Proposed Rules
The following are summaries and other information related to Proposed Rules that the Missouri Department of Health & Senior Services has submitted to the Secretary of State for Publication in the Missouri Register. These rules will not go into effect until the public has had an opportunity to submit written comments, and to attend a public hearing if one is scheduled.
Any person may offer comments on a Proposed Rule. The instructions for submitting comments, and the location and date of a hearing if one is scheduled, are located after the text of each rule. Note that the official text of a Proposed Rule is the version that appears in the Missouri Register, not the draft copy on this site. Refer to the official copy if you wish to submit comments.
We hope you find this site helpful and informative.
Section 536.175, RSMo, requires a five year rolling review by all departments of their existing rules. DHSS was required to begin their review no later than July 1, 2018, and to complete said review no later than June 30, 2019. As a result, the department reviewed 759 rules, received zero comments, and prepared the above report, which was timely filed with the Joint Committee on Administrative Rules.
| Proposed Rule | Summary | Fiscal Note(s) |
Material Incorporated by Reference |
Link to Missouri Register |
Date Posted |
|---|---|---|---|---|---|
| 19 CSR 25-30.060 Operating Procedures for Breath Analyzers |
19 CSR 25-30.060: PURPOSE: This amendment removes the references to two (2) instruments that are no longer used for evidential testing in Missouri. | N/A |
Form Number 8 Form Number 11 Form Number 12 Form Number 13 |
10.4.19 | |
| 19 CSR 25-30.041 Type III Permit |
19 CSR 25-30.041: PURPOSE: This amendment updates the permit and application forms that follow the rule. | N/A |
Application Permit |
10.4.19 | |
| 19 CSR 25-30.031 Type II Permit |
19 CSR 25-30.031: PURPOSE: This amendment removes two forms from the rule as well as removes the references to two instruments that are no longer used for evidential testing in Missouri. | N/A |
Application Permit Report Number 1 Report Number 3 Report Number 7 |
10.4.19 | |
| 19 CSR 25-30.021 Type I Permit |
19 CSR 25-30.021: PURPOSE: This amendment updates the accreditation standard, clarifies the responsibilities of the laboratories and permittees, and updates the proficiency standard requirements for laboratories and permittees. | N/A |
Application Permit |
10.4.19 | |
| 19 CSR 25-30.011 General Provisions for the Determination of Blood, Breath, Saliva, or Urine Analysis and Drug Testing 19 CSR 25-30.050 Approved Breath Analyzers 19 CSR 25-30.051 Breath Analyzer Calibration and Accuracy Verification Standards 19 CSR 25-30.070 Approval of Methods for the Determination of Blood Alcohol Content From Samples of Blood, Saliva, or Urine 19 CSR 25-30.080 Approval of Methods for the Analysis of Blood, Saliva, and Urine for the Presence of Drugs |
19 CSR 25-30.011: PURPOSE: This amendment updates the statutory references to those statutes that are now applicable, removes the address and expands the records that are available from the department. 19 CSR 25-30.050: PURPOSE: This amendment removes two instruments that are no longer used for evidential testing in Missouri. 19 CSR 25-30.051: PURPOSE: This amendment further defines the required certification of breath alcohol simulators, the reporting of simulator certification on maintenance checks, adds a new supplier of compressed gas mixtures, and removes a reference to restrictions that only applied to instruments no longer used for evidential breath alcohol testing in Missouri. 19 CSR 25-30.070: PURPOSE: This amendment combines two similar rules and updates the statutory references and analytical methodologies that are now applicable. 19 CSR 25-30.080: PURPOSE: This rule is being rescinded as relevant portions of this rule have been merged with 19 CSR 25-30.070. |
N/A |
N/A |
10.4.19 | |
| 19 CSR 30-82.030 Assessment of Availability of Beds |
This rule is being rescinded since the Section for Long-Term Care Regulation and the Missouri Health Facilities Review Committee no longer utilize the procedures in determining availability of beds. Furthermore, the Certificate of Need Program has established its own regulations and procedures for the criteria in determining approval of long-term care beds in varying localities. | N/A |
N/A |
9.25.19 | |
| 19 CSR 10-4.020 J-1 Visa Waiver Program |
This rule clarifies the process for physicians to receive J-1 visa waivers in order to practice in the state of Missouri. | N/A |
N/A |
9.18.19 | |
| 19 CSR 10-4.020 J-1 Visa Waiver Program |
This rule is being updated and replaced with a rule that clarifies the process for physicians to receive J-1 visa waivers in order to practice in the state of Missouri. | N/A |
N/A |
9.18.19 | |
| 19 CSR 30-40.750 ST-Segment Elevation Myocardial Infarction (STEMI) Center Designation Application and Review |
This amendment adds options for hospitals which are certified as STEMI centers as a Primary Heart Attack Center by the Joint Commission to become designated as a level II STEMI center and as an Acute Heart Attack Ready Center by the Joint Commission to become designated as a Level III STEMI Center without being reviewed by DHSS (the department). This amendment also updates the application for STEMI certified hospital designation with adding the Primary Heart Attack Center and Acute Heart Attack Ready Center options. | N/A |
Application for ST-Elevation Myocardial Infarction (STEMI) Certified Hospital Designation |
8.29.19 | |
| 19 CSR 60-50.900 Administration |
The committee proposes to amend the title of the CONP director. The term “director” is assigned to the leader of a division. | N/A |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 60-50.800 Meeting Procedures |
The committee proposes to amend this rule for verbiage updates and require addition of agenda items to be received by the CONP office in a specific timeframe. | N/A |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 60-50.700 Post-Decision Activity |
The committee proposes to amend periodic progress reporting requirements and requiring an extension form to be filled out when submitting an extension request. | N/A |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 60-50.600 Certificate of Need Decisions |
The committee proposes to amend this rule to reduce the timeframe a committee member can submit their expedited CON ballot. | N/A |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 60-50.500 Additional Information |
The committee proposes to amend this rule for verbiage updates and reduce the timeframe an applicant can submit their written response to an incomplete application and information submitted by affected persons before a scheduled committee meeting. | N/A |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 60-50.470 Criteria and Standards for Financial Feasibility |
The committee proposes to amend this rule to require skilled nursing and intermediate care facilities to provide Medicaid eligible admission information. | N/A |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 60-50.450 Criteria and Standards for Long-Term Care |
The committee proposes to amend this rule for statute and verbiage updates and increase the population projected year used for new or additional long term care beds. Additionally, the committee proposes to require licensed facilities adding beds to their facility to state if the facility received any class I patient care deficiencies in the last 18 months. | N/A |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 60-50.440 Criteria and Standards for Equipment and New Hospitals |
The committee proposes to amend this rule for verbiage updates and increase the population projected year used for new and additional equipment projects and new hospital projects. | N/A |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 60-50.430 Application Package |
The committee proposes to amend this rule for statute and verbiage updates and add the requirement for the application package to include a timeline of events for the project proposal. | N/A |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 60-50.420 Review Process |
The committee proposes to amend this rule for verbiage updates. | N/A |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 60-50.410 Letter of Intent Package |
This committee proposes to amend this rule for statute updates and expand items to be included on the Letter of Intent. | N/A |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 60-50.400 Letter of Intent Process |
The committee proposes to amend this rule for statute updates and to expand the cost definition. | N/A |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 60-50.300 Definitions for the Certificate of Need Process |
The committee proposes to amend this rule for statute and verbiage updates. | Private Fiscal Note |
Contact Person Correction Alison Dorge, Program Coordinator |
Scheduled publication date is Sept. 16, 2019 |
8.19.19 |
| 19 CSR 20-20.020 Reporting [Communicable, Environmental, and Occupational] Infectious, Contagious, Communicable or Dangerous Diseases. |
This rule designates the diseases which are infectious, contagious, communicable or dangerous and must be reported to the local health authority or the Department of Health and Senior Services. It also establishes when they must be reported. | N/A | N/A | Scheduled publication date is Aug. 1, 2019 Volume 44 Number 15 |
6.27.19 |
| 19 CSR 20-20.040 [Measure for the Control of Communicable, Environmental and Occupational Diseases] Measures to Determine the Prevalence and Prevent the Spread of Diseases which are Infectious, Contagious, Communicable or Dangerous in their Nature. |
This rule sets forth methods to determine the prevalence and to prevent the spread of diseases which are infectious, contagious, communicable or dangerous in their nature within Missouri including notification of the public and potentially exposed individuals and the issuance of orders. | N/A | N/A | Scheduled publication date is Aug. 1, 2019 Volume 44 Number 15 |
6.27.19 |
| 19 CSR 10-15.060 Prohibition on Expenditure of Funds |
This rule defines terms used in House Bill 10, 100th General Assembly, First Regular Session, for purposes of expenditures by the Department of Health and Senior Services. | N/A | N/A | Scheduled publication date is Aug. 1, 2019 Volume 44 Number 15 |
6.27.19 |
| 19 CSR 30-30.060 Standards for the Operation of Abortion Facilities |
This proposed amendment requires the physician who will perform or induce an abortion to perform a pelvic examination at least 72 hours before an abortion unless—in the clinical judgment of that physician—such pelvic examination is not medically indicated at such time for that individual patient, with such determination being documented in detail in the patient’s medical record. A pelvic examination would remain required before all abortions. | N/A | N/A | Scheduled publication date is Aug. 1, 2019 Volume 44 Number 15 |
6.27.19 |
| 19 CSR 30-95.110 Physicians |
Under Article XIV of the Missouri Constitution, patients with qualifying medical conditions have the right to discuss freely with their physicians the possible benefits of medical marijuana use, and physicians have the right to provide professional advice concerning the same. This rule explains how the department will implement provisions of Article XIV related to Physicians. | Private Fiscal Note | If you have questions regarding the materials, contact:
http://medicalmarijuana.mo.gov. For questions, contact the Section for Medical Marijuana Regulation medicalmarijuanainfo@health.mo.gov |
Scheduled publication date is July 1, 2019 https://www.sos.mo.gov/adrules/moreg/moreg |
6.11.19 |
| 19 CSR 30-95.100 Transportation Facility |
Under Article XIV of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control Medical Marijuana Facilities. This rule explains what regulations apply only to Transportation Facilities | Private Fiscal Note | n/a | Scheduled publication date is July 1, 2019 https://www.sos.mo.gov/adrules/moreg/moreg |
6.11.19 |
| 19 CSR 30-95.090 Seed to Sale Tracking |
Under Article XIV of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control Medical Marijuana Facilities. This rule explains what regulations apply to certification of Seed-to-Sale tracking systems. | Public Fiscal Note Private Fiscal Note |
If you have questions regarding the materials, contact:
http://medicalmarijuana.mo.gov. For questions, contact the Section for Medical Marijuana Regulation medicalmarijuanainfo@health.mo.gov |
Scheduled publication date is July 1, 2019 https://www.sos.mo.gov/adrules/moreg/moreg |
6.11.19 |
| 19 CSR 30-95.080 Dispensary Facility |
Under Article XIV of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control Medical Marijuana Facilities. This rule explains what regulations apply only to Dispensary Facilities. | Private Fiscal Note | If you have questions regarding the materials, contact:
http://medicalmarijuana.mo.gov. For questions, contact the Section for Medical Marijuana Regulation medicalmarijuanainfo@health.mo.gov |
Scheduled publication date is July 1, 2019 https://www.sos.mo.gov/adrules/moreg/moreg |
6.11.19 |
| 19 CSR 30-95.070 Testing Facility |
Under Article XIV of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control Medical Marijuana Facilities. This rule explains what regulations apply only to Testing Facilities. | Private Fiscal Note | n/a | Scheduled publication date is July 1, 2019 https://www.sos.mo.gov/adrules/moreg/moreg |
6.11.19 |
| 19 CSR 30-95.060 Infused Products Manufacturing Facility |
Under Article XIV of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control Medical Marijuana Facilities. This rule explains what regulations apply only to Infused Products Manufacturing Facilities. | Private Fiscal Note | n/a | Scheduled publication date is July 1, 2019 https://www.sos.mo.gov/adrules/moreg/moreg |
6.11.19 |
| 19 CSR 30-95.050 Cultivation Facility |
Under Article XIV of the Missouri Constitution, the Department of Health and Senior Services has the authority to regulate and control Medical Marijuana Facilities. This rule explains what regulations apply only to Cultivation Facilities. | Private Fiscal Note | n/a | Scheduled publication date is July 1, 2019 https://www.sos.mo.gov/adrules/moreg/moreg |
6.11.19 |
| 19 CSR 30-95.040 Medical Marijuana Facilities Generally |
Under Article XIV of the Missouri Constitution, the Department of Health and Senior Services is authorized to regulate and control the operations of Cultivation, Infused Product Manufacturing, Dispensary, Testing, and Transportation facilities, and to grant, refuse, suspend, fine, restrict, or revoke the licenses and certifications for such facilities. This rule explains how this authority will be exercised. | Public Fiscal Note Private Fiscal Note |
If you have questions regarding the materials, contact:
http://medicalmarijuana.mo.gov. For questions, contact the Section for Medical Marijuana Regulation medicalmarijuanainfo@health.mo.gov |
Scheduled publication date is July 1, 2019 https://www.sos.mo.gov/adrules/moreg/moreg |
6.11.19 |
| 19 CSR 30-95.030 Qualifying Patient / Primary Caregiver |
Under Article XIV of the Missouri Constitution, patients with qualifying medical conditions have the right to discuss freely with their physicians the possible benefits of medical marijuana use and the right to use medical marijuana for treatment under the supervision of a physician. Pursuant to the same Article, the Department of Health and Senior Services is tasked with ensuring patient access to medical marijuana, subject to reasonable restrictions. This rule explains how the department will implement provisions of Article XIV related to Qualifying Patients and Primary Caregivers. | Public Fiscal Note Private Fiscal Note |
If you have questions regarding the materials, contact:
http://medicalmarijuana.mo.gov. For questions, contact the Section for Medical Marijuana Regulation medicalmarijuanainfo@health.mo.gov |
Scheduled publication date is July 1, 2019 https://www.sos.mo.gov/adrules/moreg/moreg |
6.11.19 |
| 19 CSR 30-95.025 Generally Applicable Provisions |
The Department of Health and Senior Services has the authority to promulgate rules for the enforcement of Article XIV. This rule explains what general provisions are necessary for the enforcement of the Article. | Public Fiscal Note | If you have questions regarding the materials, contact:
http://medicalmarijuana.mo.gov. For questions, contact the Section for Medical Marijuana Regulation medicalmarijuanainfo@health.mo.gov |
Scheduled publication date is July 1, 2019 https://www.sos.mo.gov/adrules/moreg/moreg |
6.11.19 |
| 19 CSR 30-95.010 Definitions | This rule defines terms used in Chapter 95. | n/a | n/a | Scheduled publication date is July 1, 2019 https://www.sos.mo.gov/adrules/moreg/moreg |
6.11.19 |
| 19 CSR 73-2.011 Fee Waiver for Military Families and Low-Income Individuals |
This rule complies with section 324.015.6, RSMo, which requires the Board of Nursing Home Administrators to promulgate rules to implement the provisions of section 324.015, RSMo, the waiver of occupational fees for military families and low-income individuals for a period of two (2) years. |
n/a |
n/a |
Vol. 44, No. 7 | 2.27.19 |
| 19 CSR 20-60.010 Levels of Maternal and Neonatal Care Designations |
This rule establishes criteria and procedures for reporting standardized assessments and levels of maternal and neonatal care designations for birthing facilities. |
The LOCATe tool (version 0.80) | Volume 44, Number 3 | 2.1.19 | |
| 19 CSR 25-36.010 Testing for Metabolic and Genetic Disorders |
This amendment makes grammatical changes, clarifies wording for consistency, and increases the fee ceiling for the specimen screening. |
Volume 44, Number 5 | 1.28.19 | ||
| 19 CSR 30-95.020 General Provisions |
This rule explains where and when licensing application fees may be pre-filed with the Department of Health and Senior Services and provides the form for pre-filing licensing application fees. |
n/a | Pre-files License Application Fees | January 15, 2019 issue; Volume 44, Number 2 | 1.11.19 |
| 19 CSR 30-1.002 Schedules of Controlled Substances | This amendment updates the list of all drugs falling within the purview of controlled substances to match the corresponding list promulgated by the Drug Enforcement Agency (DEA) | n/a | 10.29.18 | ||
| 19 CSR 30-1.078 Disposing of Unwanted Controlled Substances |
This amendment establishes the process for authorized registrants to collect unwanted controlled substances through collection receptacles or a mail-back program and amends requirements for destruction of controlled substances by registrants. | n/a | Missouri Register | 10.17.18 | |
| 19 CSR 30-1.064 Partial Filling of Controlled Substance Prescription |
This amendment establishes conditions under which the partial filling of prescriptions in Schedules II, III, IV, or V is permissible | n/a | Missouri Register | 10.17.18 | |
| 19 CSR 30-1.023 Registration Changes |
This amendment allows authorized registrants to modify their registration to allow the collection of unwanted controlled substances. | n/a | Missouri Register | 10.17.18 | |
| 19 CSR 10-10.130 Missouri Adoptee Rights | This rule provides the process for an adoptee, an adoptee’s attorney, and the birth parents of an adoptee to receive a copy of the adoptee’s original birth certificate, the process for a birth parent and the adoptee to state his or her contact preference regarding whether and how the adoptee/birth parent can contact him or her, the process for completion of a medical history form by a birth parent, and the process for lineal descendants of a deceased adoptee to receive a copy of the adoptee’s original birth certificate. |
Cover Sheet for Birth Parent Contact Preference Form (August 2018) Birth Parent Contact Preference Form (August 2018) Cover Sheet for Birth Parent Medical History Form (August 2018) Birth Parent Medical History Form (August 2018) Cover Sheet for Adoptee Contact Preference Form (August 2018) Adoptee Contact Preference Form (August 2018) |
Volume 43 Number 20 | ||
|
Registration of Training Agencies and Single Offering Providers |
This amendment allows a two-year training agency status versus the one (1) year and less time constraints on submission of continuing education offerings. | n/a | Volume 43 Number 19 | ||
|
Inactive Licensure Status |
This amendment removes the requirement for notarization of requests for inactive status and clarifies the procedures to put the license in inactive status, renew inactive status, and reactivate the license. |
n/a | Volume 43 Number 19 | ||
|
Retired Licensure Status |
This amendment deletes the notarization requirement and clarifies the procedures to retire or reactivate the license. |
n/a | Volume 43 Number 19 | ||
|
Renewal of Licenses |
This amendment allows the Missouri Board of Nursing Home Administrators to notify its licensees of renewals and for licensees to renew their licenses by electronic means according to the provisions of section 344.040, RSMo, and allows licensees to carry over continuing education hours from one licensure period to another. | n/a | Volume 43 Number 19 | ||
|
Procedures and Requirements for Limited Licensure of Administrators |
This rule specifies the minimum requirements for limited licensure as a nursing home administrator in Missouri as outlined in section 344.030.3, RSMo. | n/a | Volume 43 Number 19 |