule, as that ter m is 55
73+defined in section 536.010, that is created under the 56
74+authority delegated in this section shall become effective 57
75+only if it complies with and is subject to all of the 58
76+provisions of chapter 536 and, if applicable, section 59
77+536.028. This section and chapter 536 are nonseverable and 60
78+if any of the powers vested with the general assembly 61
79+pursuant to chapter 536 to review, to delay the effective 62
80+date, or to disapprove and annul a rule are subsequently 63
81+held unconstitutional, then the grant of rulemak ing 64
82+authority and any rule proposed or adopted after August 28, 65
83+2010, shall be invalid and void. 66
84+ 192.2521. A specialty hospital is exempt from the 1
85+provisions of sections 192.2520 and 197.135 if such hospital 2
86+has a policy for transfe r of a victim of a sexual assault to 3
87+an appropriate hospital with an emergency department. As 4
88+used in this section, "specialty hospital" means a hospital 5
89+that has been designated by the department of health and 6
90+senior services as something other than a general acute care 7
91+hospital. 8
92+ 210.030. 1. Every licensed physician, midwife, 1
93+registered nurse and all persons who may undertake, in a 2
94+professional way, the obstetrical and gynecological care of 3
95+a pregnant woman in the state of Mis souri shall, if the 4
96+woman consents, take or cause to be taken a sample of venous 5 SB 178 4
97+blood of such woman at the time of the first prenatal 6
98+examination, or not later than twenty days after the first 7
99+prenatal examination, and another sample at twenty -eight 8
100+weeks of pregnancy and subject such [sample] samples to an 9
101+approved and standard serological test for syphilis [, an] 10
102+and approved serological [test] tests for hepatitis B, 11
103+hepatitis C, human immunodeficiency virus (HIV), and such 12
104+other treatable diseas es and metabolic disorders as are 13
105+prescribed by the department of health and senior services. 14
106+[In any area of the state designated as a syphilis outbreak 15
107+area by the department of health and senior services, if the 16
108+mother consents, a sample of her ven ous blood shall be taken 17
109+later in the course of pregnancy and at delivery for 18
110+additional testing for syphilis as may be prescribed by the 19
111+department] If a mother tests positive for syphilis, 20
112+hepatitis B, hepatitis C, or HIV, or any combination of such 21
113+diseases, the physician or person providing care shall 22
114+administer treatment in accordance with the most recent 23
115+accepted medical practice . If a mother tests positive for 24
116+hepatitis B, the physician or person who professionally 25
117+undertakes the pediatric care of a newborn shall also 26
118+administer the appropriate doses of hepatitis B vaccine and 27
119+hepatitis B immune globulin (HBIG) in accordance with the 28
120+current recommendations of the Advisory Committee on 29
121+Immunization Practices (ACIP). If the mother's hepa titis B 30
122+status is unknown, the appropriate dose of hepatitis B 31
123+vaccine shall be administered to the newborn in accordance 32
124+with the current ACIP recommendations. If the mother 33
125+consents, a sample of her venous blood shall be taken. If 34
126+she tests positive for hepatitis B, hepatitis B immune 35
127+globulin (HBIG) shall be administered to the newborn in 36
128+accordance with the current ACIP recommendations. 37 SB 178 5
129+ 2. The department of health and senior services 38
130+shall[, in consultation with the Missouri genetic dise ase 39
131+advisory committee,] make such rules pertaining to such 40
132+tests as shall be dictated by accepted medical practice, and 41
133+tests shall be of the types approved or accepted by the 42
134+[department of health and senior services. An approved and 43
135+standard test for syphilis, hepatitis B, and other treatable 44
136+diseases and metabolic disorders shall mean a test made in a 45
137+laboratory approved by the department of health and senior 46
138+services] United States Food and Drug Administration . No 47
139+individual shall be denied testing by the department of 48
140+health and senior services because of inability to pay. 49
141+ 376.1240. 1. For purposes of this section, terms 1
142+shall have the same meanings as ascribed to them in section 2
143+376.1350, and the term "self -administered hormonal 3
144+contraceptive" shall mean a drug that is composed of one or 4
145+more hormones and that is approved by the Food and Drug 5
146+Administration to prevent pregnancy, excluding emergency 6
147+contraception. Nothing in this section shall be construed 7
148+to apply to medications approved by the Food and Drug 8
149+Administration to terminate an existing pregnancy. 9
150+ 2. Any health benefit plan delivered, issued for 10
151+delivery, continued, or renewed in this state on or after 11
152+January 1, 2026, that provides coverage f or self- 12
153+administered hormonal contraceptives shall provide coverage 13
154+to reimburse a health care provider or dispensing entity for 14
155+the dispensing of a supply of self -administered hormonal 15
156+contraceptives intended to last up to one year. 16
157+ 3. The coverage required under this section shall not 17
158+be subject to any greater deductible or co -payment than 18
159+other similar health care services provided by the health 19
160+benefit plan. 20 SB 178 6
161+ [192.769. 1. On completion of a 1
162+mammogram, a mammography faci lity certified by 2
163+the United States Food and Drug Administration 3
164+(FDA) or by a certification agency approved by 4
165+the FDA shall provide to the patient the 5
166+following notice: 6
167+"If your mammogram demonstrates 7
168+that you have dense breast 8
169+tissue, which could hide 9
170+abnormalities, and you have other 10
171+risk factors for breast cancer 11
172+that have been identified, you 12
173+might benefit from supplemental 13
174+screening tests that may be 14
175+suggested by your ordering 15
176+physician. Dense breast tissue, 16
177+in and of itself, is a rela tively 17
178+common condition. Therefore, 18
179+this information is not provided 19
180+to cause undue concern, but 20
181+rather to raise your awareness 21
182+and to promote discussion with 22
183+your physician regarding the 23
184+presence of other risk factors, 24
185+in addition to dense breast 25
186+tissue. A report of your 26
187+mammography results will be sent 27
188+to you and your physician. You 28
189+should contact your physician if 29
190+you have any questions or 30
191+concerns regarding this report.". 31
192+ 2. Nothing in this section shall be 32
193+construed to create a duty of care beyond the 33
194+duty to provide notice as set forth in this 34
195+section. 35
196+ 3. The information required by this 36
197+section or evidence that a person violated this 37
198+section is not admissible in a civil, judicial, 38
199+or administrative proceeding. 39
200+ 4. A mammography facility is not required 40
201+to comply with the requirements of this section 41
202+until January 1, 2015. ] 42
203+