Effective - 28 Aug 2020
321.621. Epinephrine auto-injector devices, statewide standing order issued for certain areas, when — limitation on possession and use — fund created. — 1. For the purposes of this section, "qualified first responder" shall mean any state and local law enforcement agency staff, fire department personnel, fire district personnel, or licensed emergency medical technician who is acting under the directives and established protocols of a medical director who comes in contact with a person suffering from an anaphylactic reaction and who has received training in recognizing and responding to anaphylactic reactions and the administration of epinephrine auto-injector devices to a person suffering from an apparent anaphylactic reaction. "Qualified first responder agencies" shall mean any state or local law enforcement agency, fire department, or ambulance service that provides documented training to its staff related to the administration of epinephrine auto-injector devices in an apparent anaphylactic reaction.
2. The director of the department of health and senior services, if a licensed physician, may issue a statewide standing order for epinephrine auto-injector devices for adult patients to fire protection districts in nonmetropolitan areas in Missouri as such areas are determined according to the United States Census Bureau's American Community Survey, based on the most recent of five-year period estimate data in which the final year of the estimate ends in either zero or five. If the director of the department of health and senior services is not a licensed physician, the department of health and senior services may employ or contract with a licensed physician who may issue such a statewide order with the express consent of the director.
3. Possession and use of epinephrine auto-injector devices for adult patients shall be limited as follows:
(1) No person shall use an epinephrine auto-injector device pursuant to this section unless such person has successfully completed a training course in the use of epinephrine auto-injector devices for adult patients approved by the director of the department of health and senior services. Nothing in this section shall prohibit the use of an epinephrine auto-injector device:
(a) By a health care professional licensed or certified by this state who is acting within the scope of his or her practice; or
(b) By a person acting pursuant to a lawful prescription;
(2) Every person, firm, organization and entity authorized to possess and use epinephrine auto-injector devices for adult patients pursuant to this section shall use, maintain and dispose of such devices for adult patients in accordance with the rules of the department;
(3) Every use of an epinephrine auto-injector device pursuant to this section shall immediately be reported to the emergency health care provider as defined in section 190.246.
4. (1) Use of an epinephrine auto-injector device pursuant to this section shall be considered first aid or emergency treatment for the purpose of any law relating to liability.
(2) Purchase, acquisition, possession or use of an epinephrine auto-injector device pursuant to this section shall not constitute the unlawful practice of medicine or the unlawful practice of a profession.
(3) Any person otherwise authorized to sell or provide an epinephrine auto-injector device may sell or provide it to a person authorized to possess it pursuant to this section.
5. (1) There is hereby created in the state treasury the "Epinephrine Auto-injector Devices for Fire Personnel Fund", which shall consist of money collected under this section. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The moneys in the fund as set forth in this section shall be subject to appropriation by the general assembly for the particular purpose for which collected. The fund shall be a dedicated fund and money in the fund shall be used solely by the department of health and senior services for the purposes of providing epinephrine auto-injector devices for adult patients to qualified first responder agencies as used in this section.
(2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.
(3) The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
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(L. 2020 H.B. 1682)
Structure Missouri Revised Statutes
Title XXI - Public Safety and Morals
Chapter 321 - Fire Protection Districts
Section 321.010 - Definitions — election procedure.
Section 321.020 - Circuit court may establish districts.
Section 321.030 - Petition required for organization of fire district — who to sign.
Section 321.040 - Contents of petition.
Section 321.050 - Amendment of petition — similar petitions or duplicates.
Section 321.070 - Publication of notice of hearing — fixing time and place.
Section 321.080 - Jurisdiction of proceedings — judge owning property not disqualified.
Section 321.090 - Protesting petition may be filed — who to sign — contents.
Section 321.100 - Hearing — adjudication — corporate powers.
Section 321.110 - Dismissal of proceedings — costs — review.
Section 321.130 - Directors, qualifications — candidate filing fee, oath.
Section 321.150 - Filing of copies of findings and decrees incorporating district.
Section 321.160 - Board members to file oaths of office — surety bonds.
Section 321.162 - Educational training required for board of directors.
Section 321.170 - Board to select officers — seal — records.
Section 321.180 - Treasurer's duties — file bond — make annual financial statement.
Section 321.210 - Election and terms of directors — filing fee.
Section 321.220 - Powers of board — employee benefits plan.
Section 321.221 - Municipality purchasing fire protection, annual payments, how computed.
Section 321.230 - Power to levy and collect ad valorem taxes.
Section 321.240 - Tax levy, election, when — form of ballot.
Section 321.241 - Additional tax levy, when — form of ballot.
Section 321.244 - Reduced tax levy may be increased to maximum limits, by elections, ballot form.
Section 321.245 - Personnel and equipment required for dispatching center.
Section 321.250 - Board to certify rate of levy to county commission.
Section 321.260 - Matters considered when certifying annual levies — additional levies.
Section 321.270 - Duty to levy and collect taxes — delinquent taxes constitute a lien.
Section 321.280 - Property may be sold for nonpayment of taxes.
Section 321.290 - Reserve fund, taxes for.
Section 321.302 - Recording of boundary extension, duties — fees.
Section 321.310 - Exclusion of property from district on petition of property owners.
Section 321.320 - Property in city of 40,000 inhabitants not wholly within district, to be excluded.
Section 321.330 - Property not to be subject to taxes, when.
Section 321.340 - Bonds of district.
Section 321.350 - Election to vote on issuing bonds or creating indebtedness.
Section 321.360 - Form of ballot.
Section 321.370 - Results of election to be announced.
Section 321.380 - Percentage necessary to create indebtedness — subsequent submission.
Section 321.390 - Petition for dissolution of district — submission of question.
Section 321.400 - Circuit court may call for an election to determine dissolution of district.
Section 321.410 - Effect of dissolution — appointment of trustee.
Section 321.430 - Prior obligations remain valid.
Section 321.440 - When notice not given as required, procedure of court.
Section 321.450 - Cases arising under this chapter to be advanced on docket — courts always open.
Section 321.465 - Consolidated district, status — transfer of assets and liabilities.
Section 321.470 - Recording of order of consolidation — fee (constitutional charter counties).
Section 321.490 - Initiative and referendum authorized.
Section 321.495 - Form of petition.
Section 321.506 - Fire district may contract with private provider — ballot.
Section 321.556 - Repeal of sales tax, procedure, exceptions — ballot language.
Section 321.688 - Consolidation of districts — ballot language — effect of.
Section 321.700 - Dissolution of district, funds distributed to city, when.
Section 321.701 - Members of board subject to recall — exceptions.
Section 321.707 - Petition for recall, content.
Section 321.709 - Affidavit to be attached to each section of the petition — content.
Section 321.716 - Laws governing recall election, costs, how paid.