SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES KELLY (Sponsor), COOPER, RUESTMAN, OXFORD, ENGLUND, NASHEED, McNEIL, STEVENSON, JONES (63), CORCORAN, WEBBER AND LAMPE (Co-sponsors).
4931L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 167, RSMo, by adding thereto one new section relating to distribution of information on human papillomavirus immunization.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 167, RSMo, is amended by adding thereto one new section, to be known as section 167.182, to read as follows:
167.182. 1. Each parent or guardian of a student enrolling in grade six in public school shall be provided information regarding immunizations against the human papillomavirus in accordance with this section.
2. (1) Each public school district shall provide the names and addresses of all parents and guardians of students who are entering grade six to the department of health and senior services and the department shall mail to such parent or guardian age and gender appropriate information relating to the connection between human papillomavirus and cervical cancer, and that an immunization against the human papillomavirus infection is available.
(2) Such information shall include:
(a) The risk factors for developing cervical cancer, the symptoms of the disease, how it may be diagnosed and its possible consequences if untreated;
(b) The connection between human papillomavirus and cervical cancer, how human papillomavirus is transmitted, how transmission may be prevented, including abstinence as the best way to prevent sexually transmitted diseases, and the relative risk of contracting human papillomavirus for primary and secondary school students;
(c) The latest scientific information on the immunization against human papillomavirus infection and the immunization's effectiveness against causes of cervical cancer;
(d) That a pap smear is still critical for the detection of precancerous changes in the cervix to allow for treatment before cervical cancer develops; and
(e) A statement that any questions or concerns regarding immunizing the child against human papillomavirus could be answered by contacting a health care provider.
(3) Each informational mailing sent to the parents or guardian of students who are entering grade six shall request that the parents or guardian of such students voluntarily furnish to the department not later than twenty school days after the first day of school a written statement, in a form prescribed by the department of health and senior services, stating that the parent has received the information required under this subsection and that:
(a) The student has received or is receiving the immunization; or
(b) The parent has decided not to have the student immunized. Such form to be returned voluntarily by the parent or guardian shall not request from the parent or guardian any identifying information of the student or parent or guardian.
(4) The informational mailing shall have prominently displayed in bold type that the request from the parent or guardian for the written statement under subdivision (3) of this subsection is voluntary.
(5) Beginning July 1, 2011, the department shall submit to the general assembly a report detailing the number of sixth grade students who have and have not been immunized against the human papillomavirus infection and the number of nonresponses to the request for the written statement under subdivision (3) of this subsection. The information derived from subdivision (3) of this subsection shall be used for statistical purposes only and shall not be used to personally identify any parent or guardian, or any student.
(6) Nothing in this subsection shall be construed to prevent a student from school attendance if such parent or guardian has opted not to have the student receive the human papillomavirus immunization or has not returned the statement prescribed in subdivision (3) of this subsection.
3. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.
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