SECOND REGULAR SESSION
HOUSE BILL NO. 1586
91ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES TROUPE, REYNOLDS, WALTON, JOHNSON (61),
BOUCHER (Co-sponsors), OSTMANN, WILSON (42) AND MOORE.
Read 1st time January 23, 2002, and 1000 copies ordered printed.
TED WEDEL, Chief Clerk
AN ACT
To repeal sections 192.083, 192.965 and 192.968, RSMo, and to enact in lieu thereof ten new sections relating to the department of health and senior services.
Section A. Sections 192.083, 192.965 and 192.968, RSMo, are repealed and ten new sections enacted in lieu thereof, to be known as sections 192.965, 192.967, 192.970, 192.973, 192.975, 192.1000, 192.1003, 192.1006, 192.1009 and 192.1012 to read as follows:
192.965. There is hereby created the "[Office on] Division of Women's Health" within the department of health and senior services. The duties of the [office] division shall include, without limitation, to:
(1) Assist in the assessment of the health and senior services needs of women in the state;
(2) Provide policy analysis and recommendations to the director of the department of health and senior services on issues affecting the health and well-being of women across the life cycle;
(3) Assist the director of the department of health and senior services in identifying issues and establishing priorities for programs, services and resources the department of health and senior services should provide;
(4) Serve as a central location for information, resources, technical assistance and consultation about women's health for the department of health and senior services, other state agencies, local health departments and community-based organizations;
(5) Promote coordination of and collaborative efforts among programs and services for women in the department of health and senior services, other state agencies, local health departments and community organizations; and
(6) Increase visibility of the many diverse factors affecting the health and well-being of women in Missouri.
192.967. 1. In addition to the powers, duties and functions vested in the division of women's health by other provisions of sections 192.965 to 192.975 or by other laws of this state, the division of women's health shall have the power:
(1) To sue and be sued;
(2) To make contracts and carry out the duties imposed upon it by this or any other law;
(3) To administer, disburse, dispose of and account for funds, commodities, equipment, supplies, or services and any kind of property given, granted, loaned, advanced to, or appropriated by the state of Missouri for any of the purposes herein;
(4) To administer oaths, issue subpoenas for witnesses, examine such witnesses under oath, and make and keep a record of same;
(5) To adopt, amend and repeal rules and regulations necessary or desirable to carry out the provisions of sections 192.965 to 192.975 and which are not inconsistent with the constitution or laws of this state;
(6) To cooperate with the United States government in matters of mutual concern pertaining to any duties wherein the division of women's health is acting as a state agency, including the adoption of such methods of administration as are found by the United States government to be necessary for the efficient operation of state plans hereunder;
(7) To make such reports in such form and containing such information as the United States government may, from time to time, require, and comply with such provisions as the United States government may, from time to time, find necessary to assure the correctness and verification of such reports;
(8) To administer state women's health activities and develop state services for the encouragement and assistance of community women's health organizations;
(9) To appoint, when and if it may deem necessary, advisory committees to provide professional or technical consultation in respect to women's health problems and administration. The members of such advisory committees shall receive no compensation for their services other than expenses actually incurred in the performance of their official duties. The number of members of each such advisory committee shall be determined by the division of women's health, and such advisory committees shall consult with and advise the division of women's health in respect to problems and policies incident to the administration of the particular function germane to the respective field of competence;
(10) To collect statistics, make special fact-finding studies and publish reports in reference to women's health; and
(11) To accept gifts and grants of any property, real or personal, and to sell such property and expend such gifts or grants not inconsistent with the administration of sections 192.965 to 192.975 and within the limitations imposed by the donor thereof.
2. All powers and duties of the division of women's health shall, so far as applicable, apply to the administration of any other law or state law wherein duties are imposed upon the division of women's health acting as a state agency.
192.970. No rule or portion of a rule promulgated under the authority of sections 192.965 to 192.975 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.
192.973. The chief administrative officer of the division of women's health shall be a director of women's health, who shall be a person qualified by education and experience to supervise the work of the division of women's health and shall be a citizen and taxpayer of Missouri. Before entering upon his or her duties, the director shall subscribe an oath or affirmation to support the Constitution of the United States and of the state of Missouri and to faithfully demean himself or herself in office. The director shall enter into good and sufficient bond, payable to the state of Missouri, conditioned upon the faithful discharge and performance of official duties, and upon accountability for all property and funds coming under his or her administration and control, such bond to be approved by the attorney general as to form, and by the governor as to its sufficiency, the premium on such bond to be paid by the state. The governor may remove the director of the division of women's health for incompetence, misconduct, or neglect of duty.
192.975. The director of the division shall devote his or her entire time to his or her official duties and shall receive an annual salary to be determined by the director of the department of health and senior services. It shall be the director's duty to investigate personally the conduct of the various bureaus of the division of women's health, and to give executive control to the administration of the work of the division in this state.
192.1000. There is hereby established the "Division of Minority Health" within the department of health and senior services. The division of minority health is an integral part of the department of health and senior services and shall have and exercise all the powers and duties necessary to carry out fully and effectively the purposes assigned to it by law and shall be the state agency to:
(1) Address issues related to minority health;
(2) Instill cultural sensitivity and awareness into all existing programs of the department of health and senior services;
(3) Develop health education programs specifically for minorities;
(4) Promote constituency development;
(5) Coordinate programs provided by other agencies;
(6) Develop culturally sensitive health education materials;
(7) Seek extramural funding for programs;
(8) Develop resources within communities;
(9) Establish interagency communication to assure that agreements are established and carried out;
(10) Ensure that personnel within the department of health and senior services have cultural understanding and sensitivity;
(11) Ensure that all programs are designed to be responsive to unique needs of minorities;
(12) Review all programs of the department, their impact on the health status of minorities;
(13) Assist in the design of programs targeted specifically to improving the health of minorities;
(14) Develop programs that can attract other public and private funds;
(15) Analyze federal and state legislation for its impact on the health status of minorities;
(16) Advise the director of the department of health and senior services on health matters that affect minorities;
(17) Coordinate the development of educational programs designed to reduce the incidence of disease in the minority population; and
(18) Any other duties relating to minority health which may be imposed upon the department of health and senior services.
192.1003. 1. In addition to the powers, duties and functions vested in the division of minority health by other provisions of sections 192.1000 to 192.1012 or by other laws of this state, the division of minority health shall have the power:
(1) To sue and be sued;
(2) To make contracts and carry out the duties imposed upon it by this or any other law;
(3) To administer, disburse, dispose of and account for funds, commodities, equipment, supplies, or services and any kind of property given, granted, loaned, advanced to, or appropriated by the state of Missouri for any of the purposes herein;
(4) To administer oaths, issue subpoenas for witnesses, examine such witnesses under oath, and make and keep a record of same;
(5) To adopt, amend and repeal rules and regulations necessary or desirable to carry out the provisions of sections 192.1000 to 192.1012 and which are not inconsistent with the constitution or laws of this state;
(6) To cooperate with the United States government in matters of mutual concern pertaining to any duties wherein the division of minority health is acting as a state agency, including the adoption of such methods of administration as are found by the United States government to be necessary for the efficient operation of state plans hereunder;
(7) To make such reports in such form and containing such information as the United States government may, from time to time, require, and comply with such provisions as the United States government may, from time to time, find necessary to assure the correctness and verification of such reports;
(8) To administer state minority health activities and develop state services for the encouragement and assistance of community minority health organizations;
(9) To appoint, when and if it may deem necessary, advisory committees to provide professional or technical consultation in respect to minority health problems and administration. The members of such advisory committees shall receive no compensation for their services other than expenses actually incurred in the performance of their official duties. The number of members of each such advisory committee shall be determined by the division of minority health, and such advisory committees shall consult with and advise the division of minority health in respect to problems and policies incident to the administration of the particular function germane to the respective field of competence;
(10) To collect statistics, make special fact-finding studies and publish reports in reference to minority health; and
(11) To accept gifts and grants of any property, real or personal, and to sell such property and expend such gifts or grants not inconsistent with the administration of sections 192.1000 to 192.1012 and within the limitations imposed by the donor thereof.
2. All powers and duties of the division of minority health shall, so far as applicable, apply to the administration of any other law or state law wherein duties are imposed upon the division of minority health acting as a state agency.
192.1006. No rule or portion of a rule promulgated under the authority of sections 192.1000 to 192.1012 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.
192.1009. The chief administrative officer of the division of minority health shall be a director of minority health, who shall be a person qualified by education and experience to supervise the work of the division of minority health and shall be a citizen and taxpayer of Missouri. Before entering upon his or her duties, the director shall subscribe an oath or affirmation to support the Constitution of the United States and of the state of Missouri and to faithfully demean himself or herself in office. The director shall enter into good and sufficient bond, payable to the state of Missouri, conditioned upon the faithful discharge and performance of official duties, and upon accountability for all property and funds coming under his or her administration and control, such bond to be approved by the attorney general as to form, and by the governor as to its sufficiency, the premium on such bond to be paid by the state. The governor may remove the director of the division of minority health for incompetence, misconduct, or neglect of duty.
192.1012. The director of the division shall devote his or her entire time to his or her official duties and shall receive an annual salary to be determined by the director of the department of health and senior services. It shall be the director's duty to investigate personally the conduct of the various bureaus of the division of minority health, and to give executive control to the administration of the work of the division in this state.
[192.083. There is hereby established in the department of health and senior services an "Office of Minority Health". The office of minority health shall monitor the progress of all programs in the department for their impact on eliminating the health status disparity between minorities and the general population and shall:
(1) Address new issues related to minority health;
(2) Instill cultural sensitivity and awareness into all existing programs of the department of health and senior services;
(3) Develop health education programs specifically for minorities;
(4) Promote constituency development;
(5) Coordinate programs provided by other agencies;
(6) Develop culturally sensitive health education materials;
(7) Seek extramural funding for programs;
(8) Develop resources within communities;
(9) Establish interagency communication to assure that agreements are established and carried out;
(10) Ensure that personnel within the department of health and senior services have cultural understanding and sensitivity;
(11) Ensure that all programs are designed to be responsive to unique needs of minorities;
(12) Provide necessary health and medical information, data, and staff resources to the Missouri minority health issues task force;
(13) Review all programs of the department, their impact on the health status of minorities;
(14) Assist in the design of programs targeted specifically to improving the health of minorities;
(15) Develop programs that can attract other public and private funds;
(16) Analyze federal and state legislation for its impact on the health status of minorities;
(17) Advise the director of the department of health and senior services on health matters that affect minorities;
(18) Coordinate the development of educational programs designed to reduce the incidence of disease in the minority population.]
[192.968. To advise the chief of the office on women's health, the director of the department of health and senior services shall appoint a committee comprised of persons who have expertise in the varied issues affecting the health and well-being of women in Missouri, who reflect the geographic, racial, ethnic and socioeconomic diversity of Missouri, and who speak for communities with specific health care risks, needs and concerns.
(1) The advisory committee and the chief of the office on women's health shall jointly identify issues pertinent to the health of women for consideration by the director of the department of health and senior services.
(2) The advisory committee shall assist the office on women's health in analyzing issues, as requested, and providing
policy advice to the chief of the office on women's health.]