SB1279 - Creates the Missouri Hospital Infection Control Act of 2004 - Steelman
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||Creates the Missouri Hospital Infection Control Act of 2004
HCS/SS/SCS/SB 1279 - This act creates the "Missouri
Nosocomial Infection Control Act of 2004" to encourage health
care facilities to take appropriate actions to decrease the risk
SECTION 192.020 - The Department shall include MRSA and VRE in
its list of communicable diseases.
SECTION 192.067 - The Department shall have the authority to
collect, analyze, and disclose nosocomial infection data from
SECTION 192.131(1)-(2) - This section provides definitions for
"advisory panel", "antibiogram", and "antimicrobial". Every
laboratory performing culture and sensitivity testing on humans
in Missouri shall submit data on health care associated
infections to the Department. The data to be reported shall be
defined by the Department. By July 1, 2005, the data must
include the number of patients or isolates by hospital,
ambulatory surgical center, and other facility who are infected
with MRSA and VRE.
SECTION 192.131(3)-(5) - All information collected pursuant to
this section shall be confidential. However, this information
shall be available to the appropriate facility or professional
licensing authorities. The Advisory Panel shall develop a plan,
using the collected data, to create a system that enhances the
ability of health care providers to track preventable infections
and monitors trends relating to antibiotic-resistant microbes.
The Advisory Panel and the Department must conform to standards
adopted by the Centers for Disease Control and Prevention.
SECTION 192.665 - This section adds new definitions for
"nosocomial infection", "nosocomial infection incidence rate",
and "other facility".
SECTION 192.667(1)-(11) - The Department must collect data on
nosocomial infection incidence rates from hospitals, ambulatory
surgical centers, and other appropriate facilities. By July 1,
2005, the Department must promulgate rules regarding the
standards and procedures for the collection and reporting of
nosocomial infection incidence rates and these rules shall be
based upon the methodologies established by the Centers for
Disease Control and Prevention National Nosocomial Infection
Surveillance System and the recommendations of the Infection
Control Advisory Panel.
The Infection Control Advisory Panel shall make a
recommendation, based on certain factors, to the Department
regarding the implementation of nosocomial infection data
collection, analysis, and reporting. If the Department chooses
the requirements of the Centers for Disease Control Prevention's
National Nosocomial Infection Surveillance System instead of the
requirements listed in this section, then hospitals and
ambulatory surgical centers that opt to participate in the
federal program must provide the necessary data as a condition
for licensure. Any hospital or ambulatory surgical center which
does not voluntarily participate in the federal program shall be
required to abide by the requirements enumerated in subsections
2,3, and 6 through 12 of this section.
SECTION 192.667(11)-(14) - Physician's offices shall be exempt
from the reporting and disclosure of infection incidence rates.
In consultation with the Advisory Panel, the Department must
disseminate reports to the public, based on data compiled over a
twelve-month period and updated quarterly thereafter, that show
for each hospital, ambulatory surgical center, and other facility
a risk-adjusted nosocomial infection incidence rate for class I
surgical site infections, ventilator-associated pneumonia,
central line-related bloodstream infections, and other infections
defined by rule by the Department. By December 31, 2006, these
reports shall also be published on the Department's website and
shall be annually distributed to the Governor and the General
SECTION 192.667(15)-(17) - If the Hospital Industry Data
Institute fails by July 31, 2008 and annually thereafter to
publish a report of Missouri's compliance with the quality of
care measures established by the Centers for Medicare and
Medicaid Services, the Department shall have the authority to
collect and publish this information. This information shall
also be available to the Department for the licensing of
hospitals and ambulatory surgical centers pursuant to Chapter
SECTION 197.150 - Hospitals, ambulatory surgical centers, and
other facilities must have procedures for monitoring compliance
with infection control regulations and standards. These
procedures must be coordinated with administrative and personnel
staff. The infection control program shall include the
surveillance of personnel, with a portion of the surveillance
done without the staff's knowledge. However, this unobserved
surveillance requirement cannot be considered grounds for
licensure enforcement actions until the Department establishes
clear and verifiable criteria for determining compliance.
SECTION 197.152 - Infection control officers and other employees
shall be protected from retaliation from any hospitals,
ambulatory surgical centers, or other facilities. Any
interference in the duties of an infection control officer shall
be reported to the hospital and ambulatory surgical center
supervisors. Infection control officers have the authority to
order the termination of any practice that falls outside the
standard of care in infection control. The hospital or
ambulatory surgical center infection control committee must
convene as soon as possible to review any termination action.
Employees who report infection control concerns in good faith
shall not be subject to retaliation or discrimination.
SECTION 197.154 - By July 1, 2005, the Department must promulgate
rules establishing certain standards for the infection control
programs, which shall based upon nationally recognized standards.
SECTION 197.156 - "Nosocomial infection outbreaks" are defined by
the Centers for Disease Control and Prevention within a defined
time period. The Department shall define the time period based
upon the number of infected patients in a facility.
SECTION 197.158 - Beginning June 1, 2006, all hospitals and
ambulatory surgical centers shall provide each patient an
opportunity to submit complaints, comments, or suggestions
relating to the quality of care received.
SECTION 197.160 - The Department shall have access to all
information compiled by hospitals, ambulatory surgical centers,
and other facilities related to infection control practices,
rates, and treatments. The failure to provide access to this
information shall be grounds for a full or partial licensure
suspension or revocation. If a hospital, ambulatory surgical
center, or other facility willfully impedes access to this
information, then the Department has the authority to direct any
state agency to suspend all or a portion of state payments until
the Department receives the information.
SECTION 197.162 - For the licensing of hospitals and ambulatory
surgical centers, the Department shall give special attention to
infection control practices and shall direct these facilities to
set quantifiable measures of performance for reducing nosocomial
infections. The Department must annually prepare a report on
infection control standards and compliance. The report shall be
distributed to the General Assembly and the Governor.
SECTION 197.165 - The Department must appoint an "Infection
Control Advisory Panel", which shall consist of thirteen members.
Any reasonable expenses of the Panel shall be paid from private
donations made specifically to the "Infection Control Advisory
Panel Fund", which is created in the State Treasury.
SECTION 197.294 - No information disclosed by the Department to
the public pursuant to this act shall be used to establish a
standard of care in a civil action.
This act is identical to SCS/HS/HCS/HB 1477 & 1563 (2004).