Modifies provisions relating to the administration of eye drops to newborn infants

2026 Regular Session Introduced by Lisa Durnell

Erythromycin eye drops for newborns require written parental consent and reporting within 48 hours, with tiered penalties and civil remedies for violations.

Referred: Emerging Issues(H)

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Overview

Missouri HB 2972 proposes changes to the state’s requirements for administering erythromycin eye drops to newborns. The bill preserves the option for eye prophylaxis but tightens the consent requirements, establishes reporting duties, and creates a tiered penalty structure for violations. It also clarifies civil remedies if parents are then discouraged from seeking certain state services.

Main purpose and intent

Ensure that erythromycin eye drops may be administered to newborns immediately after birth to protect against infection, but only with documented informed consent from a parent or legal guardian.

Create accountability for providers (physicians, midwives, nurses) through a formal reporting process and a graduated penalty scheme if consent is not obtained.

Empower parents with a clear recourse if they believe the administration occurred without proper consent or if state agencies overstep.

Key provisions and changes

Authorization with consent:

After birth, a physician, midwife, or nurse may administer erythromycin eye drops to the newborn to prevent birth-related infections.
Administration may not occur without written informed consent from the infant’s parent or legal guardian, and a copy of that consent must be reported to the local public health agency within 48 hours.

Reporting requirements:

Within 48 hours of administration, a written report of the eye drop administration and the informed consent must be provided to the local public health agency where the birth occurred.

Penalty structure for lack of informed consent:

First violation: written warning from the Department of Health and Senior Services.
Second violation: fine of $5,000 and a one-year suspension of the relevant professional license.
Third and subsequent violations: fine of $5,000 and revocation of the professional license.

Civil remedies for parents:

If a parent’s consent is not obtained and state agencies are contacted in violation of the bill, the parent may file a civil action in circuit court. Courts may award costs and reasonable attorney’s fees if the violation is proven.

Protection for parents:

Explicitly states that non-consent by a parent or guardian is not grounds for mandating state involvement or social services intervention.

Who is affected

Healthcare professionals (physicians, midwives, nurses) who attend births and administer prophylaxis.

Newborns receiving prophylaxis (erythromycin eye drops).

Parents and legal guardians of newborns (given the consent requirement and potential civil remedies).

State agencies, including the Department of Health and Senior Services and local public health agencies.

Licensing boards that regulate professional health-related licenses.

Procedural and timeline aspects

Implementation would apply to events following the bill’s effective date (not specified in the excerpt, but enacted through sections 210.070 and 210.100).

Administrative actions: reporting within 48 hours of administration; tiered penalties upon violations.

Enforcement: penalties administered by the Department of Health and Senior Services, with licensing actions by the appropriate professional boards.

Legal recourse: civil action available to parents in circuit court if state agencies are contacted in violation of the consent protections.