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SECOND REGULAR SESSION
HOUSE BILL NO. 2735
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WOODS.
5321H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 191, RSMo, by adding thereto one new section relating to reproductive or
sexual health application information.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 191, RSMo, is amended by adding thereto one new section, to be
2 known as section 191.753, to read as follows:
191.753. 1. For purposes of this section, the following terms mean:
2 (1) "Gender transition", the same meaning given to the term in section 191.1720;
3 (2) "Government entity", any state agency , state or local law enforcem ent
4 agency , or peace officer;
5 (3) "Health care service", the same meaning given to the term in section
6 376.1350. The term "health care service" shall also include:
7 (a) Any service involving the performance of an abortion, as defined in section
8 188.015; and
9 (b) Any service involving care in connection with a gender transition;
10 (4) "Health digital service", a mobile-based application or internet website that
11 collects rep rodu ctive or sexual health application information or any other health
12 information fr om a consumer , markets itself as facilitating rep rodu ctive or sexual health
13 services or any other health services to a consumer , and uses the information to facilitate
14 r epro ductive or sexual health services or any other health services to a consumer;
15 (5) "Peace officer", the same meaning given to the term in section 542.261;
16 (6) "Reprod uctive or sexual health application information", information about
17 a consumer's r eprod uctive health, menstrual cycle, fertility , pr egnancy , pr egnancy
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 outcome, plans to conceive, or type of sexual activity collected by a health digital service
19 including, but not limited to, information fr om which one can infer someone's
20 pr egnancy status, menstrual cycle, fertility , hormone levels, birth control usage, sexual
21 activity , or gender identity;
22 (7) "State agency", the same meaning given to the term in section 536.010.
23 2. A health digital service shall not share, sell, or use any repr oductive or sexual
24 health application information collected fro m any consumer for any purpose without
25 obtaining affirmative consent fro m the consumer for each instance of sharing, selling, or
26 using such information.
27 3. Except for the purpose of a criminal investigation as described in subsection 4
28 of this section, a government entity shall not re quir e a health digital service to release
29 any repr oductive or sexual health application information.
30 4. The pro visions of this section shall not pr ohibit the rel ease of re prod uctive or
31 sexual health application information to a government entity without the consumer's
32 affirmative consent if:
33 (1) The release of the r eprod uctive or sexual health application information is
34 for the purpose of a criminal investigation into any matter other than a matter involving
35 a violation or potential violation of chapter 188;
36 (2) The government entity is not seeking the r eprod uctive or sexual health
37 application information for the purpose of determining whether a consumer recei ved a
38 health car e service in another state;
39 (3) The government entity is not seeking the r eprod uctive or sexual health
40 application information for the purpose of determining the outcome of a preg nancy;
41 and
42 (4) The government entity is not seeking the r eprod uctive or sexual health
43 application information for the purpose of determining whether a consumer sought car e
44 in connection with a gender transition.
✔
HB 2735 2