Text of MO SB 696 (2010)

EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SECOND REGULAR SESSION SENATE BILL NO. 696 95TH GENERAL ASSEMBLY INTRODUCED BY SENATOR WRIGHT-JONES. Pre-filed December 1, 2009, and ordered printed. TERRY L. SPIELER, Secretary. 3683S.01I AN ACT To repeal section 170.015, RSMo, and to enact in lieu thereof seven new sections relating to reducing the number of abortions in the state through the prevention first act, with penalty provisions. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Section 170.015, RSMo, is repealed and seven new sections 2 enacted in lieu thereof, to be known as sections 170.015, 191.717, 191.718, 3 191.720, 192.970, 338.012, and 338.014, to read as follows: 170.015. 1. Any course materials and instruction relating to human 2 sexuality and sexually transmitted diseases shall be medically and factually 3 accurate, be based on peer reviewed projects that have been 4 demonstrated to influence healthy behavior, and shall: 5 (1) Present abstinence from sexual activity as the preferred choice of 6 behavior in relation to all sexual activity [for unmarried pupils because it is the 7 only method that is one hundred percent effective in preventing pregnancy, 8 sexually transmitted diseases and the emotional trauma associated with 9 adolescent sexual activity, and advise students that teenage sexual activity places 10 them at a higher risk of dropping out of school because of the consequences of 11 sexually transmitted diseases and unplanned pregnancy] as the only sure way 12 to avoid pregnancy or sexually transmitted infection; 13 (2) Stress that sexually transmitted [diseases] infections are serious, 14 possible, health hazards of sexual activity. Pupils shall be provided with the 15 latest medical information regarding exposure to human immunodeficiency virus 16 (HIV), acquired immune deficiency syndrome (AIDS), human papilloma virus, 17 hepatitis and other sexually transmitted diseases; SB 696 2 18 (3) Present students with the latest medically factual information 19 [regarding both the possible side effects and health benefits of all forms of 20 contraception, including the success and failure rates for the prevention of 21 pregnancy and sexually transmitted diseases; or shall present students with 22 information on contraceptives and pregnancy in a manner consistent with the 23 provisions of the federal abstinence education law, 42 U.S.C. Section 710] about 24 the health benefits and side effects of all contraceptives and barrier 25 methods as a means to prevent pregnancy and to reduce the risk of 26 contracting sexually transmitted infections, HIV/AIDS and other 27 diseases; 28 (4) [Include a discussion of the possible emotional and psychological 29 consequences of preadolescent and adolescent sexual activity and the 30 consequences of adolescent pregnancy, as well as the advantages of adoption, 31 including the adoption of special needs children, and the processes involved in 32 making an adoption plan] Provide information about the vaccine for 33 human papilloma virus, which may prevent cervical cancer, genital 34 warts, infertility, and other reproductive health problems, when 35 administered prior to becoming sexually active; 36 (5) Encourage family communication between parents and 37 children about sexuality; 38 (6) Help young people gain knowledge about the physical, 39 biological, and hormonal changes of adolescence and subsequent states 40 of human maturation and the skills to make responsible decisions about 41 sexuality, including how alcohol and drug use can affect that decision 42 making; 43 [(5)] (7) Teach skills of conflict management, personal responsibility and 44 positive self-esteem through discussion and role-playing at appropriate grade 45 levels to emphasize that the pupil has the power to control personal 46 behavior. Pupils shall be encouraged to base their actions on reasoning, 47 self-discipline, sense of responsibility, self-control, and ethical considerations, 48 such as respect for one's self and others. Pupils shall be taught not to make 49 unwanted physical and verbal sexual advances or otherwise exploit another 50 person. Pupils shall be taught to resist unwanted sexual advances and other 51 negative peer pressure; 52 [(6)] (8) Advise pupils of the laws pertaining to their financial 53 responsibility to children born in and out of wedlock and advise pupils of the SB 696 3 54 provisions of chapter 566, RSMo, pertaining to statutory rape. 55 2. Policies concerning referrals and parental notification regarding 56 contraception shall be determined by local school boards or charter schools, 57 consistent with the provisions of section 167.611, RSMo. 58 3. A school district or charter school which provides human sexuality 59 instruction may separate students according to gender for instructional purposes. 60 4. The board of a school district or charter school shall determine the 61 specific content of the district's or school's instruction in human sexuality, in 62 accordance with subsections 1 to 3 of this section, and shall ensure that all 63 instruction in human sexuality is appropriate to the age of the students receiving 64 such instruction. 65 5. A school district or charter school shall notify the parent or legal 66 guardian of each student enrolled in the district or school of: 67 (1) The basic content of the district's or school's human sexuality 68 instruction to be provided to the student; and 69 (2) The parent's right to remove the student from any part of the district's 70 or school's human sexuality instruction. 71 6. A school district or charter school shall make all curriculum materials 72 and names and affiliations of presenters used in the district's or school's 73 human sexuality instruction available for public inspection pursuant to chapter 74 610, RSMo, prior to the use of such materials in actual instruction. 75 [7. No school district or charter school, or its personnel or agents, shall 76 provide abortion services, or permit a person or entity to offer, sponsor, or furnish 77 in any manner any course materials or instruction relating to human sexuality 78 or sexually transmitted diseases to its students if such person or entity is a 79 provider of abortion services. 80 8. As used in this section, the following terms mean: 81 (1) "Abortion", the same meaning as such term is defined in section 82 188.015, RSMo; 83 (2) "Abortion services": 84 (a) Performing, inducing, or assisting in the performance or inducing of 85 an abortion which is not necessary to save the life of the mother; 86 (b) Encouraging a patient to have an abortion or referring a patient for 87 an abortion, which is not necessary to save the life of the mother; or 88 (c) Developing or dispensing drugs, chemicals, or devices intended to be 89 used to induce an abortion which is not necessary to save the life of the mother.] SB 696 4 191.717. 1. Sections 191.717 and 191.718 may be cited as the 2 "Compassionate Assistance for Rape Emergencies (CARE) Act". 3 2. As used in sections 191.717 to 191.718, unless the context 4 clearly indicates otherwise, the following terms shall mean: 5 (1) "Emergency care to sexual assault victims", medical 6 examinations, procedures, or services provided at a hospital to a sexual 7 assault victim following an alleged rape; 8 (2) "Emergency contraception", any drug or device approved by 9 the Food and Drug Administration that prevents pregnancy after sexual 10 intercourse; 11 (3) "Health care facility", any urgent care center or facility that 12 offers treatment for patients during normal business, after-business, or 13 weekend hours and that is affiliated with a licensed hospital; 14 (4) "Medically and factually accurate and objective", verified or 15 supported by the weight of research conducted in compliance with 16 accepted scientific methods and is published in peer-reviewed journals 17 where applicable; or comprising information that leading professional 18 organizations and agencies with relevant expertise in the field, such as 19 the American College of Obstetricians and Gynecologists, recognize as 20 accurate and objective; 21 (5) "Sexual assault", as defined in section 566.040; 22 (6) "Sexual assault victim", a female who is alleged to have been 23 raped and is presented as a patient. 191.718. 1. It shall be the standard of care for any hospital and 2 any health care facility that provides emergency care to sexual assault 3 victims to: 4 (1) Provide each sexual assault victim with medically and 5 factually accurate and objective written and oral information about 6 emergency contraception; 7 (2) Orally inform each sexual assault victim of her option to be 8 provided emergency contraception at the hospital; 9 (3) Provide the complete regimen of emergency contraception 10 immediately at the hospital or health care facility to each sexual 11 assault victim who requests it; and 12 (4) Follow the Department of Justice protocols on HIV/STI 13 screening and prophylactic treatment as referenced in 19 CSR 40-10.010 14 and the sexual assault forensic exam checklist promulgated by the SB 696 5 15 department of health and senior services. 16 2. Hospitals and health care facilities shall ensure that each 17 person who provides care to sexual assault victims is provided with 18 medically and factually accurate and objective information about 19 emergency contraception. 20 3. The department of health and senior services shall develop, 21 prepare, and produce informational materials relating to emergency 22 contraception for the prevention of pregnancy for distribution in any 23 hospital or health care facility in the state in quantities sufficient to 24 comply with the requirements of this section. The director, in 25 collaboration with community sexual assault programs, may also 26 approve informational materials from other sources. 27 4. The information materials shall: 28 (1) Be medically and factually accurate and objective; 29 (2) Be clearly written and readily comprehensible in a culturally 30 competent manner, as the department deems necessary to inform 31 victims of sexual assault; and 32 (3) Explain the nature of emergency contraception, including its 33 use, safety, efficacy, and availability, and that it does not cause 34 abortion. 35 5. The department of health and senior services shall respond to 36 complaints and shall periodically determine whether hospitals and 37 health care facilities are complying with the provisions of this 38 section. The department may use all investigative tools available to 39 verify compliance. If the department determines that a hospital or 40 health care facility is not in compliance, the department shall: 41 (1) Impose an administrative penalty of five thousand dollars per 42 woman who is denied medically and factually accurate and objective 43 information about emergency contraception or who is not offered or 44 provided emergency contraception; and 45 (2) Impose an administrative penalty of five thousand dollars for 46 failure to comply with the provisions of this section and for every 47 thirty days that a hospital or health care facility is not in compliance, 48 an additional penalty of five thousand dollars shall be imposed. 49 6. The department shall promulgate rules to implement the 50 provisions of sections 191.717 to 191.718. 51 7. Any rule or portion of a rule, as that term is defined in section SB 696 6 52 536.010, that is created under the authority delegated in this section 53 shall become effective only if it complies with and is subject to all of 54 the provisions of chapter 536, and, if applicable, section 536.028. This 55 section and chapter 536, are nonseverable and if any of the powers 56 vested with the general assembly pursuant to chapter 536, to review, to 57 delay the effective date, or to disapprove and annul a rule are 58 subsequently held unconstitutional, then the grant of rulemaking 59 authority and any rule proposed or adopted after August 28, 2010, shall 60 be invalid and void. 191.720. 1. This section shall be known and may be cited as the 2 "Birth Control Protection Act". 3 2. The general assembly of this state finds that: 4 (1) Citizens of this state have a protectable interest in freedom 5 from unreasonable government intrusions into their private lives; 6 (2) This interest in freedom from unreasonable government 7 intrusions into the private lives of citizens encompasses and protects 8 the right of consenting individuals to obtain and use safe and effective 9 methods of contraception without interference by governmental 10 entities; 11 (3) It is the public policy of this state that the interest in 12 freedom from unreasonable government intrusions into the private 13 lives of citizens, and specifically the right of consenting individuals to 14 obtain and use safe and effective methods of contraception without 15 interference by governmental entities, shall be safeguarded and that 16 the laws of this state shall be interpreted and construed to recognize 17 and protect these rights. 18 3. Notwithstanding any other provisions of law, no governmental 19 actor or entity, whether state, county, municipal, or otherwise, within 20 the state of Missouri, shall: 21 (1) Be authorized to act in any fashion so as to deprive 22 consenting individuals of the right to obtain and use safe and effective 23 methods of contraception; or 24 (2) Interfere with or discriminate against, in the regulation or 25 provision of benefits, facilities, services, or information, the right of 26 consenting individuals to obtain and use safe and effective methods of 27 contraception. 28 4. Nothing in this section shall be interpreted to prevent SB 696 7 29 implementation of laws, rules, ordinances, taxes, or regulations 30 affecting the method and manner of sale or distribution of 31 contraceptives, provided such laws, rules, ordinances, taxes, or 32 regulations are reasonably designed to promote public health and 33 safety, and do not have the effect of unreasonably hindering public 34 access to contraceptives. 192.970. 1. Subject to appropriation, the department of health 2 and senior services shall implement a women's health services program 3 by July 1, 2011. Initial funding for the program shall be in the amount 4 of five million dollars. Such program shall have the goal of reducing 5 the number of unintended pregnancies in Missouri by providing 6 women's health services through qualified health providers, as 7 determined by the department. 8 2. For purposes of this section, women's health services shall 9 include, but not be limited to: 10 (1) Breast and cervical cancer checks; 11 (2) Screening and treatment for sexually transmitted diseases; 12 (3) HIV screening; 13 (4) Voluntary choice of contraception, including natural family 14 planning; 15 (5) Infertility treatment; 16 (6) Patient education and pre-pregnancy counseling on the 17 dangers of smoking, alcohol, and drug use during pregnancy; 18 (7) Education on sexual coercion and violence in relationships; 19 and 20 (8) Prenatal and other health care referrals. 21 3. Pursuant to section 23.253 of the Missouri sunset act: 22 (1) The provisions of the new program authorized under this 23 section shall sunset automatically six years after the effective date of 24 this section unless reauthorized by an act of the general assembly; and 25 (2) If such program is reauthorized, the program authorized 26 under this section shall sunset automatically twelve years after the 27 effective date of the reauthorization of this section; and 28 (3) This section shall terminate on September first of the 29 calendar year immediately following the calendar year in which the 30 program authorized under this section is sunset. 338.012. 1. Upon receipt of a valid and lawful prescription, a SB 696 8 2 licensed pharmacy shall dispense any prescribed drug or device in 3 stock without delay, consistent with the normal time frame for filling 4 any other prescription. 5 2. Nothing herein shall prohibit a licensed pharmacy from 6 refusing to dispense a prescribed drug or device in accordance with 7 standard pharmacy practice if: 8 (1) There is a valid medical concern that such drug or device will 9 cause problems due to therapeutic duplications, drug-disease 10 contraindications, drug interactions, including serious interactions 11 with prescription or over-the-counter medications, incorrect dosage or 12 duration of drug treatment, drug-allergy interactions, drug abuse, or 13 drug misuse; or 14 (2) The customer is unable to pay for the drug or device. 15 3. When a customer requests a prescribed drug or device not in 16 stock, the pharmacy shall offer the customer the following options: 17 (1) The pharmacy shall obtain the drug or device under standard 18 procedures for expedited ordering of any prescription drug or device 19 not in stock and promptly notify the customer when the pharmacy 20 receives the drug or device; or 21 (2) The pharmacy shall locate a pharmacy of the customer's 22 choice or the closest pharmacy that has the drug or device in stock and 23 transfer the customer's prescription to that pharmacy under standard 24 procedures for transferring prescriptions. 25 The pharmacy shall perform the customer's chosen option in a timely 26 fashion and return the prescription order to the customer upon request 27 at any time prior to dispensing. 28 4. Every licensed pharmacy shall ensure that it does not 29 intimidate, threaten, or harass its customers in the delivery of services. 338.014. 1. A licensed pharmacy shall fulfill all lawful requests 2 for contraception approved for over-the-counter use in a timely fashion. 3 2. Where a customer lawfully requests contraception approved 4 for over-the-counter use, and that drug is not in stock, the pharmacy 5 shall offer the customer the following options: 6 (1) The pharmacy will obtain the contraception under the 7 pharmacy's standard procedures for expedited ordering of over-the- 8 counter drugs not in stock and promptly notify the customer when the 9 pharmacy receives the contraception; or SB 696 9 10 (2) The pharmacy will locate a pharmacy of the customer's choice 11 or the closest pharmacy that has the contraception in stock and refer 12 the customer to that pharmacy. 13 The pharmacy shall perform the customer's chosen option in a timely 14 fashion. 15 3. Every licensed pharmacy shall ensure that it does not 16 intimidate, threaten, or harass its customers in the delivery of services. T