Modifies provisions relating to the human immunodeficiency virus

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1298
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR LEWIS.
4587S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 191.226, 191.653, 191.656, 191.657, 191.658, 191.659, 191.662, 191.663,
191.671, 191.674, 191.680, 191.683, 191.689, 191.692, 191.694, 191.695, 191.699,
191.700, 191.703, 338.010, 338.730, 375.1300, 442.600, 545.940, 567.020, 567.120,
and 595.226, RSMo, and to enact in lieu thereof thirteen new sections relating to the
human immunodeficiency virus, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 191.226, 191.653, 191.656, 191.657, 1
191.658, 191.659, 191.662, 191.663, 191.671, 191.674, 191.680, 2
191.683, 191.689, 191.692, 191.694, 191.695, 191.699, 191.700, 3
191.703, 338.010, 338.730, 375.1300, 442.600, 545.940, 567.020, 4
567.120, and 595.226, RSMo, are repealed and thirteen new 5
sections enacted in lieu thereof, to be known as sections 6
191.226, 191.663, 191.694, 191.695, 191.699, 191.700, 191.703, 7
338.010, 338.730, 375.1300, 442.600, 567.020, and 595.226, to 8
read as follows:9
191.226. The department of health and senior services 1
shall pay for the cost of conducting [HIV] testing for 2
sexually transmitted infections or diseases for a victim of 3
the crime of rape as defined in section 556.030, or of the 4
crime of sodomy as defined in section 566.060, or of the 5
crime of incest as defined in section 568.020[, if a person 6
who is convicted of such crime is determined to be infected 7
with HIV based upon HIV testing conducted upon delivery of 8
SB 1298 2
the person to the department of corrections pursuant to 9
section 191.659. Such testing shall be limited to not more 10
than two enzyme-linked immunosorbent assay (ELISA) tests per 11
year and such cost of such tests shall not be paid by the 12
department of health and senior services for more than five 13
years after the date the crime was committed. HIV 14
testing]. Such testing shall be limited to two rounds of 15
testing and shall follow the best medical guidance for each 16
infection or disease being screened. Testing conducted 17
pursuant to this section shall be performed by the public 18
health laboratory of the department of health and senior 19
services. 20
191.663. 1. As used in this section [and section 1
191.659], the term ["HIV testing" means serological test or 2
other test upon a biological specimen to determine the 3
presence of the human immunodeficiency virus that causes 4
acquired immunodeficiency syndrome or its antibodies in the 5
specimen] "testing" means the current medically recommended 6
set of tests to screen for sexually transmitted infections 7
or diseases. 8
2. Any person who is convicted or who pleads guilty or 9
nolo contendere to any sexual offense defined in chapter 566 10
or any juvenile who is adjudicated pursuant to subsection 3 11
of section 211.181 for an offense which would have been a 12
sexual offense defined in chapter 566 if committed by an 13
adult, which includes, in accordance with subsection (f) of 14
42 U.S.C. 3756, a sexual act as defined in subparagraphs (A) 15
and (B) of paragraph (2) of 18 U.S.C. 2245 as an element of 16
the offense, shall be ordered by the court to undergo [HIV] 17
testing prior to incarceration without the right of refusal. 18
3. Costs of such [HIV] testing shall be taxed to the 19
defendant as costs in the criminal proceeding unless 20
SB 1298 3
otherwise prohibited by law. Such testing costs may be 21
retained by the court from the bond filed by the defendant 22
pursuant to subsection 4 of this section. Costs of such 23
[HIV] testing for juveniles [may be collected as provided 24
for in section 211.281] shall be paid for by the county in 25
which the offense occurred. 26
4. Any defendant charged in a court of general 27
jurisdiction with a sexual offense defined in chapter 566 28
which includes, in accordance with subsection (f) of 42 29
U.S.C. 3756, a sexual act as defined in subparagraphs (A) 30
and (B) of paragraph (2) of 18 U.S.C. 2245 as an element of 31
the crime, shall be required to post a minimum bond amount 32
for his or her release prior to trial. The minimum bond 33
amount shall be sufficient to cover the cost of any post- 34
trial [HIV] testing ordered by the court. 35
5. Notwithstanding any provision of [section 191.656, 36
or any other] law to the contrary, the victim of any crime 37
defined in chapter 566 which includes, in accordance with 38
subsection (f) of 42 U.S.C. 3756, a sexual act as defined in 39
subparagraphs (A) and (B) of paragraph (2) of 18 U.S.C. 2245 40
as an element, shall have a right to access to the results 41
of any [HIV] testing performed pursuant to the provisions of 42
this section, and the victim shall be informed of any 43
confirmed positive results of the [HIV] testing. If the 44
victim is an unemancipated minor, the minor's parents or 45
custodian, if any, shall also be informed. The 46
administrator of the jail or correctional facility in which 47
the defendant is confined shall also have access to the test 48
results. 49
191.694. 1. All health care professionals and health 1
care facilities shall adhere to universal precautions, as 2
defined by the Centers for Disease Control of the United 3
SB 1298 4
States Public Health Service, including the appropriate use 4
of hand washing, protective barriers, and care in the use 5
and disposal of needles and other sharp instruments, to 6
minimize the risk of transmission of [HIV, HBV and other 7
blood-borne infections] serious infectious or communicable 8
disease to patients. Health care professionals and health 9
care facilities shall comply with current guidelines, 10
established by the Centers for Disease Control, for 11
disinfection and sterilization of reusable devices used in 12
invasive procedures. 13
2. Health care professionals who have exudative 14
lesions or weeping dermatitis of the hands, forearms, or 15
other locations that may contact patients, particularly on 16
exposed areas such as hands or forearms, shall refrain from 17
performing all invasive procedures, and from handling 18
patient-care equipment and devices used in performing 19
invasive procedures until the condition resolves. 20
3. As a condition for renewal of a certificate of 21
registration or authority, permit, or license, all health 22
care facilities shall provide satisfactory evidence that 23
periodic training in infection control procedures, including 24
universal precautions, is provided to all personnel who 25
perform patient care services at or from such facilities. 26
Regulations for such training shall be promulgated by the 27
state regulatory authorities or bodies responsible for 28
licensing the respective health care facilities. 29
4. All health care professionals who perform invasive 30
procedures shall receive training on infection control 31
procedures relevant to [HIV and related] serious infectious 32
or communicable diseases, including universal precautions 33
and prevention of percutaneous injuries, appropriate for 34
their specialty and approved by the department of health and 35
SB 1298 5
senior services. The department of health and senior 36
services, in cooperation with appropriate state regulatory 37
authorities responsible for licensing the respective health 38
care professionals and in cooperation with professional 39
societies, shall develop regulations for such training. The 40
requirements set forth in this subsection shall be deemed 41
satisfied if the health care professional completes the 42
training provided in accordance with the provisions of 43
subsection 3 of this section. 44
191.695. No rule or portion of a rule promulgated 1
under the authority of sections 191.650 to [191.700] 191.703 2
shall become effective unless it has been promulgated 3
pursuant to the provisions of section 536.024. 4
191.699. Any health care professional who, after 1
disclosure has been made by a patient of [HIV infection] a 2
serious infectious or communicable disease, discriminates 3
against the patient on the basis of that [HIV infection] 4
serious infectious or communicable disease or who, prior to 5
such disclosure, makes [HIV] testing for serious infectious 6
or communicable disease a condition of treatment shall be 7
subject to administrative disciplinary action for violation 8
of a professional trust or confidence or the commission of 9
an act of unprofessional conduct as those terms are used in 10
sections 330.160, 332.321, 334.100, and 335.066. 11
191.700. 1. [The current assessment by the Centers 1
for Disease Control of the risk that infected health care 2
professionals will transmit HIV or HBV to patients during 3
invasive procedures does not justify mandatory testing to 4
detect infection with those viruses. Health care 5
professionals who perform invasive procedures are advised, 6
however, to know their HIV antibody status and their 7
hepatitis B antigen status. 8
SB 1298 6
2.] (1) The department of health and senior services 9
shall establish and oversee a voluntary evaluation process 10
for health care professionals infected with [HIV or HBV] a 11
serious infectious or communicable disease who perform 12
invasive procedures. This evaluation process may be 13
accessed directly by an infected health care professional, 14
or by the director of a health care facility with the 15
consent of the infected health care professional and after 16
consultation with his private physician. 17
(2) The confidential and individualized evaluation 18
shall be conducted by an expert review panel appointed by 19
the department of health and senior services. Each panel 20
shall include at least such individuals as: 21
(a) The health care professional's private physician; 22
(b) An infectious disease specialist with expertise in 23
the epidemiology of [HIV and HBV] serious infectious or 24
communicable disease transmission who is not involved in the 25
care of the health care professional; 26
(c) A health care professional with expertise in the 27
procedures performed by the infected health care 28
professional; and 29
(d) A state or local public health official. 30
(3) The department of health and senior services, in 31
cooperation with appropriate state regulatory authorities or 32
bodies responsible for licensing the respective health care 33
professionals and with professional societies, shall develop 34
uniform evaluation criteria which shall be used in 35
determining whether, and under what circumstances, any 36
restrictions or limitations should be placed on an 37
individual health care professional's medical practice. 38
These criteria shall, consistent with guidelines from the 39
SB 1298 7
Centers for Disease Control, include at least the following 40
inquiries: 41
(a) Whether the health care professional performs 42
procedures in which injury could result in that individual's 43
blood contamination of a patient's body cavity, subcutaneous 44
tissues, or mucous membranes; 45
(b) The nature of the invasive procedures performed by 46
the health care professional and the techniques used, skill 47
and experience, and compliance with infection control 48
practices demonstrated by that individual; and 49
(c) Whether the presence of physical or mental 50
impairments may interfere with the health care 51
professional's ability to perform such invasive procedures 52
safely. 53
(4) (a) The individualized evaluation and the 54
recommendations of the panel shall be based on the premise 55
that [HIV or HBV infection] a serious infectious or 56
communicable disease alone does not justify limiting the 57
health care professional's duties. 58
(b) The panel may determine which procedures the 59
health care professional may or may not perform, or perform 60
with modifications. If the panel is uncertain about whether 61
a procedure may pose some risk of [HIV or HBV] serious 62
infectious or communicable disease transmission, it may 63
recommend that such procedures be performed only after the 64
patients have been informed of the health care 65
professional's infection status. 66
(5) (a) Information obtained during the evaluation 67
process shall be confidential and shall not be disclosed 68
except to health care facilities where the health care 69
professional provides patient care. The department of 70
health and senior services may only notify or disclose to 71
SB 1298 8
such facilities the practice restrictions and limitations 72
imposed on the health care professional. Such restrictions 73
and limitations shall be disclosed only to those employed by 74
such health care facilities who have a reasonable need to 75
know the information. 76
(b) Practice restrictions or limitations recommended 77
by the department of health and senior services shall be 78
monitored by the health care facilities in which the 79
infected health care professional is employed. If practice 80
restrictions or limitations are placed on community based 81
health care professionals, periodic monitoring to ensure 82
compliance shall be performed by the department of health 83
and senior services. 84
(c) Health care professionals whose practices are 85
restricted or limited because of their [HIV or HBV] serious 86
infectious or communicable disease infection status shall, 87
whenever possible, be provided opportunities to continue 88
appropriate patient care activities. 89
(d) Health care facilities regulated under sections 90
197.010 to 197.120 may maintain or establish peer review 91
panels that operate under the regulations developed by the 92
department of health and senior services and the 93
recommendations of the Centers for Disease Control of the 94
United States Public Health Service. 95
(e) Any violation of practice restrictions or 96
limitations by a health care professional shall constitute 97
either an act violative of professional trust and 98
confidence, or failure or refusal to properly guard against 99
contagious infections or communicable diseases or the spread 100
thereof, or both, as these terms are used in sections 101
330.160, 332.321, 334.100, and 335.066. Complaints of 102
possible violations of practice restrictions or limitations 103
SB 1298 9
may be made to the appropriate state board, as provided 104
under chapter 330, chapter 332, chapter 334, or chapter 335. 105
[3.] 2. The department of health and senior services 106
shall, from time to time, review established standards for 107
preventing the transmission of [HIV or HBV] serious 108
infectious or communicable diseases from health care 109
professionals to patients and, consistent with current 110
medical knowledge and revised or updated guidelines from the 111
Centers for Disease Control, modify existing standards and 112
require additional minimum standards, as appropriate. 113
[4.] 3. Notwithstanding the provisions of sections 114
191.650 to 191.698, the department of health and senior 115
services may exercise the general authority and power under 116
section 192.020 to intervene in instances where there is 117
reason to believe that a health care professional is 118
practicing in a manner that creates a grave and 119
unjustifiable risk of injury to others. 120
191.703. A licensed health care facility that treats a 1
patient having [HIV or HBV infection] a serious infectious 2
or communicable disease or any other reportable infectious 3
or contagious disease as defined by the department of health 4
and senior services shall notify the funeral establishment 5
personnel, coroner or medical examiner involved of such 6
disease prior to the removal of the patient, when deceased, 7
from the licensed health care facility. Notification shall 8
be conducted in a manner that protects the confidentiality 9
of the deceased patient. 10
338.010. 1. The "practice of pharmacy" includes: 1
(1) The interpretation, implementation, and evaluation 2
of medical prescription orders, including any legend drugs 3
under 21 U.S.C. Section 353, and the receipt, transmission, 4
SB 1298 10
or handling of such orders or facilitating the dispensing of 5
such orders; 6
(2) The designing, initiating, implementing, and 7
monitoring of a medication therapeutic plan in accordance 8
with the provisions of this section; 9
(3) The compounding, dispensing, labeling, and 10
administration of drugs and devices pursuant to medical 11
prescription orders; 12
(4) The ordering and administration of vaccines 13
approved or authorized by the U.S. Food and Drug 14
Administration, excluding vaccines for cholera, monkeypox, 15
Japanese encephalitis, typhoid, rabies, yellow fever, tick- 16
borne encephalitis, anthrax, tuberculosis, dengue, Hib, 17
polio, rotavirus, smallpox, and any vaccine approved after 18
January 1, 2023, to persons at least seven years of age or 19
the age recommended by the Centers for Disease Control and 20
Prevention, whichever is older, pursuant to joint 21
promulgation of rules established by the board of pharmacy 22
and the state board of registration for the healing arts 23
unless rules are established under a state of emergency as 24
described in section 44.100; 25
(5) The participation in drug selection according to 26
state law and participation in drug utilization reviews; 27
(6) The proper and safe storage of drugs and devices 28
and the maintenance of proper records thereof; 29
(7) Consultation with patients and other health care 30
practitioners, and veterinarians and their clients about 31
legend drugs, about the safe and effective use of drugs and 32
devices; 33
(8) The prescribing and dispensing of any nicotine 34
replacement therapy product under section 338.665; 35
SB 1298 11
(9) The dispensing of HIV preexposure and postexposure 36
prophylaxis pursuant to section 338.730; and 37
(10) The offering or performing of those acts, 38
services, operations, or transactions necessary in the 39
conduct, operation, management and control of a pharmacy. 40
2. No person shall engage in the practice of pharmacy 41
unless he or she is licensed under the provisions of this 42
chapter. 43
3. This chapter shall not be construed to prohibit the 44
use of auxiliary personnel under the direct supervision of a 45
pharmacist from assisting the pharmacist in any of his or 46
her duties. This assistance in no way is intended to 47
relieve the pharmacist from his or her responsibilities for 48
compliance with this chapter and he or she will be 49
responsible for the actions of the auxiliary personnel 50
acting in his or her assistance. 51
4. This chapter shall not be construed to prohibit or 52
interfere with any legally registered practitioner of 53
medicine, dentistry, or podiatry, or veterinary medicine 54
only for use in animals, or the practice of optometry in 55
accordance with and as provided in sections 195.070 and 56
336.220 in the compounding, administering, prescribing, or 57
dispensing of his or her own prescriptions. 58
5. A pharmacist with a certificate of medication 59
therapeutic plan authority may provide medication therapy 60
services pursuant to a written protocol from a physician 61
licensed under chapter 334 to patients who have established 62
a physician-patient relationship, as described in 63
subdivision (1) of subsection 1 of section 191.1146, with 64
the protocol physician. The written protocol authorized by 65
this section shall come only from the physician and shall 66
not come from a nurse engaged in a collaborative practice 67
SB 1298 12
arrangement under section 334.104, or from a physician 68
assistant engaged in a collaborative practice arrangement 69
under section 334.735. 70
6. Nothing in this section shall be construed as to 71
prevent any person, firm or corporation from owning a 72
pharmacy regulated by sections 338.210 to 338.315, provided 73
that a licensed pharmacist is in charge of such pharmacy. 74
7. Nothing in this section shall be construed to apply 75
to or interfere with the sale of nonprescription drugs and 76
the ordinary household remedies and such drugs or medicines 77
as are normally sold by those engaged in the sale of general 78
merchandise. 79
8. No health carrier as defined in chapter 376 shall 80
require any physician with which they contract to enter into 81
a written protocol with a pharmacist for medication 82
therapeutic services. 83
9. This section shall not be construed to allow a 84
pharmacist to diagnose or independently prescribe 85
pharmaceuticals. 86
10. The state board of registration for the healing 87
arts, under section 334.125, and the state board of 88
pharmacy, under section 338.140, shall jointly promulgate 89
rules regulating the use of protocols for medication therapy 90
services. Such rules shall require protocols to include 91
provisions allowing for timely communication between the 92
pharmacist and the protocol physician or similar body 93
authorized by this section, and any other patient protection 94
provisions deemed appropriate by both boards. In order to 95
take effect, such rules shall be approved by a majority vote 96
of a quorum of each board. Neither board shall separately 97
promulgate rules regulating the use of protocols for 98
medication therapy services. Any rule or portion of a rule, 99
SB 1298 13
as that term is defined in section 536.010, that is created 100
under the authority delegated in this section shall become 101
effective only if it complies with and is subject to all of 102
the provisions of chapter 536 and, if applicable, section 103
536.028. This section and chapter 536 are nonseverable and 104
if any of the powers vested with the general assembly 105
pursuant to chapter 536 to review, to delay the effective 106
date, or to disapprove and annul a rule are subsequently 107
held unconstitutional, then the grant of rulemaking 108
authority and any rule proposed or adopted after August 28, 109
2007, shall be invalid and void. 110
11. The state board of pharmacy may grant a 111
certificate of medication therapeutic plan authority to a 112
licensed pharmacist who submits proof of successful 113
completion of a board-approved course of academic clinical 114
study beyond a bachelor of science in pharmacy, including 115
but not limited to clinical assessment skills, from a 116
nationally accredited college or university, or a 117
certification of equivalence issued by a nationally 118
recognized professional organization and approved by the 119
board of pharmacy. 120
12. Any pharmacist who has received a certificate of 121
medication therapeutic plan authority may engage in the 122
designing, initiating, implementing, and monitoring of a 123
medication therapeutic plan as defined by a written protocol 124
from a physician that may be specific to each patient for 125
care by a pharmacist. 126
13. Nothing in this section shall be construed to 127
allow a pharmacist to make a therapeutic substitution of a 128
pharmaceutical prescribed by a physician unless authorized 129
by the written protocol or the physician's prescription 130
order. 131
SB 1298 14
14. "Veterinarian", "doctor of veterinary medicine", 132
"practitioner of veterinary medicine", "DVM", "VMD", "BVSe", 133
"BVMS", "BSe (Vet Science)", "VMB", "MRCVS", or an 134
equivalent title means a person who has received a doctor's 135
degree in veterinary medicine from an accredited school of 136
veterinary medicine or holds an Educational Commission for 137
Foreign Veterinary Graduates (EDFVG) certificate issued by 138
the American Veterinary Medical Association (AVMA). 139
15. In addition to other requirements established by 140
the joint promulgation of rules by the board of pharmacy and 141
the state board of registration for the healing arts: 142
(1) A pharmacist shall administer vaccines by protocol 143
in accordance with treatment guidelines established by the 144
Centers for Disease Control and Prevention (CDC); 145
(2) A pharmacist who is administering a vaccine shall 146
request a patient to remain in the pharmacy a safe amount of 147
time after administering the vaccine to observe any adverse 148
reactions. Such pharmacist shall have adopted emergency 149
treatment protocols. 150
16. In addition to other requirements by the board, a 151
pharmacist shall receive additional training as required by 152
the board and evidenced by receiving a certificate from the 153
board upon completion, and shall display the certification 154
in his or her pharmacy where vaccines are delivered. 155
17. A pharmacist shall inform the patient that the 156
administration of a vaccine will be entered into the 157
ShowMeVax system, as administered by the department of 158
health and senior services. The patient shall attest to the 159
inclusion of such information in the system by signing a 160
form provided by the pharmacist. If the patient indicates 161
that he or she does not want such information entered into 162
the ShowMeVax system, the pharmacist shall provide a written 163
SB 1298 15
report within fourteen days of administration of a vaccine 164
to the patient's health care provider, if provided by the 165
patient, containing: 166
(1) The identity of the patient; 167
(2) The identity of the vaccine or vaccines 168
administered; 169
(3) The route of administration; 170
(4) The anatomic site of the administration; 171
(5) The dose administered; and 172
(6) The date of administration. 173
18. A pharmacist licensed under this chapter may order 174
and administer vaccines approved or authorized by the U.S. 175
Food and Drug Administration to address a public health 176
need, as lawfully authorized by the state or federal 177
government, or a department or agency thereof, during a 178
state or federally declared public health emergency. 179
338.730. 1. Notwithstanding any other law to the 1
contrary, a pharmacist may dispense HIV preexposure and 2
postexposure prophylaxis in accordance with this section. 3
Such prophylaxis shall be dispensed only if the pharmacist 4
follows a written protocol authorized by a licensed 5
physician. 6
2. For purposes of this section, "preexposure and 7
postexposure prophylaxis" shall mean any drug approved by 8
the Food and Drug Administration that meets the same 9
clinical eligibility recommendations provided in CDC 10
guidelines for either preexposure prophylaxis or 11
postexposure prophylaxis. 12
3. For purposes of this section, "CDC guidelines" 13
shall mean the current HIV guidelines published by the 14
federal Centers for Disease Control and Prevention. 15
SB 1298 16
4. The state board of registration for the healing 16
arts and the state board of pharmacy shall jointly 17
promulgate rules and regulations for the administration of 18
this section. Neither board shall separately promulgate 19
rules governing a pharmacist's authority to dispense HIV 20
preexposure and postexposure prophylaxis under this section. 21
5. Any rule or portion of a rule, as that term is 22
defined in section 536.010, that is created under the 23
authority delegated in this section shall become effective 24
only if it complies with and is subject to all of the 25
provisions of chapter 536 and, if applicable, section 26
536.028. This section and chapter 536 are nonseverable and 27
if any of the powers vested with the general assembly 28
pursuant to chapter 536 to review, to delay the effective 29
date, or to disapprove and annul a rule are subsequently 30
held unconstitutional, then the grant of rulemaking 31
authority and any rule proposed or adopted after August 28, 32
2021, shall be invalid and void. 33
375.1300. When used in sections 375.1300 to 375.1312, 1
the following terms mean: 2
(1) "Consultant", an individual, partnership or 3
corporation who, for a fee, holds himself or itself out to 4
the public as engaged in the business of offering any 5
advice, counsel, opinion or service with respect to the 6
benefits, advantages or disadvantages promised under any 7
policy of insurance that could be issued in this state; 8
(2) "Director", the director of the department of 9
commerce and insurance of this state; 10
(3) "Genetic information", the results of a genetic 11
test. Genetic information shall not include family history, 12
the results of routine physical measurements, or the results 13
of chemical, blood, urine analysis, or the results of tests 14
SB 1298 17
for drugs or the presence of the human immunodeficiency 15
virus, or from results of any other tests commonly accepted 16
in clinical practice at the time; 17
(4) "Genetic test", a laboratory test of human 18
deoxyribonucleic acid (DNA) or ribonucleic acid (RNA) used 19
to identify the presence or absence of inherited alterations 20
in the DNA or RNA which cause predisposition to disease or 21
illness. The term does not include routine physical 22
measurements and examinations, routine tests performed as a 23
part of a physical examination, chemical, blood or urine 24
analysis, cholesterol tests, tests for the presence of [the 25
human immunodeficiency virus] infection or disease, a test 26
for drugs, or tests commonly accepted in clinical practice 27
at the time; 28
(5) "Insurer", any person, reciprocal exchange, 29
interinsurer, Lloyds insurer, fraternal benefit society, and 30
any other legal entity engaged in the business of insurance, 31
including agents, brokers, adjusters and third-party 32
administrators. "Insurer" also includes health services 33
corporations, health maintenance organizations, prepaid 34
limited health care service plans, dental, optometry and 35
other similar health service plans. For purposes of 36
sections 375.930 to 375.948, such entities shall be deemed 37
to be engaged in the business of insurance. "Insurer" shall 38
also include all companies organized, incorporated or doing 39
business pursuant to the provisions of chapters 325, 375, 40
376, 377, 378, 379, 381 and 383; 41
(6) "Person", any natural or artificial entity, 42
including, but not limited to, individuals, partnerships, 43
associations, trusts or corporations; 44
(7) "Policy", "certificate" or "contract" includes any 45
contract of insurance, indemnity, medical, health or 46
SB 1298 18
hospital service, suretyship, or annuity issued, proposed 47
for issuance, or intended for issuance by any insurer. 48
442.600. 1. The fact that a parcel of real property, 1
or any building or structure thereon, may be a 2
psychologically impacted real property, or may be in close 3
proximity to a psychologically impacted real property shall 4
not be a material or substantial fact that is required to be 5
disclosed in a sale, exchange or other transfer of real 6
estate. 7
2. "Psychologically impacted real property" is defined 8
to include: 9
(1) Real property in which an occupant is, or was at 10
any time, infected [with human immunodeficiency virus] or 11
diagnosed with [acquired immune deficiency syndrome, or 12
with] any [other] disease which has been determined by 13
medical evidence to be highly unlikely to be transmitted 14
through the occupancy of a dwelling place; or 15
(2) Real property which was the site of a homicide or 16
other felony, or of a suicide. 17
3. No cause of action shall arise nor may any action 18
be brought against any real estate agent or broker for the 19
failure to disclose to a buyer or other transferee of real 20
estate that the transferred real property was a 21
psychologically impacted real property. 22
567.020. 1. A person commits the offense of 1
prostitution if he or she engages in or offers or agrees to 2
engage in sexual conduct with another person in return for 3
something of value to be received by any person. 4
2. The offense of prostitution is a class B 5
misdemeanor [unless the person knew prior to performing the 6
act of prostitution that he or she was infected with HIV in 7
SB 1298 19
which case prostitution is a class B felony. The use of 8
condoms is not a defense to this offense]. 9
3. [As used in this section, "HIV" means the human 10
immunodeficiency virus that causes acquired immunodeficiency 11
syndrome. 12
4.] The judge may order a drug and alcohol abuse 13
treatment program for any person found guilty of 14
prostitution, either after trial or upon a plea of guilty, 15
before sentencing. [For the class B misdemeanor offense,] 16
Upon the successful completion of such program by the 17
defendant, the court may at its discretion allow the 18
defendant to withdraw the plea of guilty or reverse the 19
verdict and enter a judgment of not guilty. [For the class 20
B felony offense, the court shall not allow the defendant to 21
withdraw the plea of guilty or reverse the verdict and enter 22
a judgment of not guilty. The judge, however, has 23
discretion to take into consideration successful completion 24
of a drug or alcohol treatment program in determining the 25
defendant's sentence. 26
5.] 4. A person shall not be certified as an adult or 27
adjudicated as a delinquent for the offense of prostitution 28
under this section if the person was under the age of 29
eighteen at the time the offense occurred. In such cases 30
where the person was under the age of eighteen, the person 31
shall be classified as a victim of abuse, as defined under 32
section 210.110, and such abuse shall be reported 33
immediately to the children's division, as required under 34
section 210.115 and to the juvenile officer for appropriate 35
services, treatment, investigation, and other proceedings as 36
provided under chapters 207, 210, and 211. Upon request, 37
the local law enforcement agency and the prosecuting 38
SB 1298 20
attorney shall assist the children's division and the 39
juvenile officer in conducting the investigation. 40
595.226. 1. After August 28, 2007, any information 1
contained in any court record, whether written or published 2
on the internet, including any visual or aural recordings 3
that could be used to identify or locate any victim of an 4
offense under chapter 566 or a victim of domestic assault or 5
stalking shall be closed and redacted from such record prior 6
to disclosure to the public. Identifying information shall 7
include, but shall not be limited to, the name, home or 8
temporary address, personal email address, telephone number, 9
Social Security number, birth date, place of employment, any 10
health information, [including human immunodeficiency virus 11
(HIV) status,] any information from a forensic testing 12
report, or physical characteristics, including an 13
unobstructed visual image of the victim's face or body. 14
2. Any person who is requesting identifying 15
information of a victim and who has a legitimate interest in 16
obtaining such information may petition the court for an in 17
camera inspection of the records. If the court determines 18
the person is entitled to all or any part of such records, 19
the court may order production and disclosure of the 20
records, but only if the court determines that the 21
disclosure to the person or entity would not compromise the 22
welfare or safety of the victim, and only after providing 23
reasonable notice to the victim and after allowing the 24
victim the right to respond to such request. 25
3. Notwithstanding the provisions of subsection 1 of 26
this section, the judge presiding over a case under chapter 27
566 or a case of domestic assault or stalking shall have the 28
discretion to publicly disclose identifying information 29
regarding the defendant which could be used to identify or 30
SB 1298 21
locate the victim of the crime. The victim may provide a 31
statement to the court regarding whether he or she desires 32
such information to remain closed. When making the decision 33
to disclose such information, the judge shall consider the 34
welfare and safety of the victim and any statement to the 35
court received from the victim regarding the disclosure. 36
[191.653. 1. No person shall perform or 1
conduct HIV testing except physicians, 2
hospitals, and those persons authorized by the 3
department of health and senior services. No 4
person shall be authorized by the department of 5
health and senior services to perform or conduct 6
HIV testing unless such person provides suitable 7
verification to the department that such testing 8
shall be performed in accordance with 9
departmental regulations governing the types of 10
tests performed and the manner in which they are 11
administered. The department may monitor the 12
continued compliance of such persons with 13
departmental regulations. Hospitals licensed 14
pursuant to chapter 197 shall be deemed to be in 15
compliance with departmental regulations 16
governing HIV testing. 17
2. All HIV testing shall be performed in 18
accordance with the department rules governing 19
HIV testing procedures. 20
3. Except as provided in sections 191.671 21
and 191.686, all physicians, hospitals, or other 22
persons authorized by the department of health 23
and senior services who perform or conduct HIV 24
sampling shall provide consultation with the 25
subject prior to taking the specimen and during 26
the reporting of the test results and shall 27
report to the department of health and senior 28
services the identity of any individual 29
confirmed to be infected with HIV.] 30
[191.656. 1. (1) All information known 1
to, and records containing any information held 2
or maintained by, any person, or by any agency, 3
department, or political subdivision of the 4
state concerning an individual's HIV infection 5
SB 1298 22
status or the results of any individual's HIV 6
testing shall be strictly confidential and shall 7
not be disclosed except to: 8
(a) Public employees within the agency, 9
department, or political subdivision who need to 10
know to perform their public duties; 11
(b) Public employees of other agencies, 12
departments, or political subdivisions who need 13
to know to perform their public duties; 14
(c) Peace officers, as defined in section 15
590.100, the attorney general or any assistant 16
attorneys general acting on his or her behalf, 17
as defined in chapter 27, and prosecuting 18
attorneys or circuit attorneys as defined in 19
chapter 56 and pursuant to section 191.657; 20
(d) Prosecuting attorneys or circuit 21
attorneys as defined in chapter 56 to prosecute 22
cases pursuant to section 191.677 or 567.020. 23
Prosecuting attorneys or circuit attorneys may 24
obtain from the department of health and senior 25
services the contact information and test 26
results of individuals with whom the HIV- 27
infected individual has had sexual intercourse 28
or deviate sexual intercourse. Any prosecuting 29
attorney or circuit attorney who receives 30
information from the department of health and 31
senior services pursuant to the provisions of 32
this section shall use such information only for 33
investigative and prosecutorial purposes and 34
such information shall be considered strictly 35
confidential and shall only be released as 36
authorized by this section; 37
(e)Persons other than public employees who 38
are entrusted with the regular care of those 39
under the care and custody of a state agency, 40
including but not limited to operators of day 41
care facilities, group homes, residential care 42
facilities and adoptive or foster parents; 43
(f) As authorized by subsection 2 of this 44
section; 45
(g) Victims of any sexual offense defined 46
in chapter 566, which includes sexual 47
intercourse or deviate sexual intercourse, as an 48
element of the crime or to a victim of a section 49
SB 1298 23
545.940 offense, in which the court, for good 50
cause shown, orders the defendant to be tested 51
for HIV, hepatitis B, hepatitis C, syphilis, 52
gonorrhea, or chlamydia, once the charge is 53
filed. Prosecuting attorneys or circuit 54
attorneys, or the department of health and 55
senior services may release information to such 56
victims; 57
(h) Any individual who has tested positive 58
or false positive to HIV, hepatitis B, hepatitis 59
C, syphilis, gonorrhea, or chlamydia, may 60
request copies of any and all test results 61
relating to said infections. 62
(2) Further disclosure by public employees 63
shall be governed by subsections 2 and 3 of this 64
section; 65
(3) Disclosure by a public employee or any 66
other person in violation of this section may be 67
subject to civil actions brought under 68
subsection 6 of this section, unless otherwise 69
required by chapter 330, 332, 334, or 335, 70
pursuant to discipline taken by a state 71
licensing board. 72
2. (1) Unless the person acted in bad 73
faith or with conscious disregard, no person 74
shall be liable for violating any duty or right 75
of confidentiality established by law for 76
disclosing the results of an individual's HIV 77
testing: 78
(a) To the department of health and senior 79
services; 80
(b) To health care personnel working 81
directly with the infected individual who have a 82
reasonable need to know the results for the 83
purpose of providing direct patient health care; 84
(c) Pursuant to the written authorization 85
of the subject of the test result or results; 86
(d) To the spouse of the subject of the 87
test result or results; 88
(e) To the subject of the test result or 89
results; 90
(f) To the parent or legal guardian or 91
custodian of the subject of the testing, if he 92
is an unemancipated minor; 93
SB 1298 24
(g) To the victim of any sexual offense 94
defined in chapter 566, which includes sexual 95
intercourse or deviate sexual intercourse, as an 96
element of the crime or to a victim of a section 97
545.940 offense, in which the court, for good 98
cause shown, orders the defendant to be tested 99
for HIV, hepatitis B, hepatitis C, syphilis, 100
gonorrhea, or chlamydia, once the charge is 101
filed; 102
(h) To employees of a state licensing 103
board in the execution of their duties under 104
chapter 330, 332, 334, or 335 pursuant to 105
discipline taken by a state licensing board; 106
The department of health and senior services and 107
its employees shall not be held liable for 108
disclosing an HIV-infected person's HIV status 109
to individuals with whom that person had sexual 110
intercourse or deviate sexual intercourse; 111
(2) Paragraphs (b) and (d) of subdivision 112
(1) of this subsection shall not be construed in 113
any court to impose any duty on a person to 114
disclose the results of an individual's HIV 115
testing to a spouse or health care professional 116
or other potentially exposed person, parent or 117
guardian; 118
(3) No person to whom the results of an 119
individual's HIV testing has been disclosed 120
pursuant to paragraphs (b) and (c) of 121
subdivision (1) of this subsection shall further 122
disclose such results; except that prosecuting 123
attorneys or circuit attorneys may disclose such 124
information to defense attorneys defending 125
actions pursuant to section 191.677 or 567.020 126
under the rules of discovery, or jurors or court 127
personnel hearing cases pursuant to section 128
191.677 or 567.020. Such information shall not 129
be used or disclosed for any other purpose; 130
(4) When the results of HIV testing, 131
disclosed pursuant to paragraph (b) of 132
subdivision (1) of this subsection, are included 133
in the medical record of the patient who is 134
subject to the test, the inclusion is not a 135
disclosure for purposes of such paragraph so 136
long as such medical record is afforded the same 137
SB 1298 25
confidentiality protection afforded other 138
medical records. 139
3. All communications between the subject 140
of HIV testing and a physician, hospital, or 141
other person authorized by the department of 142
health and senior services who performs or 143
conducts HIV sampling shall be privileged 144
communications. 145
4. The identity of any individual 146
participating in a research project approved by 147
an institutional review board shall not be 148
reported to the department of health and senior 149
services by the physician conducting the 150
research project. 151
5. The subject of HIV testing who is found 152
to have HIV infection and is aware of his or her 153
HIV status shall disclose such information to 154
any health care professional from whom such 155
person receives health care services. Said 156
notification shall be made prior to receiving 157
services from such health care professional if 158
the HIV-infected person is medically capable of 159
conveying that information or as soon as he or 160
she becomes capable of conveying that 161
information. 162
6. Any individual aggrieved by a violation 163
of this section or regulations promulgated by 164
the department of health and senior services may 165
bring a civil action for damages. If it is 166
found in a civil action that: 167
(1) A person has negligently violated this 168
section, the person is liable, for each 169
violation, for: 170
(a) The greater of actual damages or 171
liquidated damages of one thousand dollars; and 172
(b) Court costs and reasonable attorney's 173
fees incurred by the person bringing the action; 174
and 175
(c) Such other relief, including 176
injunctive relief, as the court may deem 177
appropriate; or 178
(2) A person has willfully or 179
intentionally or recklessly violated this 180
SB 1298 26
section, the person is liable, for each 181
violation, for: 182
(a) The greater of actual damages or 183
liquidated damages of five thousand dollars; and 184
(b) Exemplary damages; and 185
(c) Court costs and reasonable attorney's 186
fees incurred by the person bringing the action; 187
and 188
(d) Such other relief, including 189
injunctive relief, as the court may deem 190
appropriate. 191
7. No civil liability shall accrue to any 192
health care provider as a result of making a 193
good faith report to the department of health 194
and senior services about a person reasonably 195
believed to be infected with HIV, or cooperating 196
in good faith with the department in an 197
investigation determining whether a court order 198
directing an individual to undergo HIV testing 199
will be sought, or in participating in good 200
faith in any judicial proceeding resulting from 201
such a report or investigations; and any person 202
making such a report, or cooperating with such 203
an investigation or participating in such a 204
judicial proceeding, shall be immune from civil 205
liability as a result of such actions so long as 206
taken in good faith.] 207
[191.657. 1. No court shall issue an 1
order for the disclosure of confidential HIV- 2
related information, except a court of record of 3
competent jurisdiction in accordance with the 4
provisions of this section. 5
2. Pursuant to section 191.656, a court 6
may grant an order for disclosure of 7
confidential HIV-related information to peace 8
officers, the attorney general or any assistant 9
attorneys general acting on his or her behalf, 10
and prosecuting attorneys upon an application 11
showing: 12
(1) A compelling need for disclosure of 13
the information for the adjudication of a 14
criminal or civil proceeding; 15
SB 1298 27
(2) A clear and imminent danger to an 16
individual whose life or health may unknowingly 17
be at significant risk as a result of contact 18
with the individual to whom the information 19
pertains; 20
(3) Upon application of a state, county or 21
local health officer, a clear and imminent 22
danger to the public health; or 23
(4) That the applicant is lawfully 24
entitled to the disclosure and the disclosure is 25
consistent with the provisions of this section. 26
3. Upon receiving an application for an 27
order authorizing disclosure pursuant to this 28
section, the court shall enter an order 29
directing that all pleadings, papers, 30
affidavits, judgments, orders of the court, 31
briefs and memoranda of law which are part of 32
the application or the decision thereon, be 33
sealed and not made available to any person, 34
except to the extent necessary to conduct any 35
proceedings in connection with the determination 36
of whether to grant or deny the application, 37
including any appeal. Such an order shall 38
further direct that all subsequent proceedings 39
in connection with the application shall be 40
conducted in camera, and, where appropriate to 41
prevent the unauthorized disclosure of 42
confidential HIV-related information, that any 43
pleadings, papers, affidavits, judgments, orders 44
of the court, briefs and memoranda of law which 45
are part of the application or the decision 46
thereon not state the name of the individual 47
concerning whom confidential HIV-related 48
information is sought. 49
4. (1) The individual concerning whom 50
confidential HIV-related information is sought 51
and any person holding records concerning 52
confidential HIV-related information from whom 53
disclosure is sought shall be given adequate 54
notice of such application in a manner which 55
will not disclose to any other person the 56
identity of the individual, and shall be 57
afforded an opportunity to file a written 58
response to the application, or to appear in 59
SB 1298 28
person for the limited purpose of providing 60
evidence on the statutory criteria for the 61
issuance of an order pursuant to this section. 62
(2) The court may grant an order without 63
such notice and opportunity to be heard, where 64
an ex parte application by a state, county, or 65
local health officer shows that a clear and 66
imminent danger to an individual, whose life or 67
health may unknowingly be at risk, requires an 68
immediate order. 69
(3) Service of a subpoena shall not be 70
subject to this subdivision. 71
5. In assessing compelling need and clear 72
and imminent danger, the court shall provide 73
written findings of fact, including scientific 74
or medical findings, citing specific evidence in 75
the record which supports each finding, and 76
shall weigh the need for disclosure against the 77
privacy interest of the protected individual and 78
the public interest which may be disserved by 79
disclosure which deters future testing or 80
treatment or which may lead to discrimination. 81
6. An order authorizing disclosure of 82
confidential HIV-related information shall: 83
(1) Limit disclosure to that information 84
which is necessary to fulfill the purpose for 85
which the order is granted; and 86
(2) Limit disclosure to those persons 87
whose need for the information is the basis for 88
the order, and specifically prohibit 89
redisclosure by such persons to any other 90
persons, whether or not they are parties to the 91
action; and 92
(3) To the extent possible consistent with 93
this section, conform to the provisions of this 94
section; and 95
(4) Include such other measures as the 96
court deems necessary to limit any disclosures 97
not authorized by its order.] 98
[191.658. 1. As used in this section, the 1
following terms shall mean: 2
(1) "Disclose", to disclose, release, 3
transfer, disseminate or otherwise communicate 4
SB 1298 29
all or any part of any record orally, in writing 5
or by electronic means to any person or entity; 6
(2) "Health care practitioner", any 7
licensed physician, nurse practitioner or 8
physician's assistant; 9
(3) "HIV", the human immunodeficiency 10
virus that causes acquired immunodeficiency 11
syndrome; 12
(4) "HIV infection", the pathological 13
state of the human body in response to HIV; 14
(5) "Medically significant exposure", a 15
puncture through or laceration of the skin, or 16
contact of mucous membrane or nonintact skin 17
with blood, tissue, wound exudate or other body 18
fluids, including semen, vaginal secretions, 19
cerebrospinal fluid, synovial fluid, pleural 20
fluid, peritoneal fluid, pericardial fluid, 21
amniotic fluid or any body fluid containing 22
visible blood, or contact of intact skin with 23
any such body fluids when the duration of 24
contact is prolonged or involves an extensive 25
area of skin; 26
(6) "Person", private individuals, private 27
or public bodies politic, and corporations, 28
partnerships, trusts, and unincorporated 29
associations and their officers, directors, 30
agents or employees; 31
(7) "Source individual", the person who is 32
the source of the blood or other body fluids to 33
which medically significant exposure occurred. 34
2. A health care practitioner providing 35
medical treatment for a health care worker or 36
law enforcement officer because of a medically 37
significant exposure to blood or other body 38
fluids that occurred in the course of the 39
worker's or officer's employment may request 40
from the department of health and senior 41
services information regarding the HIV infection 42
status of the source individual. The department 43
of health and senior services may disclose to 44
the health care practitioner the HIV infection 45
status of the source individual if such 46
information is on file with the department. 47
SB 1298 30
3. The health care practitioner shall 48
disclose the HIV infection status of the source 49
individual to the exposed health care worker or 50
law enforcement officer if, in the professional 51
judgment of the health care practitioner, such 52
disclosure is necessary to assure adherence to a 53
prescribed treatment regimen. 54
4. No person to whom information about an 55
individual's HIV infection has been disclosed 56
pursuant to this section shall further disclose 57
such results. 58
5. Any person who knowingly releases 59
information in violation of this section is 60
guilty of a class A misdemeanor.] 61
[191.659. 1. Except as provided in 1
subsection 2 of this section, all individuals 2
who are delivered to the department of 3
corrections and all individuals who are released 4
or discharged from any correctional facility 5
operated by the department of corrections, 6
before such individuals are released or 7
discharged, shall undergo HIV and tuberculosis 8
testing without the right of refusal. In 9
addition, the department of corrections may 10
perform or conduct infectious disease testing on 11
offenders without the right of refusal. 12
2. The department of corrections shall not 13
perform HIV testing on an individual delivered 14
to the department if similar HIV testing has 15
been performed on the individual subsequent to 16
trial and if the department is able to obtain 17
the results of the prior HIV test. 18
3. The department shall inform the victim 19
of any sexual offense defined in chapter 566, 20
which includes sexual intercourse or deviate 21
sexual intercourse as an element of the crime, 22
of any confirmed positive results of HIV testing 23
performed on an offender within the custody of 24
the department. If the victim is an 25
unemancipated minor, the department shall also 26
inform the minor's parents or custodian, if any.] 27
SB 1298 31
[191.662. 1. The department of mental 1
health may perform or conduct HIV testing or HIV 2
sampling without the right of refusal on: 3
(1) Any individual participating in a 4
methadone treatment program for the treatment of 5
intravenous drug abuse and who has refused to 6
undergo such testing whenever there are 7
reasonable grounds to believe that the 8
individual is infected with HIV and is a 9
reasonable health threat to others; 10
(2) Any individual under the care and 11
custody of the department of mental health who 12
has refused to undergo testing whenever there 13
are reasonable grounds to believe that the 14
individual is infected with HIV and is a 15
reasonable health threat to others, unless such 16
testing is otherwise prohibited by law. 17
2. The department of mental health shall 18
not report to the department of health and 19
senior services the identity of any individual 20
for whom HIV testing pursuant to this section 21
confirms HIV infection if such reporting is 22
prohibited by federal law or regulation.] 23
[191.671. 1. No other section of this act 1
shall apply to any insurer, health services 2
corporation, or health maintenance organization 3
licensed by the department of commerce and 4
insurance which conducts HIV testing only for 5
the purposes of assessing a person's fitness for 6
insurance coverage offered by such insurer, 7
health services corporation, or health 8
maintenance corporation, except that nothing in 9
this section shall be construed to exempt any 10
insurer, health services corporation or health 11
maintenance organization in their capacity as 12
employers from the provisions of section 191.665 13
relating to employment practices. 14
2. Upon renewal of any individual or group 15
insurance policy, subscriber contractor health 16
maintenance organization contract covering 17
medical expenses, no insurer, health services 18
corporation or health maintenance organization 19
shall deny or alter coverage to any previously 20
SB 1298 32
covered individual who has been diagnosed as 21
having HIV infection or any HIV-related 22
condition during the previous policy or contract 23
period only because of such diagnosis, nor shall 24
any such insurer, health services corporation or 25
health maintenance organization exclude coverage 26
for treatment of such infection or condition 27
with respect to any such individual. 28
3. The director of the department of 29
commerce and insurance shall establish by 30
regulation standards for the use of HIV testing 31
by insurers, health services corporations and 32
health maintenance organizations. 33
4. A laboratory certified by the U.S. 34
Department of Health and Human Services under 35
the Clinical Laboratory Improvement Act of 1967, 36
permitting testing of specimens obtained in 37
interstate commerce, and which subjects itself 38
to ongoing proficiency testing by the College of 39
American Pathologists, the American Association 40
of Bio Analysts, or an equivalent program 41
approved by the Centers for Disease Control 42
shall be authorized to perform or conduct HIV 43
testing for an insurer, health services 44
corporation or health maintenance organization 45
pursuant to this section. 46
5. The result or results of HIV testing of 47
an applicant for insurance coverage shall not be 48
disclosed by an insurer, health services 49
corporation or health maintenance organization, 50
except as specifically authorized by such 51
applicant in writing. Such result or results 52
shall, however, be disclosed to a physician 53
designated by the subject of the test. If there 54
is no physician designated, the insurer, health 55
services corporation, or health maintenance 56
organization shall disclose the identity of 57
individuals residing in Missouri having a 58
confirmed positive HIV test result to the 59
department of health and senior services. 60
Provided, further, that no such insurer, health 61
services corporation or health maintenance 62
organization shall be liable for violating any 63
duty or right of confidentiality established by 64
SB 1298 33
law for disclosing such identity of individuals 65
having a confirmed positive HIV test result to 66
the department of health and senior services. 67
Such disclosure shall be in a manner that 68
ensures confidentiality. Disclosure of test 69
results in violation of this section shall 70
constitute a violation of sections 375.930 to 71
375.948 regulating trade practices in the 72
business of insurance. Nothing in this 73
subsection shall be construed to foreclose any 74
remedies existing on June 1, 1988.] 75
[191.674. 1. The department of health and 1
senior services may seek in its own name in a 2
court of competent jurisdiction a court order 3
directing an individual to undergo HIV testing 4
without the right of refusal after reasonable 5
efforts have been made by the department to 6
obtain informed consent to HIV testing. The 7
court shall grant such order whenever there are 8
reasonable grounds to believe that an individual 9
is infected with HIV and there is clear and 10
convincing evidence of a serious and present 11
health threat to others posed by the individual 12
if infected. 13
2. The record of any suit filed pursuant 14
to this section shall be closed to the public 15
and, at the request of the individual, any 16
hearing shall be held in camera.] 17
[191.680. 1. Any person who shall erect, 1
establish, continue, maintain, use, own, or 2
lease any building, structure, or place used for 3
the purpose of lewdness, assignation, or illegal 4
purpose involving sexual or other contact 5
through which transmission of HIV infection can 6
occur is guilty of maintaining a nuisance. 7
2. The building, structure, or place, or 8
the ground itself, in or upon which any such 9
lewdness, assignation, or illegal purpose is 10
conducted, permitted, carried on, continued, or 11
exists, and the furniture, fixtures, musical 12
instruments, and movable property used in 13
conducting or maintaining such nuisance, are 14
hereby declared to be a nuisance and shall be 15
SB 1298 34
enjoined and abated as provided in subsection 3 16
of this section. 17
3. If the existence of a nuisance is 18
admitted or established in an action pursuant to 19
this section or in a criminal proceeding in any 20
court, an order of abatement shall be entered as 21
part of the judgment in the case. The order 22
shall direct the effectual closing of the 23
business for any purpose, and so keeping it 24
closed for a period of one year. 25
4. The department of health and senior 26
services, a county prosecutor, or a circuit 27
attorney shall file suit in its own name in any 28
court of competent jurisdiction to enforce the 29
provisions of this section.] 30
[191.683. The department of health and 1
senior services shall regularly report to the 2
appropriate committees of both houses of the 3
general assembly: 4
(1) The number of individuals with HIV 5
infection for whom a health care plan has been 6
developed detailing the form and impact of such 7
health care plans in a manner that does not 8
identify or provide identifying characteristics 9
of an individual infected with HIV; 10
(2) The nature and extent to which the 11
department has utilized judicial proceedings in 12
a manner that does not identify or provide 13
identifying characteristics of any individual 14
subject to such proceedings; 15
(3) The form and extent of the handling of 16
federal funds available to the department of 17
health and senior services for disbursement; 18
(4) The form and extent of programs and 19
efforts funded by state funds; and 20
(5) Any other information such committees 21
shall seek.] 22
[191.689. 1. Only after a school has 1
adopted a policy consistent with recommendations 2
of the Centers for Disease Control on school 3
children who test positive for HIV shall the 4
department of health and senior services give 5
prompt and confidential notice of the identity 6
SB 1298 35
of any child reported to the department to have 7
HIV infection and the parent or guardian of any 8
child confirmed by the department of health and 9
senior services standards to have HIV infection 10
shall also give prompt and confidential notice 11
of the identity of such child to the 12
superintendent of the school district in which 13
the child resides, and if the child attends a 14
nonpublic elementary or secondary school, to the 15
chief administrative officer of such school. 16
2. The superintendent or chief 17
administrative officer may disclose the identity 18
of an infected child to those persons: 19
(1) Who are designated by the school 20
district to determine the fitness of an 21
individual to attend school; and 22
(2) Who have a reasonable need to know the 23
identity of the child in order to provide proper 24
health care.] 25
[191.692. The department of health and 1
senior services may promulgate rules providing 2
for mandatory premarital HIV testing if the 3
Centers for Disease Control so indicates.] 4
[545.940. 1. Pursuant to a motion filed 1
by the prosecuting attorney or circuit attorney 2
with notice given to the defense attorney and 3
for good cause shown, in any criminal case in 4
which a defendant has been charged by the 5
prosecuting attorney's office or circuit 6
attorney's office with any offense under chapter 7
566 or section 565.050, assault in the first 8
degree; section 565.052 or 565.060, assault in 9
the second degree; section 565.054 or 565.070, 10
assault in the third degree; section 565.056, 11
assault in the fourth degree; section 565.072, 12
domestic assault in the first degree; section 13
565.073, domestic assault in the second degree; 14
section 565.074, domestic assault in the third 15
degree; section 565.075, assault while on school 16
property; section 565.076, domestic assault in 17
the fourth degree; section 565.081, 565.082, or 18
565.083, assault of a law enforcement officer, 19
corrections officer, emergency personnel, 20
SB 1298 36
highway worker in a construction zone or work 21
zone, utility worker, cable worker, or probation 22
and parole officer in the first, second, or 23
third degree; section 567.020, prostitution; 24
section 568.045, endangering the welfare of a 25
child in the first degree; section 568.050, 26
endangering the welfare of a child in the second 27
degree; section 568.060, abuse of a child; 28
section 575.150, resisting or interfering with 29
an arrest; or subdivision (2) or (3) of 30
subsection 2 of section 191.677, knowingly or 31
recklessly exposing a person to a serious 32
infectious or communicable disease, the court 33
may order that the defendant be conveyed to a 34
state-, city-, or county-operated HIV clinic for 35
testing for HIV, hepatitis B, hepatitis C, 36
syphilis, gonorrhea, and chlamydia. The results 37
of such tests shall be released to the victim 38
and his or her parent or legal guardian if the 39
victim is a minor. The results of such tests 40
shall also be released to the prosecuting 41
attorney or circuit attorney and the defendant's 42
attorney. The state's motion to obtain said 43
testing, the court's order of the same, and the 44
test results shall be sealed in the court file. 45
2. As used in this section, "HIV" means 46
the human immunodeficiency virus that causes 47
acquired immunodeficiency syndrome.] 48
[567.120. Any person arrested for a 1
prostitution-related offense, who has been found 2
guilty of a prior prostitution-related offense, 3
may, within the sound discretion of the court, 4
be required to undergo HIV testing as a 5
condition precedent to the issuance of bond for 6
the offense.] 7
✓