Missouri HB 2735: Creates provisions relating to the use of reproductive or sexual health application information

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2735
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WOODS.
5321H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
To amend chapter 191, RSMo, by adding thereto one new section relating to reproductive or
sexual health application information.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 191, RSMo, is amended by adding thereto one new section, to be
2 known as section 191.753, to read as follows:
191.753. 1. For purposes of this section, the following terms mean:
2 (1) "Gender transition", the same meaning given to the term in section 191.1720;
3 (2) "Government entity", any state agency, state or local law enforcement
4 agency, or peace officer;
5 (3) "Health care service", the same meaning given to the term in section
6 376.1350. The term "health care service" shall also include:
7 (a) Any service involving the performance of an abortion, as defined in section
8 188.015; and
9 (b) Any service involving care in connection with a gender transition;
10 (4) "Health digital service", a mobile-based application or internet website that
11 collects reproductive or sexual health application information or any other health
12 information from a consumer, markets itself as facilitating reproductive or sexual health
13 services or any other health services to a consumer, and uses the information to facilitate
14 reproductive or sexual health services or any other health services to a consumer;
15 (5) "Peace officer", the same meaning given to the term in section 542.261;
16 (6) "Reproductive or sexual health application information", information about
17 a consumer's reproductive health, menstrual cycle, fertility, pregnancy, pregnancy
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.

18 outcome, plans to conceive, or type of sexual activity collected by a health digital service
19 including, but not limited to, information from which one can infer someone's
20 pregnancy status, menstrual cycle, fertility, hormone levels, birth control usage, sexual
21 activity, or gender identity;
22 (7) "State agency", the same meaning given to the term in section 536.010.
23 2. A health digital service shall not share, sell, or use any reproductive or sexual
24 health application information collected from any consumer for any purpose without
25 obtaining affirmative consent from the consumer for each instance of sharing, selling, or
26 using such information.
27 3. Except for the purpose of a criminal investigation as described in subsection 4
28 of this section, a government entity shall not require a health digital service to release
29 any reproductive or sexual health application information.
30 4. The provisions of this section shall not prohibit the release of reproductive or
31 sexual health application information to a government entity without the consumer's
32 affirmative consent if:
33 (1) The release of the reproductive or sexual health application information is
34 for the purpose of a criminal investigation into any matter other than a matter involving
35 a violation or potential violation of chapter 188;
36 (2) The government entity is not seeking the reproductive or sexual health
37 application information for the purpose of determining whether a consumer received a
38 health care service in another state;
39 (3) The government entity is not seeking the reproductive or sexual health
40 application information for the purpose of determining the outcome of a pregnancy;
41 and
42 (4) The government entity is not seeking the reproductive or sexual health
43 application information for the purpose of determining whether a consumer sought care
44 in connection with a gender transition.
✔
HB 2735 2