SPONSOR: Baker
This bill establishes the "Do No Harm Act" and provides terms and definitions relating to "academic standards", "health care related academic programs", "medical institutions of higher education" and "Diversity-Equity-Inclusion" or "DEI" among others.
The bill prohibits medical institutions of higher education from expending any funds to establish, sustain, support, or staff a DEI office, as well as contracting, employing, or hiring anyone to serve as a DEI officer. This is not to be construed to affect funding by such an institution of course instruction, research and creative works by those involved with the institution, activities of registered student organizations, arrangements for guest speakers or other short-term engagements, or mental and physical health services offered by licensed professionals.
This bill additionally requires any funds that would have been expended for DEI offices or officers in fiscal year 2025 to be reallocated to merit scholarships for lower-and-middle-income students, and to reduce tuition for in-state students.
The bill requires medical institutions of higher education to file a report with the Department of Higher Education, before the expenditure of any funds appropriated for fiscal year 2025, that discloses the steps taken to comply with the requirements set forth in this bill as well as the number and job titles of those deemed to be required by the obligations of the institution to comply with several applicable federal laws and regulations. The institution is required to make this report available for the public.
This bill requires medical institutions of higher education to publish titles and syllabi for all mandatory courses, seminars, classes and trainings on a public online database, and prohibits institutions from conducting DEI audits or hiring DEI consultants.
The bill requires medical institutions of higher education to submit an annual certification by December 31st to the State Board of Registration for Healing Arts, within the Department of Commerce and Insurance, and the coordinating Board of Higher Education, within the Department of Higher Education, that the institution does not require applicants or students to subscribe to DEI ideologies, does not discriminate against those who do not subscribe to such ideologies, and does not require the study of such ideologies for admitted students. This bill requires medical institutions of higher education, except for open-enrollment institutions, to require applicants to complete a standardized admissions test and outlines academic standards for health care related courses of study, as specified in the bill. If a medical institution of higher education wants to alter the standards for admissions, the new standards must be submitted to the General Assembly and the Coordinating Board for Higher Education. The proposed standards shall not be effective until at least 60 days have passed during which a joint resolution of disapproval may be passed by both chambers and approved by the Governor to invalidate any such submitted standards.
The bill prohibits medical institutions of higher education and medical institutional review boards that may be associated with such institutions from:
(1) Requiring any applicant, employee, student, or contractor to endorse any discriminatory ideology;
(2) Requiring any applicant, employee, student, or contract to provide a statement of diversity, equity, and inclusion;
(3) Giving preferential consideration to any applicant, employee, student, or contractor on the basis of his or her provision of an unsolicited statement related to a discriminatory ideology; or
(3) Preventing an applicant or candidate from providing any information described in this provision of the bill on his or her own accord.
The bill restricts health care-related professional licensing boards from having any requirements for obtaining or renewing licenses associated with DEI related materials or programs. State- required health care-related professional certifications shall not use DEI material or require DEI training as part of the certification process. Such boards and organizations are prohibited from conducting DEI audits or hiring DEI consultants.
Health care providers and medical institutions of higher education are prohibited from receiving state contracts or grants without certifying that the provider or institution will not require specified individuals from subscribing to, studying, or receiving instruction on DEI material. Such providers and institutions must submit annual certification attesting to their compliance.
All state entities applying for any Federal health care related grant relating to DEI shall publish on a public website all materials, requirements, and instructions relating to the grant application along with a copy of the grant proposal to the State Board of Registration for the Healing Arts and to the members of the House and Senate Committees on Health Policy.
The bill provides any aggrieved person a cause of action for any violations of these sections to include declaratory and injunctive relief, damages of at least $100,000 against the health care provider or medical institution of higher education for any violations, compensatory damages, and costs and attorney fees. Furthermore, the bill waives sovereign immunity for such providers and institutions for up to a year after any violation.
This bill requires any medical institution of higher education to annually submit certification of compliance to the State Board of Registration for the Healing Arts with Sections 191.1770 to 191.1810, RSMo, and authorizes the Attorney General to investigate allegations of violations.
The State Board of Registration for the Healing Arts shall publish on its website annually a list of all the health care providers and medical institutions that have provided annual certification.
This bill is similar to HCS HB 489 (2023).
Statutes affected: