Missouri 2025 Regular Session

Missouri Senate Bill SB783 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 783
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR LEWIS.
6	6	3083S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal section 196.990, RSMo, and to enact in lieu thereof two new sections relating to allergies
9	9	in child care facilities.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Section 196.990, RSMo, is rep ealed and two new 1
13	13	sections enacted in lieu thereof, to be known as sections 2
14	14	196.990 and 210.225, to read as follows:3
15	15	196.990. 1. As used in this section, the following 1
16	16	terms shall mean: 2
17	17	(1) "Administer", the direct application of an 3
18	18	epinephrine auto-injector to the body of an individual; 4
19	19	(2) "Authorized entity", any entity or organization at 5
20	20	or in connection with which allergens capable of causing 6
21	21	anaphylaxis may be present including, but not limited to, 7
22	22	qualified first responders, as such term is defined in 8
23	23	section 321.621, restaurants, recreation camps, youth sports 9
24	24	leagues, child care facilities, amusement parks, and sports 10
25	25	arenas. "Authorized entity" shall not include any public 11
26	26	school or public charter school; 12
27	27	(3) "Epinephrine auto-injector", a single-use device 13
28	28	used for the automatic injection of a premeasured dose of 14
29	29	epinephrine into the human body; 15
30	30	(4) "Physician", a physician licensed in this state 16
31	31	under chapter 334; 17 SB 783 2
32	32	(5) "Provide", the supply of one or more epinephrine 18
33	33	auto-injectors to an individual; 19
34	34	(6) "Self-administration", a person's discretionary 20
35	35	use of an epinephrine auto -injector. 21
36	36	2. A physician may prescribe epinephrine auto - 22
37	37	injectors in the name of an authorized entity for use in 23
38	38	accordance with this section, and pharmacists, physicians, 24
39	39	and other persons authorized to dispense prescription 25
40	40	medications may dispense epinephrine auto -injectors under a 26
41	41	prescription issued in the name of an authorized entity. 27
42	42	3. An authorized entity may acquire and stock a supply 28
43	43	of epinephrine auto-injectors under a prescription issued in 29
44	44	accordance with this section. Such epinephrine auto - 30
45	45	injectors shall be stored in a location readily accessible 31
46	46	in an emergency and in accordance wi th the epinephrine auto - 32
47	47	injector's instructions for use and any additional 33
48	48	requirements established by the department of health and 34
49	49	senior services by rule. An authorized entity shall 35
50	50	designate employees or agents who have completed the 36
51	51	training required under this section to be responsible for 37
52	52	the storage, maintenance, and general oversight of 38
53	53	epinephrine auto-injectors acquired by the authorized entity. 39
54	54	4. An authorized entity that acquires a supply of 40
55	55	epinephrine auto-injectors under a pre scription issued in 41
56	56	accordance with this section shall ensure that: 42
57	57	(1) Expected epinephrine auto -injector users receive 43
58	58	training in recognizing symptoms of severe allergic 44
59	59	reactions including anaphylaxis and the use of epinephrine 45
60	60	auto-injectors from a nationally recognized organization 46
61	61	experienced in training laypersons in emergency health 47
62	62	treatment or another entity or person approved by the 48
63	63	department of health and senior services; 49 SB 783 3
64	64	(2) All epinephrine auto -injectors are maintained and 50
65	65	stored according to the epinephrine auto -injector's 51
66	66	instructions for use; 52
67	67	(3) Any person who provides or administers an 53
68	68	epinephrine auto-injector to an individual who the person 54
69	69	believes in good faith is experiencing anaphylaxis activates 55
70	70	the emergency medical services system as soon as possible; 56
71	71	and 57
72	72	(4) A proper review of all situations in which an 58
73	73	epinephrine auto-injector is used to render emergency care 59
74	74	is conducted. 60
75	75	5. Any authorized entity that acquires a supply of 61
76	76	epinephrine auto-injectors under a prescription issued in 62
77	77	accordance with this section shall notify the emergency 63
78	78	communications district or the ambulance dispatch center of 64
79	79	the primary provider of emergency medical services where the 65
80	80	epinephrine auto-injectors are to be located within the 66
81	81	entity's facility. 67
82	82	6. No person shall provide or administer an 68
83	83	epinephrine auto-injector to any individual who is under 69
84	84	eighteen years of age without the verbal consent of a parent 70
85	85	or guardian who is present at the time when provision or 71
86	86	administration of the epinephrine auto -injector is needed. 72
87	87	Provided, however, that a person may provide or administer 73
88	88	an epinephrine auto-injector to such an individual without 74
89	89	the consent of a parent or guardian if the parent o r 75
90	90	guardian is not physically present and the person reasonably 76
91	91	believes the individual shall be in imminent danger without 77
92	92	the provision or administration of the epinephrine auto - 78
93	93	injector. 79
94	94	7. The following persons and entities shall not be 80
95	95	liable for any injuries or related damages that result from 81 SB 783 4
96	96	the administration or self -administration of an epinephrine 82
97	97	auto-injector in accordance with this section that may 83
98	98	constitute ordinary negligence: 84
99	99	(1) An authorized entity that possesses and m akes 85
100	100	available epinephrine auto -injectors and its employees, 86
101	101	agents, and other trained persons; 87
102	102	(2) Any person who uses an epinephrine auto -injector 88
103	103	made available under this section; 89
104	104	(3) A physician that prescribes epinephrine auto - 90
105	105	injectors to an authorized entity; or 91
106	106	(4) Any person or entity that conducts the training 92
107	107	described in this section. 93
108	108	Such immunity does not apply to acts or omissions 94
109	109	constituting a reckless disregard for the safety of others 95
110	110	or willful or wanton conduct . The administration of an 96
111	111	epinephrine auto-injector in accordance with this section 97
112	112	shall not be considered the practice of medicine. The 98
113	113	immunity from liability provided under this subsection is in 99
114	114	addition to and not in lieu of that provided under section 100
115	115	537.037. An authorized entity located in this state shall 101
116	116	not be liable for any injuries or related damages that 102
117	117	result from the provision or administration of an 103
118	118	epinephrine auto-injector by its employees or agents outside 104
119	119	of this state if the entity or its employee or agent is not 105
120	120	liable for such injuries or related damages under the laws 106
121	121	of the state in which such provision or administration 107
122	122	occurred. No trained person who is in compliance with this 108
123	123	section and who in good faith and e xercising reasonable care 109
124	124	fails to administer an epinephrine auto -injector shall be 110
125	125	liable for such failure. 111 SB 783 5
126	126	8. All basic life support ambulances and stretcher 112
127	127	vans operated in the state shall be equipped with 113
128	128	epinephrine auto-injectors and be staffed by at least one 114
129	129	individual trained in the use of epinephrine auto -injectors. 115
130	130	9. The provisions of this section shall apply in all 116
131	131	counties within the state and any city not within a county. 117
132	132	10. Nothing in this section shall be construed as 118
133	133	superseding the provisions of section 167.630. 119
134	134	210.225. 1. (1) Before July 1, 2027, each licensed 1
135	135	child care provider shall adopt a policy on allergy 2
136	136	prevention and response with priority given to addressing 3
137	137	potentially deadly food-borne allergies. Such policy shall 4
138	138	contain, but shall not be limited to, the following elements: 5
139	139	(a) Distinguishing between building -wide, room-level, 6
140	140	and individual approaches to allergy prevention and 7
141	141	management; 8
142	142	(b) Providing an age-appropriate response to building - 9
143	143	level and room-level allergy education and prevention; 10
144	144	(c) Describing the role of child care facility staff 11
145	145	in determining how to manage an allergy problem, whether 12
146	146	through a plan prepared for a child under Secti on 504 of the 13
147	147	Rehabilitation Act of 1973, as amended, for a child with an 14
148	148	allergy that has been determined to be a disability, an 15
149	149	individualized health plan for a child who has an allergy 16
150	150	that is not disabling, or another allergy management plan; 17
151	151	(d) Describing the role of other children and parents 18
152	152	in cooperating to prevent and mitigate allergies; 19
153	153	(e) Addressing confidentiality issues involved with 20
154	154	sharing medical information, including specifying when 21
155	155	parental permission is required to make medical information 22
156	156	available; and 23 SB 783 6
157	157	(f) Coordinating with the department of elementary and 24
158	158	secondary education, local health authorities, and other 25
159	159	appropriate entities to ensure efficient promulgation of 26
160	160	accurate information and to ensure th at existing child care 27
161	161	facility safety and environmental policies do not conflict. 28
162	162	(2) Such policies may contain information from or 29
163	163	links to child care facility allergy prevention information 30
164	164	furnished by the Food Allergy & Anaphylaxis Network or 31
165	165	equivalent organization with a medical advisory board that 32
166	166	has allergy specialists. 33
167	167	2. The department of elementary and secondary 34
168	168	education shall, in cooperation with any appropriate 35
169	169	professional association, develop a model policy or policies 36
170	170	before July 1, 2026. 37
171	171	