Rep. Dean Dohrman, a Republican, represents Johnson, Pettis, and Saline counties (District 51). He was elected to his first two-year term in November 2012. In addition to his legislative duties, Rep. Dohrman is an online professor. Rep. Dohrman is a member of Warrensburg and Sedalia Area Chamber of Commerce, and Sedalia Lions Club. He attends Wesley United Methodist Church. A graduate of LaMonte High, Rep. Dohrman earned his PhD from the University of Missouri-Kansas City in 2004. Born in Warrensburg, Rep. Dohrman currently lives in LaMonte.

Capitol Report: July 20, 2017

Posted Friday, July 21, 2017, at 10:17 AM

As mentioned in last week’s report, the Missouri Department of Agriculture recently placed a temporary ban on the use of dicamba. The ban is now lifted.

As you recall, after more than 140 complaints of damage from those not using the product (dicamba is an indiscriminant broadleaf herbicide, so drift onto unintended crops is a problem), the department called for a temporary stoppage of its use. Late last week, the Department of Agriculture announced the lift on the dicamba ban with certain restrictions. Missouri Farmer Today covers many of the restrictions in further detail (http://www.missourifarmertoday.com/news/crop/missouri-allows- dicamba-use-to-resume-with-conditions/article_cd4c84f2-6895-11e7-aaa4-87a7de107167.html).

Also, the second extraordinary session continues. As mentioned in past reports, the special session was called by the Governor to address health and safety requirements for abortion clinics. The legislation moved from the Senate, to the House, and then back to the Senate, where it currently awaits further action. The Senate will possibly act on the legislation when they convene next Monday.

Finally as promised, four additional TAFP’d bills are also summarized below. More TAFP’d bill summaries will follow in the weeks to come. Finally, before Veto Session in September, the governor’s actions on all bills will be reviewed. However, we will begin this week’s review with a reaction to some media reports, and some facts concerning the state budget.

When is a PDMP Not a PDMP?

When the database is initiated by executive order, but you might not know this confusing detail by reading news reports. It is a very complex issue.

As you know, the General Assembly has had several proposals for a Prescription Drug Monitoring Program (PDMP) during the time I have been a representative. With concerns for the protection of privacy, none of these have passed the finish line to go to the second floor and onto the governor’s desk. This week Governor Greitens took a step he believes will help reduce the opioid epidemic in our state. The system as ordered in Executive Order 17-18, is different from the plan proposed by the legislature, but it has the same intent of preventing the over-prescribing and misuse of opioids such as Vicodin, OxyContin, and Percocet.

The governor’s plan calls for the Department of Health and Senior Services to create a database that will specifically target "pill mills" that pump out prescription drugs at “dangerous and unlawful levels.” The department will work with private sector partners to obtain shielded data that can be used to target abusers. The system is also meant to enable the department to better inform doctors, nurses, pharmacists, other healthcare providers, and patients and their families about best practices in pain management to decrease the excessive use of opioids.

The governor’s plan is significantly different from the one that moved through the legislature during the 2017 session, and programs in every other state in the nation. The plan adopted this year by the House would have tracked when patients are prescribed opioids and allowed doctors to have access to data so they could look for signs of abuse. The governor’s plan does not put this information in the hands of physicians, but instead focuses the data collection effort on those who prescribe and distribute addictive prescription medications rather than on the patient.

The governor’s program will now be put in place by the Department of Health and Senior Services at a startup cost of approximately $250,000. The department will enter into a contract with Express Scripts to establish the program, and will need to add staff to administer it. Under the order, the money for the program will come from the Department of Social Services under Medicaid. You may view the executive order at, http://themissouritimes.com/wp-content/uploads/2017/07/EO-17-18- PDMP-7.14.17.pdf .

Truly Agreed to and Finally Passed Bills

SB31 (Signed by Governor 7/5) - Modifies provisions relating to the collateral source rule and provides that parties may introduce evidence of the actual cost, rather than the value, of the medical care rendered

Under the act, special damages claimed by the plaintiff at trial that have been satisfied by a payment from a defendant, the defendant's insurer, or authorized representative prior to trial are not recoverable. The defendant is entitled to deduct such payments towards special damages from any judgement as provided in current law.

Parties may introduce evidence of the actual cost, rather than the value, of the medical care or treatment to the plaintiff, and the act repeals a provision of law which provides that there is a rebuttable presumption that the value of the medical treatment provided is represented by the dollar amount necessary to satisfy the financial obligation to the health care provider. The actual cost of the medical care or treatment shall not exceed the dollar amounts paid by or on behalf of a patient whose care is at issue plus any remaining amount necessary to satisfy the financial obligation for medical care by a health care provider after adjustment for any contractual discounts or price reduction.

SB34 (Signed by Governor 7/6) - Creates and modifies provisions relating to criminal offenses

Under current law, if an assault in the third degree or harassment in the first degree is believed to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation, or disability of the victim, such violation shall be a Class E felony. This act makes such a violation a Class D felony.

The act further stipulates that if assault in the fourth degree is believed to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation, or disability of the victim, such violation shall be a Class E felony.

Under current law, the offense of domestic assault in the fourth degree is a Class A misdemeanor, unless the person has previously been found guilty of assault of a domestic victim two or more times, in which case such offense is a Class E felony.

This act, among other provisions, provides that domestic assault in the fourth degree is a Class E felony if the person has previously been found guilty of any assault offense under state law or of any offense against a domestic victim under any local ordinance, or any state, federal, or military law which would constitute domestic assault in the fourth degree if committed in this state two or more times.

SB35 (Signed by Governor 7/10) - Changes the law regarding state purchases of land

Under this act, when the Department of Natural Resources or the Commissioner of Administration on behalf of a state department, contracts to purchase land of 60 acres or more or with a cost of more than $250,000 in a single transaction, the respective department is required to take certain actions, including providing public notice on its website, to elected officials, and in a newspaper, holding a public hearing in affected counties, and providing public notice of the public hearing as set forth in this act.

SB43 (Signed by Governor 6/30) - Modifies the law relating to unlawful discrimination

Prior to SB43, the court interpretation of the Missouri Human Rights Act (MHRA) stood as a practice that would be unlawful when a protected class served as a contributing factor in the decision to discriminate. This is the lowest legal bar to clear. SB43 changes that standard to the motivating factor. The motivating factor is defined to mean that the employee's protected classification actually played a role in the adverse action or decision, and played a determining influence on the adverse decision or action and the resulting damages. This is the middle ground (exclusive factor is self-explanatory). The motivation adopted in SB43 is the standard used in federal cases.

It is an honor to serve the 51st District in the Missouri House of Representatives. Each week I will issue a capitol report to keep you informed of activities in Jefferson City. Any concerns or issues you might have are of great interest to me. I look forward to your input and thoughts, so please feel free to contact me at any time if you have questions, concerns, or ideas to improve our state government and the quality of life for all Missourians. My telephone number is 573-751-2204 or you may contact me by email at dean.dohrman@house.mo.gov. Thank you for working with me to make Missouri a great place to live.