190.091. 1. As used in this section, the following terms mean:
(1) "Bioterrorism", the intentional use of any microorganism, virus,infectious substance, or biological product that may be engineered as aresult of biotechnology or any naturally occurring or bioengineeredcomponent of any microorganism, virus, infectious substance, or biologicalproduct to cause death, disease, or other biological malfunction in ahuman, an animal, a plant, or any other living organism to influence theconduct of government or to intimidate or coerce a civilian population;
(2) "Department", the Missouri department of health and seniorservices;
(3) "Director", the director of the department of health and seniorservices;
(4) "Disaster locations", any geographical location where abioterrorism attack, terrorist attack, catastrophic or natural disaster, oremergency occurs;
(5) "First responders", state and local law enforcement personnel,fire department personnel, and emergency medical personnel who will bedeployed to bioterrorism attacks, terrorist attacks, catastrophic ornatural disasters, and emergencies.
2. The department shall offer a vaccination program for firstresponders who may be exposed to infectious diseases when deployed todisaster locations as a result of a bioterrorism event or a suspectedbioterrorism event. The vaccinations shall include, but are not limitedto, smallpox, anthrax, and other vaccinations when recommended by thefederal Centers for Disease Control and Prevention's Advisory Committee onImmunization Practices.
3. Participation in the vaccination program shall be voluntary by thefirst responders, except for first responders who, as determined by theiremployer, cannot safely perform emergency responsibilities when respondingto a bioterrorism event or suspected bioterrorism event without beingvaccinated. The recommendations of the Centers for Disease Control andPrevention's Advisory Committee on Immunization Practices shall be followedwhen providing appropriate screening for contraindications to vaccinationfor first responders. A first responder shall be exempt from vaccinationswhen a written statement from a licensed physician is presented to theiremployer indicating that a vaccine is medically contraindicated for suchperson.
4. If a shortage of the vaccines referred to in subsection 2 of thissection exists following a bioterrorism event or suspected bioterrorismevent, the director, in consultation with the governor and the federalCenters for Disease Control and Prevention, shall give priority for suchvaccinations to persons exposed to the disease and to first responders whoare deployed to the disaster location.
5. The department shall notify first responders concerning theavailability of the vaccination program described in subsection 2 of thissection and shall provide education to such first responders and theiremployers concerning the vaccinations offered and the associated diseases.
6. The department may contract for the administration of thevaccination program described in subsection 2 of this section with healthcare providers, including but not limited to local public health agencies,hospitals, federally qualified health centers, and physicians.
*7. The provisions of this section shall become effective uponreceipt of federal funding or federal grants which designate that thefunding is required to implement vaccinations for first responders inaccordance with the recommendations of the federal Centers for DiseaseControl and Prevention's Advisory Committee on Immunization Practices.Upon receipt of such funding, the department shall make available thevaccines to first responders as provided in this section.
(L. 2005 H.B. 413)Effective 6-30-05 (H.B. 413 ยง B, 2005)
*Contingent effective date