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SECOND REGULAR SESSION
HOUSE BILL NO. 2972
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE DURNELL.
6422H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 210.070 and 210.100, RSMo, and to enact in lieu thereof two new sections
relating to the administration of eye drops to newborn infants, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 210.070 and 210.100, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 210.070 and 210.100, to read as follows:
210.070. 1. Immediately after delivery of a newborn infant, a physician, midwife,
2 or nurse who shall be in attendance upon [ a ] the newborn infant or its mother [ shall ] may
3 drop into the eyes of such infant [ a prophylactic medication approved by the state department
4 of health and senior services ] erythr omycin to protect the infant fr om any infection that
5 may have been contracted during the birthing proc ess. The physician, midwife, or
6 nurse in attendance at the birth shall not administer erythr omycin eye dr ops unless
7 informed consent fr om the infant's paren t or legal guardian has been obtained and
8 documented. W ithin forty-eight hours of the administration of erythr omycin eye dr ops,
9 a written report on the administration of the eye dr ops as well as written documentation
10 of the informed consent obtained fr om the infant's par ent or legal guardian shall be
11 pr ovided to the local public health agency of the city , town, or county wher e the birth
12 occurr ed .
13 2. [ Administration of such eye drops shall not be required if a parent or legal guardian
14 of such infant objects to the treatment because it is against the religious beliefs of the parent
15 or legal guardian. ] A par ent or legal guardian may rep ort any administration of
16 erythr omycin eye dr ops without the informed consent requ ired under this section to the
17 department of health and senior services. Any physician, midwife, or nurse who
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 administers erythro mycin eye dro ps without the informed consent req uired under this
19 section shall r eceive a written warning fro m the department of health and senior
20 services for the first violation. A second violation shall res ult in a fine of five thousand
21 dollars and a one-year suspension of any profes sional health-rel ated license held by the
22 physician, midwife, or nurse by the r elevant licensing board. A third and any
23 subsequent violation shall res ult in a fine of five thousand dollars and rev ocation of any
24 such pr ofessional license by the r elevant licensing board.
25 3. Failur e or ref usal of the par ent or legal guardian of a newborn infant to
26 consent to the administration of erythro mycin eye drop s under this section shall not be
27 gr ounds to contact any state agency or department including, but not limited to, the
28 childr en's division of the department of social services. If any state agency or
29 department is contacted in violation of this subsection, the paren t or legal guardian of
30 the newborn infant may bring a civil action in cir cuit court for such relief as may be
31 appr opriate. Any such action may be br ought in the county wher e the violation
32 occurr ed. The court shall award court costs and reas onable attorney's fees incurr ed by
33 the par ent or legal guardian if the court finds that this subsection has been violated.
210.100. 1. Except as otherwise pr ovided in this section, any person violating any
2 of the provisions of sections 210.070 to 210.090 shall be deemed guilty of a misdemeanor .
3 2. Administration of erythrom ycin eye dro ps by a physician, midwife, or nurse
4 in violation of the req uirements of section 210.070 shall not be a criminal act but shall
5 subject the physician, midwife, or nurse to the penalties described in subsection 2 of
6 section 210.070.
✔
HB 2972 2