Requires physicians to make certain disclosures to patients of benefits received from manufacturers

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Requires physicians to make certain disclosures to patients of benefits received from manufacturers

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1236 - This act requires physicians to provide to each patient at the patient's office visit a written and verbal notice of the Open Payments database operated by the Centers for Medicare and Medicaid Services pursuant to the federal Physician Payments Sunshine Act, as well as notice of any payments the physician is recorded as receiving relating to any pharmaceutical item, drug, or vaccine that the physician is recommending, including any benefits received from the manufacturer of such item, drug, or vaccine.

What This Bill Does

• The following summaries of this bill are available: Print All Summaries Introduced Print SB 1236 - This act requires physicians to provide to each patient at the patient's office visit a written and verbal notice of the Open Payments database operated by the Centers for Medicare and Medicaid Services pursuant to the federal Physician Payments Sunshine Act, as well as notice of any payments the physician is recorded as receiving relating to any pharmaceutical item, drug, or vaccine that the physician is recommending, including any benefits received from the manufacturer of such item, drug, or vaccine.
• Additionally, the physician, or physician's employer, shall post a specified written notice of the database in each location where the physician practices, as described in the act.
• A physician who fails to comply with the provisions of this act shall be subject to discipline by the State Board of Registration for the Healing Arts.
• The provisions of this act shall not apply to physicians while working in a hospital emergency department.

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Introduced

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SB 1236 - This act requires physicians to provide to each patient at the patient's office visit a written and verbal notice of the Open Payments database operated by the Centers for Medicare and Medicaid Services pursuant to the federal Physician Payments Sunshine Act, as well as notice of any payments the physician is recorded as receiving relating to any pharmaceutical item, drug, or vaccine that the physician is recommending, including any benefits received from the manufacturer of such item, drug, or vaccine.

Additionally, the physician, or physician's employer, shall post a specified written notice of the database in each location where the physician practices, as described in the act.

A physician who fails to comply with the provisions of this act shall be subject to discipline by the State Board of Registration for the Healing Arts.

The provisions of this act shall not apply to physicians while working in a hospital emergency department.
SARAH HASKINS

Current Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 1236
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
5649S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 191, RSMo, by adding thereto one new section relating to disclosure to patients
of certain physician benefits.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 191, RSMo, is amended by adding thereto 1
one new section, to be known as section 191.885, to read as 2
follows:3
191.885. 1. As used in this section, the following 1
terms mean: 2
(1) "Drug or device company", a manufacturer, 3
developer, or distributor of pharmaceutical drugs or any 4
device used in the context of the physician's practice; 5
(2) "Open Payments database", the database created to 6
allow the public to search for data provided pursuant to 42 7
U.S.C. Section 1320a-7h and that is maintained by the 8
federal Centers for Medicare and Medicaid Services. 9
2. (1) A physician shall provide to each patient at 10
the patient's office visit a written and verbal notice of 11
the Open Payments database, as well as notice of any 12
benefits the physician has recorded in the database as 13
receiving relating to any pharmaceutical item, drug, or 14
vaccine that the physician is recommending, including any 15
benefits received from the manufacturer of such item, drug, 16
or vaccine. 17
(2) The written notice shall include a signature from 18
the patient or the patient's representative and the date of 19
SB 1236 2
the signature and shall include information on how to locate 20
and access the Open Payments database. 21
(3) The physician shall include in the records for the 22
patient a record of the written notice required under this 23
section and shall give the patient or patient's 24
representative a copy of the signed and dated notice. 25
3. (1) A physician, or the physician's employer, 26
shall post in each location where the physician practices, 27
in an area that is likely to be seen by all persons who 28
enter the office, an Open Payments database notice, which 29
shall include, in easily readable font, an internet website 30
address for the Open Payments database and the following 31
statement: "For informational purposes only, a link to the 32
federal Centers for Medicare and Medicaid Services Open 33
Payments web page is provided here. The federal Physician 34
Payments Sunshine Act requires detailed information about 35
payment and other payments of value worth over ten dollars 36
($10) from manufacturers of drugs, medical devices, and 37
biologics to physicians and teaching hospitals be made 38
available to the public.". 39
(2) Beginning January 1, 2027, if an internet website 40
is used for a physician's practice, the physician, or the 41
physician's employer, shall conspicuously post the Open 42
Payments database notice described in subdivision (1) of 43
this subsection on that website. 44
4. A physician who fails to comply with the provisions 45
of this section shall be subject to discipline by the state 46
board of registration for the healing arts. 47
5. The provisions of this section shall not apply to 48
physicians while working in a hospital emergency department. 49
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