January 30, 2006

The Missouri General Assembly heard the State of the Judiciary message this week by Chief Justice Wolfe and focused primarily on committee hearings. News of interests include:

Senate Panel Mulls Over Healthcare Technology Fund Bill
A Senate committee is considering legislation to create the Health Information Technology Fund. Creation of the Fund was called for by Governor Matt Blunt in his State of the State Address. This fund would be used solely to promote technological advances to improve patient care, decrease administrative burdens, and increase patient and health care provider satisfaction. Senate Majority Leader Charlie Shields of St. Joseph, who co-sponsors the legislation, says paperwork costs time and money, and sometimes leads to serious mistakes. Doctor Shawn Griffin of St. Joseph, testifying before the panel, agrees the health care industry must get away from paper and embrace the technology. Technological programs or improvements could include such things as electronically transferable medical records, E-prescribing, telemedicine, and telemonitoring.

Helmet Law

The perennial “helmet law” SB 635 was heard in the Senate Transportation Committee.

Senate Bill 635 - this act exempts motorcyclists age 21 and older from wearing a helmet when operating a motorcycle or motortricycle. Under current law, everyone operating a motorcycle or motortricycle must wear a helmet.

This act is substantially similar to SB 12 (2005), SB 744 (2004), SB 226 (2003), SB 646 (2002), SB 18 (2001), SB 610 (2000) and SB 294 (1999).

I had MOALPHA recorded in opposition to the legislation.

House Health Committee

• House Bill 1101 would expand the employers’ ability to offer employee health insurance coverage which includes lower deductibles for nonsmokers.

This legislation was heard on Tuesday and supported by health and insurance groups.

Healthcare Technology Fund

• Senate Bills 868 and 858 would create a new state fund to support initiatives to expand the use of information technology in health care. Gov. Matt Blunt’s proposed budget includes $50 million for health technology. In its recent report, the legislative Medicaid Reform Commission also emphasized the benefits of greater investment in health information technology. A number of healthcare organizations expressed support for the bill.

• House Bill 1090 would establish a system of occupational licensure for radiation technologists. Over the past several years, MHA has worked with the sponsors to resolve various concerns and testified in support of the 2006 bill.

Nurse Licensure Compact

• Senate Bill 664 would authorize Missouri to join an interstate compact on reciprocal nurse licensure recognition among participating states. Bordering states that have joined the compact are Tennessee, Arkansas, Nebraska and Iowa.

Appropriations

Dr. Rex Archer and Bert Malone presented testimony to the House Appropriations Social Services. They stressed the need on behalf of MOALPHA for support for an increase in the core functions funding. The Administration did not cut the recommendation as they have in recent years. However, Blunt did not approve the $7.5 million increase DHSS had recommended. Please contact the Representatives of the House Appropriations Social Services Committee to support the testimony provided.

APPROPRIATIONS - HEALTH, MENTAL HEALTH
AND SOCIAL SERVICES COMMITTEE

Committee Members

• Sater, David, Chair
• Baker, Judy
• Bean, Otto
• Brooks, Sharon Sanders
• Cooper, Robert Wayne
• Curls, Melba J.
• Denison, Charles
• Donnelly, Margaret
• El-Amin, Yaphett S.
• Franz, Ward
• Lager, Brad
• Low, Beth
• Schaaf, Robert
• Stevenson, Bryan P.
• Sutherland, Mike
• Weter, Raymond 'Ray'

Senate Aging Families and Public Health Committee

Proposals this week that were heard in the Senate Health Committee included:

SB 714 - Nodler - This act provides that drugs donated under the Prescription Drug Repository Program that are not used or accepted by any pharmacies, hospitals, or nonprofit clinics may be distributed to out-of-state charitable repositories for use outside of the state. Out-of-state charitable repositories include any bona fide charitable, religious, or nonprofit organization licensed as out-of-state wholesale drug distributors or any foreign medical aid mission groups that distribute pharmaceuticals and healthcare supplies to needy persons abroad.

SB 575 - Scott - This act creates a program through which unused prescription drugs may be transferred from long term care facilities to city or county health departments for the purpose of distributing the medication to low-income residents of this state meeting certain eligibility criteria. This is a voluntary program. The DHHS gave informative testimony without endorsement. Your comments were appreciated and passed along to the bill sponsor.

SB 626 - This act creates the "Youth Smoking Prevention Trust Fund", which shall be funded by monies received under the Master Settlement Agreement. The Commission for Youth Smoking Prevention is established in the Department of Health and Senior Services and its membership and duties are outlined within the act. This act is similar to SCS/SB 152 (2005). Senator Wilson’s legislation received a hearing last year. However, it did not move past committee. Given the current climate and the cigarette tax proposal in November, I do not anticipate the bill moving this year.

Prescription Monitoring

Senate Bill 797 - Crowell - Establishes a prescription monitoring program in the Department of Health and Senior Services. The program will monitor the prescribing and dispensing of all Schedule II through Schedule V controlled substances by all licensed professionals who prescribe or dispense these substances in Missouri. The dispenser must electronically submit to the department information for each prescription. The act specifies the frequency of the submissions. The department may issue a waiver to a dispenser who is unable to submit the required information electronically. If a waiver is obtained, a dispenser may submit the required information in paper format or by other approved means. With certain listed exceptions, all submitted prescription information shall be confidential.

The act authorizes the release of non-personal, general information for statistical, educational, and research purposes. The department may contract with other state agencies or private vendors to implement the provisions of this act. The act contains penalty provisions for dispensers and authorized persons who violate provisions of the act. The department is required to implement certain education courses regarding the prescription monitoring program. The department shall, when appropriate, work with associations for impaired professionals to ensure ongoing monitoring and treatment and encourage individual patients who are addicted to substances monitored by the program to receive addiction treatment. The provisions of this act shall be effective on January 1, 2007 and sunset in six years.

Proponents: MO Sheriffs Association. Opponents: MO Osteopathic Doctors.

Legible Prescriptions

SB 835 - Engler - Requires licensed practitioners who are authorized to prescribe controlled substances to issue all written prescriptions. The prescriptions shall be legibly printed or typed, dated with the month written in textual letters, signed by the prescribing practitioner on the day issued. The prescriptions shall also contain the name of the prescribing practitioner, the name, strength, and quantity of the prescribed drug and directions for using the drug.

Missouri State Medical Association opposed this bill stating it does not clearly define legible. They also said that since there were penalty provisions some physicians could lose their license.

Prescription Drug Repository Program

SB 714 - Nodler - Provides that drugs donated under the Prescription Drug Repository Program that are not used or accepted by any pharmacies, hospitals, or nonprofit clinics may be distributed to out-of-state charitable repositories for use outside of the state. Out-of-state charitable repositories include any bona fide charitable, religious, or nonprofit organization licensed as out-of-state wholesale drug distributors or any foreign medical aid mission groups that distribute pharmaceuticals and healthcare supplies to needy persons abroad.

Board of Naturopathic Medical Examiners

SCR 23 - Coleman - Requests the establishment of a Board of Naturopathic Medical Examiners to determine the scope of practice of naturopathic physicians. Only a person who has received a doctor of naturopathy from a state accredited educational institution, primary care physicians, and those with doctor of naturopathy degrees demonstrating a quality level of care for at least twenty years may hold themselves out as naturopathic physicians.

Next Week

Appropriations hearings continue and committee work will focus on over 1200 bills newly introduced.

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