FIRST REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HUBBARD, SANDERS BROOKS, PARKER, EL-AMIN,
KELLY (36), AVERY, ENGLER, HOSKINS, CARNAHAN, JETTON, COOPER (155), HANAWAY,
WILDBERGER, LAWSON, THOMPSON (Co-sponsors), BLAND, BOYKINS, BRINGER, JOHNSON (61),
KRATKY, BISHOP, SKAGGS, MUCKLER, DONNELLY, YOUNG, JONES, PAGE, VOGT, CURLS, WILLOUGHBY, SMITH (118), LIESE, HARRIS (23), WALKER, BYRD, VIEBROCK, BRUNS, MORRIS,
DAVIS (19), KING, BEAN, BEARDEN, JOLLY, SALVA, ADAMS, RANSDALL, MEINERS, QUINN,
GUEST, KELLY (144), BLACK AND BURNETT.
Read 1st time February 19, 2003, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 190, RSMo, by adding thereto one new section relating to a vaccination program for first responders in disaster locations, with an emergency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 190, RSMo, is amended by adding thereto one new section, to be known as section 190.091, to read as follows:
190.091. 1. As used in this section, the following terms mean:
(1) "Bioterrorism", the intentional use of any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance, or biological product to cause or attempt to cause death, disease, or other biological malfunction in any living organism;
(2) "Department", the Missouri department of health and senior services;
(3) "Director", the director of the department of health and senior services;
(4) "Disaster locations", any geographical location where a bioterrorism attack, terrorist attack, catastrophic or natural disaster, or emergency occurs;
(5) "First responders", state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and emergencies.
2. The department shall offer a vaccination program for first responders who may be exposed to infectious diseases when deployed to disaster locations. The vaccinations shall include, but are not limited to, hepatitis A vaccination, hepatitis B vaccination, diphtheria-tetanus vaccination, influenza vaccination, pneumococcal vaccination, and other vaccinations when recommended by the United States Public Health Service and in accordance with Federal Emergency Management Directors Policy. Immune globulin shall be made available when necessary.
3. Participation in the vaccination program shall be voluntary by the first responders, except for first responders who are classified as having occupational exposure to bloodborne pathogens, as defined by the Occupational Safety and Health Administration Standard contained in 29 C.F.R. 1910.1030 who shall be required to take the designated vaccinations or otherwise required by law.
4. A first responder shall be exempt from vaccinations when a written statement from a licensed physician is presented indicating that a vaccine is medically contraindicated for such person or the first responder signs a written statement that the administration of a vaccination conflicts with his or her religious tenets.
5. If a vaccine shortage exists, the director, in consultation with the governor and the Centers for Disease Control and Prevention, shall give priority for vaccination to first responders.
6. The department shall notify first responders to the availability of the vaccination program and shall provide educational materials on ways to prevent exposure to infectious diseases.
7. The department may contract with county and local health departments, not-for-profit home health care agencies, hospitals, and physicians to administer a vaccination program for first responders.
8. The provisions of this section shall become effective upon receipt of federal funding or federal grants for administering a first responders vaccination program. Upon receipt of such funding, the department shall make available the vaccine to first responders as provided in this section.
Section B. Because immediate action is necessary to ensure the safety of all first responders, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.