http://www.senate.state.mo.us/02info/bills/sb712.htm
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SB 0712 |
Increases state health
emergency powers |
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Sponsor: |
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LR Number: |
3084S.07C |
Fiscal Note: |
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Committee: |
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Last Action: |
02/04/02 - 005 S Calendar S Bills for Perfection w/SCS |
Journal page: |
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Title: |
SCS SB 712 |
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Effective Date: |
Emergency Clause |
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Current Bill Summary
SCS/SB 712 - This act increases state emergency health powers.
Definitions are provided for related terms, including
"bioterrorism" (Section 44.010). Current law outlines the emergency
powers of the Governor. This act adds that such powers are allowed when there
exists an imminent threat of a disaster (Section 44.100).
A new section exempts certain persons from liability during a state health
emergency. Such individuals include the state, public health authorities,
certain real estate owners, persons under contract with the state or asked by
the state to assist (Section 44.240).
Current law creates the State Legal Expense Fund to pay awards against the
state and its associates. This act adds volunteers who respond to emergencies
at the request of the state and local agencies and veterinarians to the list of
those covered by the Fund (Section 105.711).
A twelve-month temporary license is currently allowed for a health care
practitioner licensed in another state who is acting under military orders and
is enrolled in a trauma and disaster response training in this state. This act adds
a third category to also allow temporary licensure of a health care
practitioner licensed in another state and acting pursuant to a Governor's
declaration of a state public health emergency. Temporary licensure for this
category will be issued for a two-week period and, after verification of
qualifications, may be reissued every two weeks. Licensure information for all
three categories may be obtained by any means, including electronic mail. The
term "health care professional" means as defined in Section 383.130,
RSMo, which includes physicians, dentists, podiatrists, pharmacists,
psychologists, or nurses. This portion of the act is identical to SB 714 (2002)
(Section 190.500).
A new section requires pharmacists to report unusual or increased prescription
trends within 24 hours. Veterinarians, livestock owners, or laboratory
directors must report suspicious animals within twenty-four hours of diagnosis.
Out-of-state laboratories which collect specimens within Missouri and in-state
labs that send specimens out-of-state must report all cases of illness or
health conditions. The Department will define this procedure by rule (Section
192.021).
Current law penalizes persons for leaving a quarantine without permission.
This act modifies the language and imposes a Class A misdemeanor on those who:
- Refuse to submit to medical exams or testing; - Refuse to perform medical
exams or testing; - Refuse to comply with isolation or quarantine orders; -
Knowingly put themselves in contact with an isolated or quarantined person; -
Knowingly fail to report or conceal a dangerous disease; - Refuse to cooperate
with investigations; - Remove quarantine notices;
If anyone performs any of the above acts during a state health emergency, he
or she will be guilty of a Class D felony (Section 192.320).
A new section allows the Department to waive the registration and record
keeping requirements regarding narcotic drugs (Section 195.041).
Current law allows probate to begin in certain circumstances when it relates
to the estate of an absent persons. New language adds an individual's exposure
to a specific peril of death due to an actual or suspected terrorist event to
the list of circumstances (Section 473.697). Current law also allows a
presumption of death after five years and without proof otherwise. New language
provides that it will be sufficient to presume a person dead at any time after
that person was exposed to a specific peril of death, even if five years have
not yet elapsed (Section 490.620).
A new section requires the Department of Mental Health to provide
information about mental health support to address the emergency. The
Department of Health and Senior Services may assist (Section 630.807).
This act contains an emergency clause.
ERIN MOTLEY