Effective - 14 Jul 2014
192.945. Registration cards issued, requirements — definitions — recordkeeping — rulemaking. — 1. As used in this section, the following terms shall mean:
(1) "Department", the department of health and senior services;
(2) "Hemp extract", as such term is defined in section 195.207;
(3) "Hemp extract registration card", a card issued by the department under this section;
(4) "Intractable epilepsy", epilepsy that as determined by a neurologist does not respond to three or more treatment options overseen by the neurologist;
(5) "Neurologist", a physician who is licensed under chapter 334 and board certified in neurology;
(6) "Parent", a parent or legal guardian of a minor who is responsible for the minor's medical care;
(7) "Registrant", an individual to whom the department issues a hemp extract registration card under this section.
2. The department shall issue a hemp extract registration card to an individual who:
(1) Is eighteen years of age or older;
(2) Is a Missouri resident;
(3) Provides the department with a statement signed by a neurologist that:
(a) Indicates that the individual suffers from intractable epilepsy and may benefit from treatment with hemp extract; and
(b) Is consistent with a record from the neurologist concerning the individual contained in the database described in subsection 9 of this section;
(4) Pays the department a fee in an amount established by the department under subsection 6 of this section; and
(5) Submits an application to the department on a form created by the department that contains:
(a) The individual's name and address;
(b) A copy of the individual's valid photo identification; and
(c) Any other information the department considers necessary to implement the provisions of this section.
3. The department shall issue a hemp extract registration card to a parent who:
(1) Is eighteen years of age or older;
(2) Is a Missouri resident;
(3) Provides the department with a statement signed by a neurologist that:
(a) Indicates that a minor in the parent's care suffers from intractable epilepsy and may benefit from treatment with hemp extract; and
(b) Is consistent with a record from the neurologist concerning the minor contained in the database described in subsection 9 of this section;
(4) Pays the department a fee in an amount established by the department under subsection 6 of this section; and
(5) Submits an application to the department on a form created by the department that contains:
(a) The parent's name and address;
(b) The minor's name;
(c) A copy of the parent's valid photo identification; and
(d) Any other information the department considers necessary to implement the provisions of this section.
4. The department shall maintain a record of the name of each registrant and the name of each minor receiving care from a registrant.
5. The department shall promulgate rules to:
(1) Implement the provisions of this section including establishing the information the applicant is required to provide to the department and establishing in accordance with recommendations from the department of public safety the form and content of the hemp extract registration card; and
(2) Regulate the distribution of hemp extract from a cannabidiol oil care center to a registrant, which shall be in addition to any other state or federal regulations; and
The department may promulgate rules to authorize clinical trials involving hemp extract.
6. The department shall establish fees that are no greater than the amount necessary to cover the cost the department incurs to implement the provisions of this section.
7. The registration cards issued under this section shall be valid for one year and renewable if at the time of renewal the registrant meets the requirements of either subsection 2 or 3 of this section.
8. The neurologist who signs the statement described in subsection 2 or 3 of this section shall:
(1) Keep a record of the neurologist's evaluation and observation of a patient who is a registrant or minor under a registrant's care including the patient's response to hemp extract; and
(2) Transmit the record described in subdivision (1) of this subsection to the department.
9. The department shall maintain a database of the records described in subsection 8 of this section and treat the records as identifiable health data.
10. The department may share the records described in subsection 9 of this section with a higher education institution for the purpose of studying hemp extract.
11. 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 July 14, 2014, shall be invalid and void.
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(L. 2014 H.B. 2238)
Effective 7-14-14
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 192 - Department of Health and Senior Services
Section 192.002 - Department of health and senior services established.
Section 192.006 - Health and senior services, department of, rulemaking authority, procedure.
Section 192.007 - Director, appointment — compensation — qualifications.
Section 192.014 - State board of health and senior services to advise department.
Section 192.015 - Fees for laboratory tests authorized — deposit in general revenue.
Section 192.016 - Putative father registry — fund created.
Section 192.025 - To accept and disburse federal funds for health purposes.
Section 192.031 - Hepatitis C programs established by department of health and senior services.
Section 192.033 - Strategies for raising public awareness on hepatitis C.
Section 192.040 - Department to issue reports — subjects.
Section 192.050 - Department to maintain certain bureaus — establishment of others.
Section 192.060 - Department to keep vital statistics.
Section 192.072 - Bureau of immunization to develop educational materials — contents, distribution.
Section 192.080 - Bureau of food and drug inspection.
Section 192.083 - Office of minority health, established — purpose, duties.
Section 192.090 - Inspection of hotels, inns and boardinghouses.
Section 192.100 - Inspection of beverages.
Section 192.110 - Department's duty as to diseases of animals.
Section 192.139 - Communicable disease reporting, guidelines for department.
Section 192.140 - Public health nurse provided — public and private places disinfected.
Section 192.150 - Interference a misdemeanor — duty of mayor and county commission.
Section 192.160 - Taxpayers may petition for the appointment of a nurse.
Section 192.170 - Money appropriated from current revenue.
Section 192.250 - Department to receive grants.
Section 192.260 - County health officer appointed by county commission.
Section 192.280 - Duties of county health officer — neglect, penalty — removal.
Section 192.290 - State regulations supersede local rules — additional local rules.
Section 192.310 - Cities of 75,000 or over excepted from sections 192.260 to 192.320.
Section 192.320 - Violation of law or quarantine — penalty.
Section 192.324 - Administrative and cost allocation fund created, use of moneys.
Section 192.326 - Disaster fund created, use of moneys during a state of emergency.
Section 192.390 - Cost of certain formulas to be provided — rulemaking authority.
Section 192.400 - Definitions.
Section 192.410 - Powers and duties of department.
Section 192.420 - Department to make rules — procedure.
Section 192.430 - Radiation sources to be kept safe.
Section 192.460 - Emergency orders — compliance required — hearing.
Section 192.470 - Judicial review.
Section 192.480 - Law not to limit medical use of radiation.
Section 192.490 - Violation of law or regulation, misdemeanor — injunctive relief.
Section 192.507 - Radiological laboratory to be established, purpose.
Section 192.650 - Cancer information reporting system established — purpose — rulemaking authority.
Section 192.653 - Reports required from certain health care providers, content — exemptions.
Section 192.665 - Definitions.
Section 192.700 - Arthritis program established — purpose.
Section 192.703 - Definitions.
Section 192.705 - Program coordinators, appointment, duties — compensation.
Section 192.712 - Expenses of board and committee members to be paid, subject to appropriations.
Section 192.714 - Regional arthritis centers to be established — purpose — regions designated.
Section 192.716 - Centers to establish programs for education and improved patient care.
Section 192.720 - Support for rheumatology trainees — amount — approval of candidates.
Section 192.723 - Research feasibility studies to be carried out by regional centers.
Section 192.725 - Arthritis information network to be established — staff.
Section 192.735 - Definitions.
Section 192.737 - Data analysis and needs assessment.
Section 192.739 - Confidentiality of reports — release of reports, requirements.
Section 192.740 - No liability for furnishing required information, exception.
Section 192.742 - Promulgation of rules, authority for, consultation with council.
Section 192.760 - Definitions.
Section 192.769 - Notice to patients upon completion of a mammogram — effective date.
Section 192.900 - Missouri public health services fund, established, purposes.
Section 192.947 - Hemp extract, use of, immunity from liability, when.
Section 192.965 - Office on women's health created, duties.
Section 192.968 - Committee to advise the office on women's health created, duties.
Section 192.2005 - Definitions.
Section 192.2010 - Shared care program established, goals — department duties.
Section 192.2100 - Alzheimer's disease and related disorders respite care program — definitions.
Section 192.2105 - Respite care program for Alzheimer's purposes.
Section 192.2110 - Rules and regulations for respite care program, procedure.
Section 192.2150 - Department to use services of certain organizations, when.
Section 192.2200 - Definitions.
Section 192.2215 - Revocation of license, when — notification of operator.
Section 192.2220 - Exceptions to licensure requirements for adult day care centers.
Section 192.2230 - Fee for license or renewal, limitation.
Section 192.2235 - Adult daycare program manual — regional training sessions.
Section 192.2245 - License denied — suspended — revoked — hearing procedure — appeals.
Section 192.2250 - Rulemaking authority.
Section 192.2255 - Rules, authority, procedure.
Section 192.2260 - Violations, penalties.
Section 192.2275 - Cost-based uniform rate for services, budget line item.
Section 192.2300 - Definitions.
Section 192.2400 - Definitions.
Section 192.2405 - Mandatory reporters--penalty for failure to report.
Section 192.2410 - Reports, contents — department to maintain telephone for reporting.
Section 192.2415 - Investigations of reports of eligible adults, department procedures.
Section 192.2425 - Investigation of elder abuse — report.
Section 192.2430 - Duty to report, immunity.
Section 192.2440 - Assistance to be given.
Section 192.2445 - Procedure when abuse, neglect, or physical harm may be involved — remedies.
Section 192.2450 - Interference with delivery of services, effect — remedy.
Section 192.2455 - Recipient unable to give consent, procedure, remedy.
Section 192.2460 - Director may proceed under other law, when — legal counsel may be retained, when.
Section 192.2470 - Discontinuance of services, when — exception.
Section 192.2505 - Confidentiality of records, records disclosed, when.