HOUSE BILL NO. 3361 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE KIMBLE.
7129H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 21.790, RSMo, and to enact in lieu thereof two new sections relating to substance abuse prevention and treatment.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 21.790, RSMo, is repealed and two new sections enacted in lieu 2 thereof, to be known as sections 21.790 and 631.185, to read as follows: 21.790. 1. There is hereby established the "Task Force on Substance Abuse 2 Prevention and Treatment". The task force shall be composed of six members from the house 3 of representatives, six members from the senate, and [four] five members appointed by the 4 governor. The senate members of the task force shall be appointed by the president pro 5 tempore of the senate and the house members by the speaker of the house of representatives. 6 There shall be at least two members from the minority party of the senate and at least two 7 members from the minority party of the house of representatives. The members appointed by 8 the governor shall include one member from the health care industry, one member who is a 9 first responder or law enforcement officer, one member who is a member of the judiciary or a 10 prosecuting attorney, one member who has personal experience with substance abuse, and 11 one member representing a substance abuse prevention advocacy group. 12 2. The task force shall select a chairperson and a vice-chairperson, one of whom shall 13 be a member of the senate and one a member of the house of representatives. A majority of 14 the members shall constitute a quorum. The task force shall meet at least once during each 15 legislative session and at all other times as the chairperson may designate. 16 3. The task force shall:
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3361 2
17 (1) Conduct hearings on current and estimated future drug and substance use and 18 abuse within the state; 19 (2) Explore solutions to substance abuse issues; [and] 20 (3) Make specific recommendations on age-appropriate fentanyl education in 21 schools; 22 (4) Create a model for sober-living homes and facilities; 23 (5) Develop a curriculum and educational materials about treatment centers; 24 (6) Create guidelines on the length of sobriety required for a person to qualify as 25 a peer specialist; 26 (7) Appoint members to the volunteer civilian oversight board for state-funded 27 substance abuse treatment facilities established under section 631.185; and 28 (8) Draft or modify legislation as necessary to effectuate the goals of finding and 29 funding education and treatment solutions to curb drug and substance use and abuse. 30 4. The task force may make reasonable requests for staff assistance from the research 31 and appropriations staffs of the senate and house of representatives and the joint committee 32 on legislative research. In the performance of its duties, the task force may request assistance 33 or information from all branches of government and state departments, agencies, boards, 34 commissions, and offices. 35 5. The task force shall report annually to the general assembly and the governor. The 36 report shall include recommendations for legislation pertaining to substance abuse prevention 37 and treatment. 631.185. 1. There is hereby established the "Volunteer Civilian Oversight Board 2 for State-Funded Substance Abuse Treatment Facilities", which shall consist of twelve 3 volunteer members to be appointed by the task force on substance abuse prevention and 4 treatment created in section 21.790. 5 2. The board shall be under the supervision of the task force on substance abuse 6 prevention and treatment. Appointments to the board shall ensure representation from 7 diverse backgrounds, with the board to include at least: 8 (1) One member with lived experience in recovery from substance abuse; 9 (2) One member who is a community leader; 10 (3) One member who represents the faith-based community; 11 (4) One member who represents a nonprofit organization; 12 (5) One member who is a public safety professional; 13 (6) One member who is a health care professional; and 14 (7) One member who represents the community at large. HB 3361 3
15 3. Members of the board shall serve without compensation. The task force on 16 substance abuse prevention and treatment may require prospective members to pass a 17 criminal background check before appointment to the board. 18 4. The board may: 19 (1) Conduct unannounced walkthrough inspections of state-funded substance 20 abuse treatment facilities, provided that no fewer than three members participate in any 21 walkthrough; 22 (2) Access common areas of state-funded substance abuse treatment facilities at 23 any time for compliance review; 24 (3) Monitor the daily operations of state-funded substance abuse treatment 25 facilities to ensure adherence to state laws, licensing standards, and regulatory 26 requirements; 27 (4) Interview residents of state-funded substance abuse treatment facilities 28 regarding their treatment experience; 29 (5) Interview employees of state-funded substance abuse treatment facilities 30 regarding operational practices and compliance standards; 31 (6) Document findings and submit written reports to the task force on substance 32 abuse prevention and treatment or any entity designated by the task force; 33 (7) Serve as a liaison between treatment centers, community members, and the 34 state; 35 (8) Review and provide recommendations regarding the allocation and 36 expenditure of opioid settlement funds; and 37 (9) Track spending of opioid-related funds to promote transparency and 38 community accountability. 39 5. The board shall not access confidential medical records or protected health 40 information. All activities of the board shall comply with applicable federal and state 41 privacy laws, including the federal Health Insurance Portability and Accountability Act 42 (HIPAA). 43 6. Reasonable administrative expenses necessary for the functioning of the 44 board, including materials, training, transportation, and public awareness activities, 45 may be funded through designated opioid settlement funds. 46 7. The board shall submit an annual public report to the general assembly 47 summarizing findings, compliance concerns, recommendations, and funding 48 transparency reviews. ✔
Statutes affected: