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SECOND REGULAR SESSION
HOUSE BILL NO. 2070
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PHELPS.
4398H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 191.658, RSMo, and to enact in lieu thereof two new sections relating to
infectious disease exposure notification, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 191.658, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 191.633 and 191.658, to read as follows:
191.633. 1. As used in this section, the following terms mean:
2 (1) "Exposur e", any inhalation, ingestion, or contact that may cause
3 transmission of an infectious disease;
4 (2) "First res ponder", any:
5 (a) Law enforc ement officer;
6 (b) Staff member of a jail or corr ectional center , as defined in section 217.010;
7 (c) Paid or volunteer fir efighter; or
8 (d) Emergency medical res ponder , emergency medical technician, or paramedic,
9 as those terms ar e defined in section 190.100;
10 (3) "Health care facility", any facility , as the term "facility" is defined in section
11 376.1350;
12 (4) "Health care pr ofessional", the same meaning given to the term in section
13 376.1350;
14 (5) "Health care service", the same meaning given to the term in section
15 376.1350;
16 (6) "Health care worker", any health care pr ofessional or other individual who
17 pr ovides or assists in the prov ision of health care services.
EXPLANA TION — 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.
18 2. (1) Any health care facility that becomes aware that a health car e worker or
19 law enforcem ent officer has sustained an exposur e to an infectious disease described in
20 subsection 3 of this section in the course of the worker's or officer's duties shall notify
21 the health car e worker or law enforcem ent officer of the exposure as soon as practicable
22 but no later than forty-eight hours after becoming awar e of the exposur e. The
23 notification shall identify the particular infectious disease to which the health care
24 worker or law enforcem ent officer was exposed.
25 (2) Any first res ponder who has transported an individual to a health car e
26 facility or had contact with an individual during transport of the individual to a health
27 car e facility or as a re sult of the event or cir cumstance that requi red the transport may
28 submit a request to the health car e facility for information on whether the individual
29 tests positive for any infectious disease described in subsection 3 of this section during
30 the individual's course of admission or trea tment at the health car e facility following the
31 transport. The health care facility shall pr ovide notification of any exposur e in the
32 manner r equir ed under subdivision (1) of this subsection.
33 3. Notification shall be r equir ed under subsection 2 of this section for exposur e
34 to any of the following infectious diseases:
35 (1) Anthrax (Bacillus anthracis) if classified as cutaneous;
36 (2) COVID-19 (SARS-CoV -2);
37 (3) Diphtheria (Corynebacterium diphtheriae);
38 (4) Hepatitis B (HBV);
39 (5) Hepatitis C (HCV);
40 (6) Human immunodeficiency virus (HIV);
41 (7) Measles (rubeola virus);
42 (8) Meningococcal disease (Neisseria meningitidis);
43 (9) Mumps (mumps virus);
44 (10) Novel influenza A viruses as defined by the Council of State and T erritorial
45 Epidemiologists (CSTE);
46 (1 1) Pertussis (Bordetella pertussis);
47 (12) Pneumonic plague (Y ersinia pestis);
48 (13) Rabies (rabies virus);
49 (14) Rubella, also known as German measles (rubella virus);
50 (15) Sever e acute res piratory syndrome (SARS-CoV);
51 (16) T uber culosis (Mycobacterium tubercul osis) if classified as an infectious
52 pulmonary or laryngeal disease or an extrapulmonary disease with a draining lesion;
53 (17) V accinia (vaccinia virus);
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54 (18) V aricella disease (varicella-zoster virus) if classified as chickenpox or
55 disseminated zoster; and
56 (19) V iral hemorrhagic fevers (Lassa, Marburg, Ebola, Crimean-Congo, and
57 other viruses).
58 4. The requ irem ents of this section shall be in addition to, and not in lieu of, the
59 r equir ements of sections 191.631 and 191.658.
191.658. 1. As used in this section, the following terms shall mean:
2 (1) "Disclose", to disclose, release, transfer , disseminate or otherwise communicate
3 all or any part of any record orally , in writing or by electronic means to any person or entity;
4 (2) "Health care practitioner", any licensed physician, nurse practitioner or
5 physician's assistant;
6 (3) "HIV", the human immunodeficiency virus that causes acquired
7 immunodeficiency syndrome;
8 (4) "HIV infection", the pathological state of the human body in response to HIV ;
9 (5) "Medically significant exposure", a puncture through or laceration of the skin, or
10 contact of mucous membrane or nonintact skin with blood, tissue, wound exudate or other
11 body fluids, including semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural
12 fluid, peritoneal fluid, pericardial fluid, amniotic fluid or any body fluid containing visible
13 blood, or contact of intact skin with any such body fluids when the duration of contact is
14 prolonged or involves an extensive area of skin;
15 (6) "Person", private individuals, private or public bodies politic, and corporations,
16 partnerships, trusts, and unincorporated associations and their of ficers, directors, agents or
17 employees;
18 (7) "Source individual", the person who is the source of the blood or other body fluids
19 to which medically significant exposure occurred.
20 2. A health care practitioner providing medical treatment for a health care worker or
21 law enforcement of ficer because of a medically significant exposure to blood or other body
22 fluids that occurred in the course of the worker's or of ficer's employment may request from
23 the department of health and senior services information regarding the HIV infection status of
24 the source individual. The department of health and senior services may disclose to the health
25 care practitioner the HIV infection status of the source individual if such information is on file
26 with the department.
27 3. The health care practitioner shall disclose the HIV infection status of the source
28 individual to the exposed health care worker or law enforcement of ficer if, in the professional
29 judgment of the health care practitioner , such disclosure is necessary to assure adherence to a
30 prescribed treatment regimen or is requ ired under section 191.633 .
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31 4. No person to whom information about an individual's HIV infection has been
32 disclosed pursuant to this section shall further disclose such results.
33 5. Any person who knowingly releases information in violation of this section is
34 guilty of a class A misdemeanor .
✔
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