Text of MO HB 2567 (2024)

SECOND REGULAR SESSION HOUSE BILL NO. 2567 102ND GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE BAKER. 4852H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To amend chapter 191, RSMo, by adding thereto twelve new sections relating to health care, with penalty provisions. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Chapter 191, RSMo, is amended by adding thereto twelve new sections, to 2 be known as sections 191.1770, 191.1775, 191.1777, 191.1780, 191.1785, 191.1787, 3 191.1790, 191.1795, 191.1800, 191.1802, 191.1805, and 191.1807, to read as follows: 191.1770. Sections 191.1770 to 191.1807 shall be known and may be cited as the 2 "Do No Harm Act". 191.1775. For purposes of sections 191.1770 to 191.1807, the following terms 2 mean: 3 (1) "Academic standards", the grade point average, standardized test score, or 4 other objective metric used to measure a student's achievements for the purpose of 5 admission into, advancement in, or graduation from a medical institution of higher 6 education; 7 (2) "DEI office", any division, office, center, or other unit of a medical institution 8 of higher education or component thereof whose duties include coordinating, creating, 9 developing, designing, implementing, organizing, planning, or promoting policies, 10 programming, training, practices, activities, and procedures relating to diversity, equity, 11 and inclusion; 12 (3) "DEI officer": 13 (a) An individual: 14 a. Who is: EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 15 (i) A full-time or part-time employee of a medical institution of higher education 16 or component thereof; or 17 (ii) An independent contractor of a medical institution of higher education or 18 component thereof; and 19 b. Whose duties for the institution include coordinating, planning, creating, 20 developing, designing, implementing, organizing, planning, or promoting policies, 21 programming, training, practices, activities, and procedures relating to diversity, equity, 22 and inclusion; and 23 (b) Shall not include: 24 a. Any full-time or part-time employee who is a licensed attorney and whose sole 25 job duties related to diversity, equity, and inclusion are to ensure compliance with the 26 obligations of the medical institution of higher education under Title IX of the 27 Education Amendments Act of 1972, 20 U.S.C. Section 1681 et seq., as amended; the 28 Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq., as amended; 29 the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621 et seq., as 30 amended; Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d; applicable 31 court orders; or other applicable state and federal law; 32 b. Any faculty member while engaged in teaching, researching, and producing 33 creative works; disseminating his or her research and creative works; or advising a 34 registered student organization; or 35 c. A guest speaker or performer with a short-term engagement; 36 (4) "Discriminatory ideology", an ideology that promotes the differential 37 treatment of any individual or group of individuals based on immutable characteristics 38 of race, color, ethnicity, or national origin; 39 (5) "Diversity, equity, and inclusion" or "DEI": 40 (a) Any effort to: 41 a. Manipulate or otherwise influence the composition of the faculty or student 42 body with reference to race, sex, color, or ethnicity, apart from ensuring colorblind and 43 race-neutral admissions and hiring in accordance with state and federal anti- 44 discrimination laws; 45 b. Promote differential treatment of or provide special benefits to individuals on 46 the basis of race, color, or ethnicity; 47 c. Promote or promulgate policies or procedures designed or implemented with 48 reference to race, color, or ethnicity, other than policies or procedures approved in 49 writing by the coordinating board for higher education and the general counsel of the 50 medical institution of higher education for the sole purpose of ensuring compliance with 51 any applicable court order or state or federal law; HB 2567 2 52 d. Promote or promulgate training, programming, or activities designed or 53 implemented with reference to race, color, ethnicity, gender identity, or sexual 54 orientation, other than training, programs, or activities developed by an attorney and 55 approved in writing by the coordinating board for higher education and the general 56 counsel of the medical institution of higher education for the sole purpose of ensuring 57 compliance with any applicable court order or state or federal law; or 58 e. Promote as the official position of the administration, the college, or the 59 university, or any administrative unit thereof, a particular opinion referencing 60 unconscious or implicit bias, cultural appropriation, allyship, transgender ideology, 61 microaggressions, group marginalization, anti-racism, systemic oppression, social 62 justice, intersectionality, neopronouns, heteronormativity, disparate impact, gender 63 theory, racial or sexual privilege, or any related formulation of these concepts; and 64 (b) Shall not be construed to include equal opportunity or equal employment 65 opportunity materials designed to inform individuals about the prohibition on 66 discrimination based on protected status under state or federal law; 67 (6) "Diversity, equity, and inclusion statement", a communication, written or 68 oral, relating to any of the following: 69 (a) The applicant's, employee's, student's, or contractor's race, color, ethnicity, 70 or national origin, except to record necessary demographic information of that person; 71 (b) The applicant's, employee's, student's, or contractor's views on, experience 72 with, or past or planned contributions to efforts involving diversity, equity, and 73 inclusion; marginalized groups; anti-racism; social justice; intersectionality; or related 74 concepts; or 75 (c) The applicant's, employee's, student's, or contractor's views on or experience 76 with race, color, ethnicity, national origin, or other immutable characteristics of 77 students or coworkers; 78 (7) "Health care-related professional licensing boards", public licensing boards 79 for professionals in the health care fields including, but not limited to, the fields of 80 audiology and speech pathology, chiropractic, dentistry, dietetics and nutrition, 81 medicine, osteopathy, long-term care, mental health and human services, massage 82 therapy, nursing, occupational therapy, optometry, pharmacology, physical therapy, 83 podiatry, professional counseling, psychology, and social work; 84 (8) "Institution of higher education", any: 85 (a) State community college; 86 (b) State college or university offering bachelor's degrees, master's degrees, or 87 doctorate degrees; or 88 (c) Trade school that receives state funds; HB 2567 3 89 (9) "Medical institution of higher education", any institution of higher education 90 that offers health care-related degrees, health care-related certifications, or health care- 91 related training. 191.1777. 1. Medical institutions of higher education in this state shall not 2 expend appropriated funds or otherwise expend any funds derived from bequests, 3 charges, deposits, donations, endowment fees, grants, gifts, income, receipts, or tuition, 4 or derived from any other source, to: 5 (1) Establish, sustain, support, or staff a DEI office; or 6 (2) Contract, employ, engage, or hire an individual to serve as a DEI officer. 7 2. Nothing in this section shall be construed to cover or affect funding by a 8 medical institution of higher education of: 9 (1) Academic course instruction; 10 (2) Research and creative works by the institution's students, faculty, or other 11 research personnel, and the dissemination thereof; 12 (3) Activities of registered student organizations; 13 (4) Arrangements for guest speakers and performers with short-term 14 engagements; or 15 (5) Mental and physical health services by licensed professionals. 16 3. Nothing in this section shall be interpreted as prohibiting bona fide 17 qualifications based on sex that are reasonably necessary to the normal operation of 18 public health education. 19 4. Any funds that would otherwise have been expended on DEI offices or DEI 20 officers in fiscal year 2025 shall be reallocated, at the discretion of the governing board 21 of the medical institution of higher education, to merit scholarships for lower-income 22 and middle-income students and to reduce tuition for in-state students. 23 5. (1) No funds appropriated for fiscal year 2025 shall be expended by a medical 24 institution of higher education until the institution's governing board has filed a report 25 with the department of higher education and workforce development that discloses: 26 (a) The steps taken to comply with this section by the governing board and its 27 staff and the administration, staff, and faculty of the institution; 28 (b) The number and job titles of the individuals deemed to be required by the 29 obligations of the medical institution of higher education to comply with Title IX of the 30 Education Amendments Act of 1972, 20 U.S.C. Section 1681 et seq., as amended; the 31 Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq., as amended; 32 the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621 et seq., as 33 amended; Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d; applicable 34 court orders; or other applicable state and federal law; and HB 2567 4 35 (c) A certification that the medical institution of higher education is fully 36 compliant with this section. 37 (2) The medical institution of higher education shall also make the report 38 described in subdivision (1) of this subsection available for the public on its website. 39 6. Each medical institution of higher education shall publish the titles and syllabi 40 for all mandatory courses, seminars, classes, workshops, and training sessions on its 41 website in an online database that is readily searchable by the public. 42 7. Any person may notify the attorney general of a violation or potential 43 violation of this section by a medical institution of higher education. 191.1780. 1. Each medical institution of higher education shall submit an annual 2 certification before December thirty-first to the state board of registration for the 3 healing arts and the coordinating board for higher education stating that the institution: 4 (1) Does not require applicants to subscribe to diversity, equity, and inclusion 5 ideologies and does not discriminate against applicants who do not subscribe to DEI 6 ideologies during the application process; and 7 (2) Does not require admitted students to study or subscribe to DEI ideologies 8 within the medical institution of higher education. 9 2. Medical institutions of higher education shall not conduct internal DEI audits 10 or otherwise engage DEI consultants. 191.1785. 1. All medical institutions of higher education in this state other than 2 open-enrollment institutions shall require applicants to complete a standardized 3 admissions test focused on knowledge and critical thinking with respect to science 4 and medical training in order to qualify for admission. 5 2. A medical institution of higher education shall not alter the academic 6 standards for the admission of new students to a health care-related course of study or 7 for the conferral of a health care-related degree or certificate unless the institution 8 submits to the general assembly and the coordinating board for higher education: 9 (1) A copy of the proposed academic standards; 10 (2) A concise general statement relating to the proposed standards; and 11 (3) The proposed effective date of the proposed standards. 12 3. The proposed standards described in subsection 2 of this section shall become 13 effective no earlier than sixty days from the date of the submission of the proposed 14 standards, excluding days either chamber of the general assembly is adjourned for more 15 than three days. 16 4. (1) The proposed standards described in subsection 2 of this section shall not 17 become effective if, before the earliest date on which the standards may become effective HB 2567 5 18 as described in subsection 3 of this section, both chambers of the general assembly pass 19 and the governor approves a joint resolution of disapproval. 20 (2) For purposes of this subsection, the term "joint resolution of disapproval" 21 means a resolution introduced after the submission of the proposed standards described 22 in subsection 2 of this section that contains a statement in substantially the following 23 form: "The general assembly disapproves the standards submitted by ______________ 24 ____ (the medical institution of higher education) relating to __________________ (the 25 description of the standards), and such standards shall have no force or effect.". 26 5. Notwithstanding any other provision of law, no medical institution of higher 27 education shall grant preference to any applicant for admission or employment on the 28 basis of race, sex, color, ethnicity, or national origin. 191.1787. 1. Neither a medical institution of higher education nor a medical 2 institutional review board associated with an institution of higher education shall: 3 (1) Compel, require, induce, or solicit any applicant, employee, student, or 4 contractor to endorse any discriminatory ideology; 5 (2) Compel, require, induce, or solicit any applicant, employee, student, or 6 contractor to provide a diversity, equity, and inclusion statement; 7 (3) Provide preferential consideration to any applicant, employee, student, or 8 contractor on the basis of that person's provision of an unsolicited statement related to a 9 discriminatory ideology; or 10 (4) Prevent an applicant or candidate from providing, of his or her own initiative 11 and not due to any specific requirement or request from the institution of higher 12 education, any information described in this section. 13 2. Nothing in this section shall be construed to: 14 (1) Restrict academic research or coursework; or 15 (2) Prevent an institution of higher education from requiring applicants to: 16 (a) Disclose or discuss the content of their research or artistic creations; 17 (b) Certify compliance with state and federal anti-discrimination law; or 18 (c) Discuss pedagogical approaches or experience with students with learning 19 disabilities. 191.1790. 1. Health care-related professional licensing boards shall not adopt or 2 impose, as a condition of obtaining or renewing any license, any incentives or 3 requirements for applicants for licensure or renewal of licensure to undergo, 4 demonstrate familiarity with, or support any diversity, equity, and inclusion training, 5 education, material, or program. HB 2567 6 6 2. Organizations that issue state-required health care-related professional 7 certifications shall not use DEI material or require DEI training as part of the 8 certification process. 9 3. Health care-related professional licensing boards and organizations that issue 10 health care-related professional certifications shall not conduct internal DEI audits or 11 otherwise engage DEI consultants. 191.1795. 1. A medical institution of higher education shall not receive any state 2 contract or grant unless the institution has certified before the award of the contract or 3 grant that it does not and will not require its employees, contractors, volunteers, 4 vendors, or agents to subscribe to, study, or receive instruction on diversity, equity, and 5 inclusion material in connection with the use of state funds. 6 2. Each medical institution of higher education shall submit an annual 7 certification before December thirty-first to the state board of registration for the 8 healing arts stating that the institution does not and will not require its employees, 9 contractors, volunteers, vendors, or agents to subscribe to, study, or receive instruction 10 on diversity, equity, and inclusion material in connection with the use of state funds. 191.1800. Any state entity applying for a federal health care-related grant 2 related to diversity, equity, and inclusion shall publish on its website all materials, 3 requirements, and instructions related to the federal grant application that are in the 4 entity's possession, submit a copy of the grant proposal to the state board of registration 5 for the healing arts for public posting, and submit a copy of the grant proposal to all 6 members of the house and senate committees on health policy. 191.1802. 1. An aggrieved person may commence an action against a medical 2 institution of higher education for violations of sections 191.1770 to 191.1807. 3 2. If an aggrieved person proves that a medical institution of higher education 4 violated sections 191.1770 to 191.1807, the person is entitled to recover: 5 (1) Declaratory relief; 6 (2) Injunctive relief; 7 (3) Statutory damages of not less than one hundred thousand dollars assessed 8 against the medical institution of higher education found by a court to have violated 9 sections 191.1770 to 191.1807; 10 (4) Compensatory damages; and 11 (5) Costs and attorney's fees. 12 3. Sovereign immunity to suit is waived and abolished to the extent of liability 13 created by sections 191.1770 to 191.1807. A person having a claim under sections 14 191.1770 to 191.1807 may sue a medical institution of higher education that would HB 2567 7 15 otherwise be entitled to such immunity for damages allowed by sections 191.1770 to 16 191.1807. 17 4. An aggrieved person shall bring suit under sections 191.1770 to 191.1807 not 18 later than one year after the alleged violation occurred. 191.1805. 1. Each medical institution of higher education shall submit an annual 2 certification to the state board of registration for the healing arts and the attorney 3 general signed by an officer of the institution under penalty of perjury stating that the 4 institution is in compliance with the provisions of sections 191.1770 to 191.1807. 5 2. The attorney general shall have the authority to investigate allegations of 6 violations of sections 191.1770 to 191.1807. 7 3. In addition to any relief granted to aggrieved persons under a private right of 8 action, the attorney general may seek civil penalties of up to one million dollars against a 9 medical institution of higher education for each violation of sections 191.1770 to 10 191.1807. 11 4. The attorney general may file suit for a writ of mandamus compelling medical 12 institutions of higher education to comply with sections 191.1770 to 191.1807. 13 5. The attorney general shall have the authority to establish, by regulation, 14 procedures for investigating violations of sections 191.1770 to 191.1807. Any rule or 15 portion of a rule, as that term is defined in section 536.010, that is created under the 16 authority delegated in this section shall become effective only if it complies with and is 17 subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This 18 section and chapter 536 are nonseverable and if any of the powers vested with the 19 general assembly pursuant to chapter 536 to review, to delay the effective date, or to 20 disapprove and annul a rule are subsequently held unconstitutional, then the grant of 21 rulemaking authority and any rule proposed or adopted after August 28, 2024, shall be 22 invalid and void. 191.1807. The state board of registration for the healing arts shall publish on its 2 website, on an annual basis before December thirty-first, a list of all the medical 3 institutions of higher education that have provided DEI certification as required under 4 sections 191.1770 to 191.1807. ✔ HB 2567 8