reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.594 - Citation of law — prevalence of depression and suicide study — prohibited acts — definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 07 Jul 2017, see footnote
191.594. Citation of law — prevalence of depression and suicide study — prohibited acts — definitions. —
1. Sections 191.594 to 191.596 shall be known and may be cited as the "Show-Me Compassionate Medical Education Act".
2. No medical school in this state shall prohibit, discourage, or otherwise restrict a medical student organization or medical organization from undertaking or conducting a study of the prevalence of depression and suicide or other mental health issues among medical students. No medical school in this state shall penalize, discipline, or otherwise take any adverse action against a student or a medical student organization in connection with such student's or medical student organization's participation in, planning, or conducting a study of the prevalence of depression and suicide or other mental health issues among medical students.
3. For purposes of this section, the following terms shall mean:
(1)
"Medical organization"
includes, but is not limited to, organizations such as the Missouri State Medical Association and the Missouri Association of Osteopathic Physicians and Surgeons;
(2)
"Medical school"
, any allopathic or osteopathic school of medicine in this state;
(3)
"Medical student organization"
includes, but is not limited to, organizations such as the American Medical Student Association, the Student Osteopathic Medical Association, and any medical student section of a medical organization.
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(L. 2017 S.B. 52)
Effective 7-07-17
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.600 - Loan repayment program established — health professional student loan repayment program fund established — use.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 2023, 2 histories
191.600. Loan repayment program established — health professional student loan repayment program fund established — use. —
1. Sections 191.600 to 191.615 establish a loan repayment program for graduates of approved medical schools, schools of osteopathic medicine, schools of dentistry and accredited chiropractic colleges who practice in areas of defined need and shall be known as the "Health Professional Student Loan Repayment Program". Sections 191.600 to 191.615 shall apply to graduates of accredited chiropractic colleges when federal guidelines for chiropractic shortage areas are developed.
2. The "Health Professional Student Loan and Loan Repayment Program Fund" is hereby created in the state treasury. All funds recovered from an individual pursuant to section 191.614 and all funds generated by loan repayments and penalties received pursuant to section 191.540
*
shall be credited to the fund. The moneys in the fund shall be used by the department of health and senior services to provide loan repayments pursuant to section 191.611 in accordance with sections 191.600 to 191.614.
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(L. 1988 H.B. 1380 §§ 1, 9, A.L. 1993 H.B. 564, A.L. 2001 H.B. 567 merged with S.B. 393, A.L. 2023 H.B. 402 merged with S.B. 45 & 90 merged with S.B. 70 merged with S.B. 106 merged with S.B. 157)
*Section 191.540 was repealed by H.B. 402 merged with S.B. 45 & 90 merged with S.B. 70 merged with S.B. 106 merged with S.B. 157, 2023.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.603 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 2019, 2 histories
191.603. Definitions. —
As used in sections 191.600 to 191.615, the following terms shall mean:
(1)
"Areas of defined need"
, areas designated by the department pursuant to section 191.605, when services of a physician, including a psychiatrist, chiropractor, or dentist are needed to improve the patient-health professional ratio in the area, to contribute health care professional services to an area of economic impact, or to contribute health care professional services to an area suffering from the effects of a natural disaster;
(2)
"Chiropractor"
, a person licensed and registered pursuant to chapter 331;
(3)
"Department"
, the department of health and senior services;
(4)
"General dentist"
, dentists licensed and registered pursuant to chapter 332 engaged in general dentistry and who are providing such services to the general population;
(5)
"Primary care physician"
, physicians licensed and registered pursuant to chapter 334 engaged in general or family practice, internal medicine, pediatrics or obstetrics and gynecology as their primary specialties, and who are providing such primary care services to the general population;
(6)
"Psychiatrist"
, the same meaning as in section 632.005.
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(L. 1988 H.B. 1380 § 2, A.L. 2001 H.B. 567 merged with S.B. 393, A.L. 2019 S.B. 514)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.605 - Department to designate as areas of need — factors to be considered.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 2019, 2 histories
191.605. Department to designate as areas of need — factors to be considered. —
The department shall designate counties, communities, or sections of urban areas as areas of defined need for medical, psychiatric, chiropractic, or dental services when such county, community or section of an urban area has been designated as a primary care health professional shortage area, a mental health care professional shortage area, or a dental health care professional shortage area by the federal Department of Health and Human Services, or has been determined by the director of the department of health and senior services to have an extraordinary need for health care professional services, without a corresponding supply of such professionals.
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(L. 1988 H.B. 1380 § 3, A.L. 2001 H.B. 567 merged with S.B. 393, A.L. 2019 S.B. 514)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.607 - Qualifications for eligibility established by department.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 2019, 2 histories
191.607. Qualifications for eligibility established by department. —
The department shall adopt and promulgate regulations establishing standards for determining eligible persons for loan repayment pursuant to sections 191.600 to 191.615. These standards shall include, but are not limited to the following:
(1) Citizenship or permanent residency in the United States;
(2) Residence in the state of Missouri;
(3) Enrollment as a full-time medical student in the final year of a course of study offered by an approved educational institution or licensed to practice medicine or osteopathy pursuant to chapter 334, including psychiatrists;
(4) Enrollment as a full-time dental student in the final year of course study offered by an approved educational institution or licensed to practice general dentistry pursuant to chapter 332;
(5) Enrollment as a full-time chiropractic student in the final year of course study offered by an approved educational institution or licensed to practice chiropractic medicine pursuant to chapter 331;
(6) Application for loan repayment.
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(L. 1988 H.B. 1380 § 4, A.L. 2001 H.B. 567 merged with S.B. 393, A.L. 2019 S.B. 514)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.609 - Contract for repayment of loans, contents.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 2001
191.609. Contract for repayment of loans, contents. —
1. The department shall enter into a contract with each individual qualifying for repayment of educational loans. The written contract between the department and an individual shall contain, but not be limited to, the following:
(1) An agreement that the state agrees to pay on behalf of the individual loans in accordance with section 191.611 and the individual agrees to serve for a time period equal to two years, or such longer period as the individual may agree to, in an area of defined need, such service period to begin within one year of the signed contract;
(2) A provision that any financial obligations arising out of a contract entered into and any obligation of the individual which is conditioned thereon is contingent upon funds being appropriated for loan repayments;
(3) The area of defined need where the person will practice;
(4) A statement of the damages to which the state is entitled for the individual's breach of the contract;
(5) Such other statements of the rights and liabilities of the department and of the individual not inconsistent with sections 191.600 to 191.615.
2. The department may stipulate specific practice sites contingent upon department generated health care professional need priorities where applicants shall agree to practice for the duration of their participation in the program.
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(L. 1988 H.B. 1380 § 5, A.L. 2001 H.B. 567 merged with S.B. 393)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.611 - Loan repayment program to cover certain loans — amount paid per year of obligated service — schedule of payments — communities sharing costs to be given first consideration.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 2001
191.611. Loan repayment program to cover certain loans — amount paid per year of obligated service — schedule of payments — communities sharing costs to be given first consideration. —
1. A loan payment provided for an individual under a written contract under the health professional student loan payment program shall consist of payment on behalf of the individual of the principal, interest, and related expenses on government and commercial loans received by the individual for tuition, fees, books, laboratory, and living expenses incurred by the individual.
2. For each year of obligated services that an individual contracts to serve in an area of defined need, the director may pay an amount not to exceed the maximum amounts allowed under the National Health Service Corps Loan Repayment Program, 42 U.S.C. Section 2541-1, P.L. 106-213, on behalf of the individual for loans described in subsection 1 of this section.
3. The department may enter into an agreement with the holder of the loans for which repayments are made pursuant to the health professional student loan payment program to establish a schedule for the making of such payments if the establishment of such a schedule would result in reducing the costs to the state.
4. Any qualifying communities providing a portion of a loan repayment shall be considered first for placement.
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(L. 1988 H.B. 1380 § 6, A.L. 2001 H.B. 567 merged with S.B. 393)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.614 - Termination of medical studies or failure to become licensed doctor, liability — breach of contract for service obligation, penalties — recovery of amount paid by contributing community.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 2001
191.614. Termination of medical studies or failure to become licensed doctor, liability — breach of contract for service obligation, penalties — recovery of amount paid by contributing community. —
1. An individual who has entered into a written contract with the department; and in the case of an individual who is enrolled in the final year of a course of study and fails to maintain an acceptable level of academic standing in the educational institution in which such individual is enrolled or voluntarily terminates such enrollment or is dismissed from such educational institution before completion of such course of study or fails to become licensed pursuant to chapter 331, 332 or 334 within one year shall be liable to the state for the amount which has been paid on his or her behalf under the contract.
2. If an individual breaches the written contract of the individual by failing either to begin such individual's service obligation or to complete such service obligation, the state shall be entitled to recover from the individual an amount equal to the sum of:
(1) The total of the amounts prepaid by the state on behalf of the individual;
(2) The interest on the amounts which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum prevailing rate as determined by the Treasurer of the United States;
(3) An amount equal to any damages incurred by the department as a result of the breach;
(4) Any legal fees or associated costs incurred by the department or the state of Missouri in the collection of damages.
3. The department may act on behalf of a qualified community to recover from an individual described in subsections 1 and 2 of this section the portion of a loan repayment paid by such community for such individual.
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(L. 1988 H.B. 1380 § 7, A.L. 2001 H.B. 567 merged with S.B. 393)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.615 - Application for federal funds — insufficient funds, effect.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 2001
191.615. Application for federal funds — insufficient funds, effect. —
1. The department shall submit a grant application to the Secretary of the United States Department of Health and Human Services as prescribed by the secretary to obtain federal funds to finance the health professional student loan repayment program.
2. Sections 191.600 to 191.615 shall not be construed to require the department to enter into contracts with individuals who qualify for the health professional student loan repayment program when federal and state funds are not available for such purpose.
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(L. 1988 H.B. 1380 § 8, A.L. 2001 H.B. 567 merged with S.B. 393)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.645 - Risk of exposure to Hepatitis C, information to be made available — website to be maintained, content.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
Effective - 28 Aug 2005
191.645. Risk of exposure to Hepatitis C, information to be made available — website to be maintained, content. —
1. Health care employers shall make information available to their employees regarding the risk of exposure to hepatitis C. Such information shall include but not be limited to the following: availability of testing, including lists of several sites where testing can be obtained; cost; the department of health and senior services website; protocol for accidental exposure; and any other information deemed pertinent by the employer.
2. The department of health and senior services shall maintain a "Missouri Hepatitis C" website in conjunction with the department's current website that:
(1) Informs Missourians of the availability testing for the detection of hepatitis C;
(2) Contains detailed information regarding hepatitis including, but not limited to, the following:
(a) Facts about hepatitis C;
(b) Risk factors for the contraction of hepatitis C;
(c) Common routes of transmission for hepatitis C;
(d) Effects of hepatitis C on the liver and other organs;
(e) Current treatments for acute and chronic hepatitis C;
(f) Effects of untreated hepatitis C on the liver and other organs;
(3) Contains links to the following information and instructional websites:
(a) The American Liver Foundation (www.liverfoundation.org);
(b) Hepatitis Foundation International (www.hepatitisfoundation.org);
(c) Centers for Disease Control and Prevention (www.cdc.gov/ncidod/diseases/hepatitis/resource/);
(d) Links to any other website or sites the director deems appropriate and informative for Missourians; and
(e) Information on hepatitis C support groups in Missouri, including but not limited to meeting times, locations, and dates.
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(L. 2005 S.B. 74 & 49)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.648 - Expedited partner therapy permitted, requirements for physicians utilizing — rulemaking authority.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
Effective - 28 Aug 2010
191.648. Expedited partner therapy permitted, requirements for physicians utilizing — rulemaking authority. —
1. As used in this section,
"expedited partner therapy"
means the practice of treating the sex partners of persons with chlamydia or gonorrhea without an intervening medical evaluation or professional prevention counseling.
2. Any licensed physician may, but shall not be required to, utilize expedited partner therapy for the management of the partners of persons with chlamydia or gonorrhea. Notwithstanding the requirements of 20 CSR 2150- 5.020 (5) or any other law to the contrary, a licensed physician utilizing expedited partner therapy may prescribe and dispense medications for the treatment of chlamydia or gonorrhea for an individual who is the partner of a person with chlamydia or gonorrhea and who does not have an established physician/patient relationship with such physician. Any antibiotic medications prescribed and dispensed for the treatment of chlamydia or gonorrhea under this section shall be in pill form.
3. Any licensed physician utilizing expedited partner therapy for the management of the partners with chlamydia or gonorrhea shall provide explanation and guidance to a patient diagnosed with chlamydia or gonorrhea of the preventative measures that can be taken by the patient to stop the spread of such diagnosis.
4. Any licensed physician utilizing expedited partner therapy for the management of partners of persons with chlamydia or gonorrhea under this section shall have immunity from any civil liability that may otherwise result by reason of such actions, unless such physician acts negligently, recklessly, in bad faith, or with malicious purpose.
5. The department of health and senior services and the division of professional registration within the department of commerce and insurance shall by rule develop guidelines for the implementation of subsection 2 of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.
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(L. 2010 H.B. 1375)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.650 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 1996
191.650. Definitions. —
As used in sections 191.650 to 191.698
*
, the following terms mean:
(1)
"Disclose"
, to disclose, to release, transfer, disseminate or otherwise communicate all or any part of any record orally, in writing, or by electronic means to any person or entity;
(2)
"HBV"
, the hepatitis B virus;
(3)
"Health care facilities"
, those licensed under chapters 197 and 198;
(4)
"Health care professional"
, a member of the professional groups regulated by chapters 330, 332, and 335, and sections 334.010 to 334.210
**
;
(5)
"HIV"
, the human immunodeficiency virus that causes acquired immunodeficiency syndrome;
(6)
"HIV infection"
, the pathological state of the human body in response to HIV;
(7)
"HIV sampling"
, taking or ordering the taking of any biological specimen from an individual for the purpose of subjecting such specimen to analysis to determine the presence of HIV or infection;
(8)
"HIV testing"
, performing a serological test or other tests upon a biological specimen to determine the presence of HIV or its antibodies in the specimen following HIV sampling;
(9)
"Invasive procedures"
, those surgical or obstetric procedures that involve surgical entry into tissues, cavities, or organs and dental procedures involving manipulation, cutting, or removal of oral or perioral tissues, including tooth structure. Routine health care procedures such as physical examinations, blood pressure checks, eye examination, or oral, rectal or vaginal examinations are not considered as invasive procedures;
(10)
"Person"
, private individuals and private and public bodies politic and corporate, partnerships, trusts, and unincorporated associations and their officers, directors, agents, or employees.
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(L. 1988 H.B. 1151 & 1044 § 1, A.L. 1992 S.B. 511 & 556, A.L. 1996 S.B. 858)
*Section 191.698 was repealed by S.B. 19 § A, 1989.
**Section 334.210 was repealed by S.B. 50 § A, 1959.
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.653 - HIV testing performed by whom, how — consultation with subject required, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 1996
191.653. HIV testing performed by whom, how — consultation with subject required, when. —
1. No person shall perform or conduct HIV testing except physicians, hospitals, and those persons authorized by the department of health and senior services. No person shall be authorized by the department of health and senior services to perform or conduct HIV testing unless such person provides suitable verification to the department that such testing shall be performed in accordance with departmental regulations governing the types of tests performed and the manner in which they are administered. The department may monitor the continued compliance of such persons with departmental regulations. Hospitals licensed pursuant to chapter 197 shall be deemed to be in compliance with departmental regulations governing HIV testing.
2. All HIV testing shall be performed in accordance with the department rules governing HIV testing procedures.
3. Except as provided in sections 191.671 and 191.686, all physicians, hospitals, or other persons authorized by the department of health and senior services who perform or conduct HIV sampling shall provide consultation with the subject prior to taking the specimen and during the reporting of the test results and shall report to the department of health and senior services the identity of any individual confirmed to be infected with HIV.
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(L. 1988 H.B. 1151 & 1044 § 2, A.L. 1996 S.B. 858)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.658 - HIV infection status disclosure by department of health and senior services to exposed health workers or law enforcement officers, when, violation, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 1999
191.658. HIV infection status disclosure by department of health and senior services to exposed health workers or law enforcement officers, when, violation, penalty. —
1. As used in this section, the following terms shall mean:
(1)
"Disclose"
, to disclose, release, transfer, disseminate or otherwise communicate all or any part of any record orally, in writing or by electronic means to any person or entity;
(2)
"Health care practitioner"
, any licensed physician, nurse practitioner or physician's assistant;
(3)
"HIV"
, the human immunodeficiency virus that causes acquired immunodeficiency syndrome;
(4)
"HIV infection"
, the pathological state of the human body in response to HIV;
(5)
"Medically significant exposure"
, a puncture through or laceration of the skin, or contact of mucous membrane or nonintact skin with blood, tissue, wound exudate or other body fluids, including semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid, amniotic fluid or any body fluid containing visible blood, or contact of intact skin with any such body fluids when the duration of contact is prolonged or involves an extensive area of skin;
(6)
"Person"
, private individuals, private or public bodies politic, and corporations, partnerships, trusts, and unincorporated associations and their officers, directors, agents or employees;
(7)
"Source individual"
, the person who is the source of the blood or other body fluids to which medically significant exposure occurred.
2. A health care practitioner providing medical treatment for a health care worker or law enforcement officer because of a medically significant exposure to blood or other body fluids that occurred in the course of the worker's or officer's employment may request from the department of health and senior services information regarding the HIV infection status of the source individual. The department of health and senior services may disclose to the health care practitioner the HIV infection status of the source individual if such information is on file with the department.
3. The health care practitioner shall disclose the HIV infection status of the source individual to the exposed health care worker or law enforcement officer if, in the professional judgment of the health care practitioner, such disclosure is necessary to assure adherence to a prescribed treatment regimen.
4. No person to whom information about an individual's HIV infection has been disclosed pursuant to this section shall further disclose such results.
5. Any person who knowingly releases information in violation of this section is guilty of a class A misdemeanor.
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(L. 1999 H.B. 271 § 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.659 - Department of corrections, HIV and infectious diseases testing without right of refusal — exception — minors victim of sexual assault, testing, notice to parents or custodians required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 2003, 2 histories
191.659. Department of corrections, HIV and infectious diseases testing without right of refusal — exception — minors victim of sexual assault, testing, notice to parents or custodians required. —
1. Except as provided in subsection 2 of this section, all individuals who are delivered to the department of corrections and all individuals who are released or discharged from any correctional facility operated by the department of corrections, before such individuals are released or discharged, shall undergo HIV and tuberculosis testing without the right of refusal. In addition, the department of corrections may perform or conduct infectious disease testing on offenders without the right of refusal.
2. The department of corrections shall not perform HIV testing on an individual delivered to the department if similar HIV testing has been performed on the individual subsequent to trial and if the department is able to obtain the results of the prior HIV test.
3. The department shall inform the victim of any sexual offense defined in chapter 566, which includes sexual intercourse or deviate sexual intercourse as an element of the crime, of any confirmed positive results of HIV testing performed on an offender within the custody of the department. If the victim is an unemancipated minor, the department shall also inform the minor's parents or custodian, if any.
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(L. 1988 H.B. 1151 & 1044 § 4, A.L. 1990 H.B. 974, A.L. 1992 S.B. 638, A.L. 1999 H.B. 358, A.L. 2002 H.B. 1756, A.L. 2003 H.B. 477)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.662 - Department of mental health, permissive HIV testing without right of refusal, when — results of testing not to be reported to department of health and senior services, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 01 Jun 1988, see footnote
191.662. Department of mental health, permissive HIV testing without right of refusal, when — results of testing not to be reported to department of health and senior services, when. —
1. The department of mental health may perform or conduct HIV testing or HIV sampling without the right of refusal on:
(1) Any individual participating in a methadone treatment program for the treatment of intravenous drug abuse and who has refused to undergo such testing whenever there are reasonable grounds to believe that the individual is infected with HIV and is a reasonable health threat to others;
(2) Any individual under the care and custody of the department of mental health who has refused to undergo testing whenever there are reasonable grounds to believe that the individual is infected with HIV and is a reasonable health threat to others, unless such testing is otherwise prohibited by law.
2. The department of mental health shall not report to the department of health and senior services the identity of any individual for whom HIV testing pursuant to this section confirms HIV infection if such reporting is prohibited by federal law or regulation.
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(L. 1988 H.B. 1151 & 1044 § 5)
Effective 6-1-88
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.663 - HIV testing, defined — court order to test certain sexual offenders — costs — bond — disclosure of results of test — parents of unemancipated minor informed, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 1999
191.663. HIV testing, defined — court order to test certain sexual offenders — costs — bond — disclosure of results of test — parents of unemancipated minor informed, when. —
1. As used in this section and section 191.659, the term
"HIV testing"
means serological test or other test upon a biological specimen to determine the presence of the human immunodeficiency virus that causes acquired immunodeficiency syndrome or its antibodies in the specimen.
2. Any person who is convicted or who pleads guilty or nolo contendere to any sexual offense defined in chapter 566 or any juvenile who is adjudicated pursuant to subsection 3 of section 211.181 for an offense which would have been a sexual offense defined in chapter 566 if committed by an adult, which includes, in accordance with subsection (f) of 42 U.S.C. 3756, a sexual act as defined in subparagraphs (A) and (B) of paragraph (2) of 18 U.S.C. 2245 as an element of the offense, shall be ordered by the court to undergo HIV testing prior to incarceration without the right of refusal.
3. Costs of such HIV testing shall be taxed to the defendant as costs in the criminal proceeding. Such testing costs may be retained by the court from the bond filed by the defendant pursuant to subsection 4 of this section. Costs of such HIV testing for juveniles may be collected as provided for in section 211.281.
4. Any defendant charged in a court of general jurisdiction with a sexual offense defined in chapter 566 which includes, in accordance with subsection (f) of 42 U.S.C. 3756, a sexual act as defined in subparagraphs (A) and (B) of paragraph (2) of 18 U.S.C. 2245 as an element of the crime, shall be required to post a minimum bond amount for his or her release prior to trial. The minimum bond amount shall be sufficient to cover the cost of any post-trial HIV testing ordered by the court.
5. Notwithstanding any provision of section 191.656, or any other law to the contrary, the victim of any crime defined in chapter 566 which includes, in accordance with subsection (f) of 42 U.S.C. 3756, a sexual act as defined in subparagraphs (A) and (B) of paragraph (2) of 18 U.S.C. 2245 as an element, shall have a right to access to the results of any HIV testing performed pursuant to the provisions of this section, and the victim shall be informed of any confirmed positive results of the HIV testing. If the victim is an unemancipated minor, the minor's parents or custodian, if any, shall also be informed. The administrator of the jail or correctional facility in which the defendant is confined shall also have access to the test results.
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(L. 1990 H.B. 974, A.L. 1992 S.B. 638, A.L. 1993 H.B. 233, A.L. 1996 S.B. 858, A.L. 1999 H.B. 358)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.665 - Discrimination prohibited, exceptions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 01 Jun 1988, see footnote
191.665. Discrimination prohibited, exceptions. —
1. Provisions of chapter 213 shall apply to individuals with HIV infection, acquired immunodeficiency syndrome and acquired immunodeficiency syndrome-related complex; provided that such protection shall not include an individual who has a currently contagious disease or infection and who, by reason of such disease or infection, would constitute a direct threat to the health or safety of other individuals or who, by reason of the currently contagious disease or infection, is unable to perform the duties of their employment.
2. Subsection 1 of this section shall not be construed to mean that any action taken by the Missouri commission on human rights prior to June 1, 1988, concerning discrimination against any individual on the basis that such individual has HIV infection or is perceived to have HIV infection to be an improper exercise of authority by the commission.
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(L. 1988 H.B. 1151 & 1044 § 6)
Effective 6-1-88
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.668 - Department of health and senior services and department of elementary and secondary education to prepare education programs, contents.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 01 Jun 1988, see footnote
191.668. Department of health and senior services and department of elementary and secondary education to prepare education programs, contents. —
1. The department of health and senior services shall prepare public education and awareness plans and programs for the general public, and the department of elementary and secondary education shall prepare educational programs for public schools, regarding means of transmission and prevention and treatment of the HIV virus. The plans and programs shall include, but not be limited to:
(1) Medically correct, age specific, transmission and prevention programs for use at the discretion of the public schools beginning with students at the sixth grade level. The educational programs shall stress moral responsibility in and restraint from sexual activity and avoidance of controlled substance use whereby HIV can be transmitted;
(2) Risk reduction programs for specific populations at high risk of HIV infection;
(3) Educational programs on transmission and prevention of HIV infection in the workplace for use by employers;
(4) Personal protection procedures for use by health care providers and others in close contact with potentially infected individuals;
(5) General public information programs and circulars containing factual information that will allow the public at large to assess its risk and develop informed individual judgment and behavior. The department shall prepare for free distribution among the residents of the state printed information concerning the means of transmission of the HIV virus, the dangers from HIV infection, means of prevention, and the necessity for testing; and
(6) Develop presentations for community service and school organizations describing the medical and psychosocial aspects of HIV infection, including information on how infection is transmitted and can be prevented.
2. None of the plans, programs or printed information prepared or provided under this section shall promote behavior that is an offense in violation of chapter 566 concerning sexual offenses; is an offense involving the use of a controlled substance as defined in chapter 195; is an offense in violation of section 568.020 concerning incest; or is an offense in violation of any city, county or state law prohibiting prostitution or patronizing prostitution.
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(L. 1988 H.B. 1151 & 1044 § 7)
Effective 6-1-88
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.674 - Court-ordered HIV testing without right of refusal, department of health and senior services may seek, when — court record closed, proceeding to be in camera, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 01 Jun 1988, see footnote
191.674. Court-ordered HIV testing without right of refusal, department of health and senior services may seek, when — court record closed, proceeding to be in camera, when. —
1. The department of health and senior services may seek in its own name in a court of competent jurisdiction a court order directing an individual to undergo HIV testing without the right of refusal after reasonable efforts have been made by the department to obtain informed consent to HIV testing. The court shall grant such order whenever there are reasonable grounds to believe that an individual is infected with HIV and there is clear and convincing evidence of a serious and present health threat to others posed by the individual if infected.
2. The record of any suit filed pursuant to this section shall be closed to the public and, at the request of the individual, any hearing shall be held in camera.
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(L. 1988 H.B. 1151 & 1044 § 9)
Effective 6-1-88
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.680 - Maintaining a nuisance, abatement to be ordered, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 2002
191.680. Maintaining a nuisance, abatement to be ordered, when. —
1. Any person who shall erect, establish, continue, maintain, use, own, or lease any building, structure, or place used for the purpose of lewdness, assignation, or illegal purpose involving sexual or other contact through which transmission of HIV infection can occur is guilty of maintaining a nuisance.
2. The building, structure, or place, or the ground itself, in or upon which any such lewdness, assignation, or illegal purpose is conducted, permitted, carried on, continued, or exists, and the furniture, fixtures, musical instruments, and movable property used in conducting or maintaining such nuisance, are hereby declared to be a nuisance and shall be enjoined and abated as provided in subsection 3 of this section.
3. If the existence of a nuisance is admitted or established in an action pursuant to this section or in a criminal proceeding in any court, an order of abatement shall be entered as part of the judgment in the case. The order shall direct the effectual closing of the business for any purpose, and so keeping it closed for a period of one year.
4. The department of health and senior services, a county prosecutor, or a circuit attorney shall file suit in its own name in any court of competent jurisdiction to enforce the provisions of this section.
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(L. 1988 H.B. 1151 & 1044 § 14, A.L. 2002 S.B. 1102)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.683 - Reports to general assembly by department of health and senior services.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 01 Jun 1988, see footnote
191.683. Reports to general assembly by department of health and senior services. —
The department of health and senior services shall regularly report to the appropriate committees of both houses of the general assembly:
(1) The number of individuals with HIV infection for whom a health care plan has been developed detailing the form and impact of such health care plans in a manner that does not identify or provide identifying characteristics of an individual infected with HIV;
(2) The nature and extent to which the department has utilized judicial proceedings in a manner that does not identify or provide identifying characteristics of any individual subject to such proceedings;
(3) The form and extent of the handling of federal funds available to the department of health and senior services for disbursement;
(4) The form and extent of programs and efforts funded by state funds; and
(5) Any other information such committees shall seek.
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(L. 1988 H.B. 1151 & 1044 § 11)
Effective 6-1-88
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.686 - Anonymous testing sites in central Missouri, Kansas City, Springfield and St. Louis — reports of results, use of coded system — contact notification required, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 1999
191.686. Anonymous testing sites in central Missouri, Kansas City, Springfield and St. Louis — reports of results, use of coded system — contact notification required, when. —
1. The department of health and senior services shall designate one HIV testing site in the St. Louis area, one in the Kansas City area, one in the central Missouri area and one in the Springfield area where those persons not required to undergo HIV testing without the right of refusal may be tested anonymously.
2. All physicians, hospitals, or other persons authorized by the department of health and senior services who perform or conduct HIV sampling may refuse to perform or conduct anonymous HIV sampling for an individual and may refer such person to the designated HIV testing sites.
3. A coded system that does not link individual identity with the request or result shall be used to report the results of such testing to the department of health and senior services.
4. All designated HIV testing sites shall be required to initiate contact notification when submitting test results to individuals who request anonymous testing and who test positive for HIV infection.
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(L. 1988 H.B. 1151 & 1044 § 13, A.L. 1996 S.B. 858, A.L. 1999 H.B. 607)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.689 - Schools to be given notice of identity of child with HIV infection, when, by whom — identity of infected child may be released to whom by school.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 01 Jun 1988, see footnote
191.689. Schools to be given notice of identity of child with HIV infection, when, by whom — identity of infected child may be released to whom by school. —
1. Only after a school has adopted a policy consistent with recommendations of the Centers for Disease Control on school children who test positive for HIV shall the department of health and senior services give prompt and confidential notice of the identity of any child reported to the department to have HIV infection and the parent or guardian of any child confirmed by the department of health and senior services standards to have HIV infection shall also give prompt and confidential notice of the identity of such child to the superintendent of the school district in which the child resides, and if the child attends a nonpublic elementary or secondary school, to the chief administrative officer of such school.
2. The superintendent or chief administrative officer may disclose the identity of an infected child to those persons:
(1) Who are designated by the school district to determine the fitness of an individual to attend school; and
(2) Who have a reasonable need to know the identity of the child in order to provide proper health care.
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(L. 1988 H.B. 1151 & 1044 § 15)
Effective 6-1-88
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.692 - Premarital HIV testing, rulemaking authorized, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 01 Jun 1988, see footnote
191.692. Premarital HIV testing, rulemaking authorized, when. —
The department of health and senior services may promulgate rules providing for mandatory premarital HIV testing if the Centers for Disease Control so indicates.
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(L. 1988 H.B. 1151 & 1044 § 12)
Effective 6-1-88
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.694 - Infection control procedures — requirements and training for health care facilities and professionals.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 1992
191.694. Infection control procedures — requirements and training for health care facilities and professionals. —
1. All health care professionals and health care facilities shall adhere to universal precautions, as defined by the Centers for Disease Control of the United States Public Health Service, including the appropriate use of hand washing, protective barriers, and care in the use and disposal of needles and other sharp instruments, to minimize the risk of transmission of HIV, HBV and other blood-borne infections to patients. Health care professionals and health care facilities shall comply with current guidelines, established by the Centers for Disease Control, for disinfection and sterilization of reusable devices used in invasive procedures.
2. Health care professionals who have exudative lesions or weeping dermatitis of the hands, forearms, or other locations that may contact patients, particularly on exposed areas such as hands or forearms, shall refrain from performing all invasive procedures, and from handling patient-care equipment and devices used in performing invasive procedures until the condition resolves.
3. As a condition for renewal of a certificate of registration or authority, permit, or license, all health care facilities shall provide satisfactory evidence that periodic training in infection control procedures, including universal precautions, is provided to all personnel who perform patient care services at or from such facilities. Regulations for such training shall be promulgated by the state regulatory authorities or bodies responsible for licensing the respective health care facilities.
4. All health care professionals who perform invasive procedures shall receive training on infection control procedures relevant to HIV and related diseases, including universal precautions and prevention of percutaneous injuries, appropriate for their specialty and approved by the department of health and senior services. The department of health and senior services, in cooperation with appropriate state regulatory authorities responsible for licensing the respective health care professionals and in cooperation with professional societies, shall develop regulations for such training. The requirements set forth in this subsection shall be deemed satisfied if the health care professional completes the training provided in accordance with the provisions of subsection 3 of this section.
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(L. 1992 S.B. 511 & 556 § 191.694 subsecs. 1 to 4)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 191 - Health and Welfare › Section 191.695 - Rulemaking authority, department of health and senior services — procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 191
• Effective - 28 Aug 1995
191.695. Rulemaking authority, department of health and senior services — procedure. —
No rule or portion of a rule promulgated under the authority of sections 191.650 to 191.700 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1988 H.B. 1151 & 1044 § 17, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)