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Summary of Osteoporosis Laws & Legislation in the United States
Updated September 2008
Osteoporosis is a major public health threat for an estimated 44 million Americans, or 55 percent of the people 50 years of age and older. In the U.S., 10 million individuals are estimated to already have the disease and almost 34 million more are estimated to have low bone mass, placing them at increased risk for osteoporosis. Of the 10 million Americans estimated to have osteoporosis, eight million are women and two million are men. Significant risk has been reported in people of all ethnic backgrounds.
While osteoporosis is often thought of as an older person's disease, it can strike at any age. Osteoporosis can be prevented, and if diagnosed early, can be treated.
Both federal and state legislation have been introduced in an effort to increase funding for medical research on osteoporosis, expand bone health and osteoporosis education programs, and improve access and reimbursement for tests to diagnose the disease.
Thirty-seven states have passed legislation relating to osteoporosis, the majority establish statewide education, public awareness and prevention programs. Fourteen states- California, Florida, Georgia, Illinois, Kansas, Kentucky, Louisiana, Maryland, Missouri, New York, North Carolina, Oklahoma, Tennessee and Texas-mandate insurance coverage for osteoporosis-related diagnostic and treatment services, including technologies approved by the Federal Drug Administration (FDA) and bone density measurement.
Search by State: AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY
Territories: American Samoa, Guam, U.S. Virgin
Islands
STATE |
OSTEOPOROSIS LEGISLATION |
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Alabama |
Code § 22-13A-1 et seq. (1995) creates the Osteoporosis Prevention and Treatment Education Act to foster a multigenerational statewide program to promote public awareness and knowledge about the causes of osteoporosis, risk factors, the value of prevention and early detection and the options available for treatment. |
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American Samoa |
No current legislation |
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Alaska |
No current legislation |
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Arizona |
Senate Bill 1248 (Passed July 2006) appropriates $300,000 in state funds for numerous osteoporosis initiatives, including collecting statewide data on the prevalence, burden, and costs of osteoporosis, developing a statewide screening network, creating a statewide clearing house for education and information about prevention and implementing the strategies outlined in the 2004 Surgeon General’s report on osteoporosis and bone health and adding the Centers for Disease Control and Prevention’s osteoporosis module to the behavioral risk factor surveillance system survey questionnaire. |
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Arkansas |
Stat. Ann. § 20-15-1401 et seq. (1997) creates the Osteoporosis Prevention and Treatment Act and requires the Department of Health to coordinate with other agencies and organizations to establish, promote and maintain an osteoporosis prevention and treatment education program. The purpose of the program is to raise public awareness, educate consumers and educate and train health professionals and service providers. |
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California |
Acts, Chap. No. 39 (2003) recognizes May 2003 as Osteoporosis Awareness Month, and encourages all people to honor their mothers by raising awareness of osteoporosis and enabling women to obtain the advantage of fast fracture protection by managing osteoporosis and maintaining bone health. (A.C.R. 82)
Acts, Chap. No. 73 (2002) recognizes May 2002 as Osteoporosis Awareness Month, and encourages all people in the state to become educated about their risks of developing osteoporosis, the methods of diagnosis of this disease and the methods of treatment. (A.C.R. 173)
Insurance Code § 10123.185 requires disability insurers to provide coverage for services related to diagnosis, treatment and appropriate management of osteoporosis. Services may include all Food and Drug Administration (FDA) approved technologies including bone mass measurement technologies as deemed medically appropriate.
Health and Safety Code § 125700 et seq. (1999) creates the California Osteoporosis Prevention and Education Act to promote public awareness of the disease and to educate the public on the prevention and management of osteoporosis.
Health and Safety Code § 1367.67 (1993) requires insurers to provide coverage for diagnosis, treatment and appropriate management of osteoporosis, which includes all technologies approved by the Federal Drug Administration (FDA) and bone mass measurement technologies as deemed medically appropriate. |
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Colorado |
No current legislation |
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Connecticut |
Gen. Stat. Ann. § 20-631 (2005) establishes a collaborative drug therapy management pilot program between pharmacists employed by or under contract with a hospital and physicians. Pharmacists would work directly with physicians to manage the drug therapy of patients receiving outpatient hospital care or services for osteoporosis or any of six other conditions. This pilot program began January 1, 2006.
Acts, P.A. 99-9 (1999) creates the Osteoporosis Education and Awareness Advisory Council for the purposes of assessing the extent of osteoporosis advocacy, policy and public and medical education. The council is charged with instituting a statewide media campaign on prevention and preparing and distributing materials to reach high-risk groups. The advisory council terminates two years from the date of its inception. (S.B. 1250) [Act expired in 2001]
Acts, P.A. 96-245 (1996) establishes a task force to study the availability of resources devoted to the prevention and treatment of osteoporosis. (S.B. 57) [Act expired in 1996] |
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Delaware |
Code Ann. tit. 16 § 30-3001 (1998) establishes the Osteoporosis Prevention and Education Initiative within the Department of Health and Social Services to promote and maintain an osteoporosis prevention and education initiative. The initiative raises public awareness of the causes and nature of osteoporosis, personal risk factors and the value of prevention and early detection. |
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District of Columbia |
No current legislation |
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Florida |
Stat. § 381.87 (1996) creates the Osteoporosis Prevention and Education Program to promote public awareness of the causes of osteoporosis, options for prevention, the value of early detection and possible treatments, including the benefits and risks of those treatments.
Stat. § 627.6409 (1996) requires insurers to provide coverage for the medically necessary diagnosis and treatment of osteoporosis for high-risk individuals, with some exceptions. |
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Georgia |
Code Ann. § 31-15A-1 et seq. (1998) enacts the Bone Mass Measurement Coverage Act. The act requires insurance plans to offer coverage for scientifically proven bone mass measurement for the prevention, diagnosis and treatment of osteoporosis.
Code Ann. § 31-42.1 et seq. (1995) enacts the Osteoporosis Prevention and Treatment Education Act to create a multigenerational, statewide program to promote awareness and knowledge about osteoporosis, risk factors, prevention, detection and treatment options. |
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Guam |
No Current Legislation |
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Hawaii |
No Current Legislation |
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Idaho |
No Current Legislation |
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Illinois |
Senate Bill 973 (Passed May 2005) establishes the Illinois Seniors and Disabled Drug Coverage Program, effective January 1, 2006, which will cover any prescription drug used in the treatment of osteoporosis for qualified beneficiaries.
Ann. Stat. ch. 215, § 356z.6 (2004) amends the State Employees Group Insurance Act of 1971, the Counties Code, the Illinois Municipal Code, the School Code, the Illinois Insurance Code, the Health Maintenance Organization Act, the Voluntary Health Services Plans Act and the Illinois Public Aid Code to require coverage for bone mass measurement and treatment of osteoporosis.
Ann Stat. ch. 320, § 25/3.15 (2001) amends the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act by adding coverage for any prescription drug used in the treatment of osteoporosis.
Rev. Stat. ch. 20, § 2305/8.2 (1994) requires the Department of Public Health to establish, promote and maintain an Osteoporosis Prevention and Education Program to promote public awareness of the causes of osteoporosis, options for prevention, the value of early detection and treatments. |
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Indiana |
Code § 16-41-39.6 et seq. (1997) allows the Department of Health to establish an osteoporosis prevention and treatment program and establishes the osteoporosis education fund. |
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Iowa |
No current legislation |
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Kansas |
Stat. Ann. § 40-4601 (2001) requires insurers to provide coverage for services related to diagnosis, treatment and management of osteoporosis. This includes bone mass measurement where medically necessary for an individual. (S.B. 19) |
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Kentucky |
Act No. 96 (S.B. 202, 2006)establishes a multigenerational osteoporosis prevention and education program to promote public awareness of the causes of osteoporosis, options for prevention, the value of early detection and treatment and to increase health care provider awareness of national clinical guidelines related to the prevention, diagnosis and treatment of osteoporosis.
House Bill 380 (Passed April 2006) allocates $90,000 in state funds (depending upon availability) under the Kentucky Prescription Drug Patient Assistance Program. Funds would be used to establish, maintain and promote a statewide multigenerational osteoporosis prevention and education program.
Rev. Stat. § 304.17-3163 (1998) requires insurers to make available and offer coverage for bone density testing for women 35 years and older to obtain baseline data for the early detection of osteoporosis. |
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Louisiana |
Rev. Stat. Ann. § 46:153.3 (Amended 2004) Provides for duties and responsibilities of the Medicaid Pharmaceutical and Therapeutics Committee; requires that prior to a drug being prior authorized, it must have been reviewed by the Medicaid Pharmaceutical and Therapeutics Committee; requires the therapeutic category of “osteoporosis” in drug formulary.
Rev. Stat. Ann. § 22:215.16 (1999) requires insurers to include coverage for scientifically proven bone mass measurement for the diagnosis and treatment of osteoporosis. |
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Maine |
Rev. Stat. Ann. tit. 22 § 254-D (H.B. 924, 2005) directs the Maine Department of Health and Human Services to provide transitional prescription and nonprescription drug benefits under the elderly low-cost drug program for individuals enrolled in that program, who may be eligible for or are already enrolled in Medicare Part D. The elderly low-cost drug program covers drugs for the treatment of osteoporosis and a number of other diseases. |
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Maryland |
House Bill 1311 (2008) designates walking as the State exercise because walking improves overall health by reducing health risks and helping to prevent multiple diseases including osteoporosis.
Acts, Chap. No. 444 (2002) requires the Department of Health and Mental Hygiene to establish an Osteoporosis Prevention and Education Task Force. (H.B. 532)
Insurance Code Ann. § 15-823 (1997) requires coverage for reimbursement for bone mass measurement for individuals when the measurement is requested by a health care provider. The law requires insurance plans to provide specified coverage for individuals for a procedure used to identify bone mass or detect bone loss for the prevention, diagnosis and treatment of osteoporosis. |
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Massachusetts |
House Bill 4900 (2008) funds the promotion of health and disease prevention including osteoporosis education
Chapter 58 of Acts of 2006 (2006) appropriates $100,000 in state funds for an osteoporosis prevention and education program that shall include, but is not limited to, the development of educational materials to promote awareness of the causes of osteoporosis, including options for prevention and the value of early detection and possible treatments, professional education programs for health care providers, a list of providers that specialize in the prevention and treatment of osteoporosis and a program for awareness, prevention and treatment of hip fractures. |
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Michigan |
Pub. Acts, Act 246 (S.B. 1094, 2008) allocates $200,000 for osteoporosis prevention and treatment education.
Pub. Acts, Act 123 (H.B. 4344, 2007) appropriations legislation for the Michigan Department of Community Health that allocates $200,000 from the chronic disease prevention funds for osteoporosis prevention and treatment education.
Pub. Acts, Act 94 (H.B. 4831, 2005): allocates $200,000 from chronic disease prevention funds of the Michigan Department of Community Health for osteoporosis prevention and treatment education. These funds are available for the fiscal year beginning September 30, 2006 and ending September 30, 2007. |
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Minnesota |
Stat. § 327.20 (1996) permits the use of direct exposure x-ray film in radiographic absorptionmetry for the diagnosis and management of osteoporosis. (Chap. 203 (SF 1908))
Laws, Chap. 207 (Art. 6) (1995) (appropriations bill) requires the Department of Health to report on the need for an osteoporosis prevention and treatment program and authorizes the department to apply for grants and gifts to establish a program. (SF 1110) |
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Mississippi |
Code Ann. § 41-93-1 et seq. (1994) establishes the Osteoporosis Prevention and Treatment Education Act to create a statewide program to promote public awareness and knowledge about the causes of osteoporosis, personal risk factors, the value of prevention and early detection and the options available for treatment. |
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Missouri |
Rev. Stat.§ 376.1199 (2001) requires each health carrier or health benefit plan that offers or issues health benefit plans providing obstetrical/gynecological benefits and pharmaceutical coverage after January 1, 2002, to include coverage related to diagnosis, treatment and appropriate management of osteoporosis. Such services are covered only when provided by a person licensed to practice medicine and surgery in Missouri, for individuals with a condition or medical history for which bone mass measurement is indicated.
Rev. Stat. § 192.640 et seq. (1995) authorizes the Department of Health to establish, promote and maintain an osteoporosis prevention and education program to promote public awareness of causes of osteoporosis, options for prevention, the value of early detection and possible treatments. The law also authorizes the department to establish an osteoporosis advisory council to be appointed by the health department director. |
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Montana |
No current legislation |
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Nebraska |
LB 296 (Passed March 2007) creates the Women's Health Initiative of Nebraska within the Department of Health and Human Services. The Women's Health Initiative of Nebraska shall serve as a clearinghouse for information regarding women's health issues, including pregnancy, breast and cervical cancers, acquired immunodeficiency syndrome, osteoporosis, menopause, heart disease, smoking, and mental health issues as well as other issues that impact women's health, including substance abuse, domestic violence, teenage pregnancy, sexual assault, adequacy of health insurance, access to primary and preventative health care and rural and ethnic disparities in health outcomes. |
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Nevada |
Rev. Stat. § 236.065 (1997) requires the governor to proclaim annually that the week beginning with Mother's Day is Osteoporosis Prevention and Awareness Week in Nevada. |
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New Hampshire |
Rev. Stat. § 126:I-1 et seq. (1997) requires the Department of Health and Human Services to establish, promote and maintain an osteoporosis prevention and education program. The program is to promote public awareness of causes of osteoporosis options for prevention, and the value of early detection and possible treatments, including the benefits and risks of those treatments. The law also provides for the establishment of an advisory council. |
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New Jersey |
Stat. § 26:2R-1 et seq. (1997) establishes an osteoporosis prevention and education program in the Department of Health and Senior Services. The purpose of the program is to promote public awareness of the causes of osteoporosis, options for prevention, the value of early detection and possible treatments. The law also creates an Interagency Council on Osteoporosis. |
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| New York |
Assembly Bill 9804 and Senate Bill 6804 (Passed April 2008) makes appropriations for the support of government’s Health and Mental Hygiene Budget, including services and expenses of the osteoporosis prevention and education program. The commissioner of health, pursuant to a plan subject to the approval of the director of the budget, may transfer funds to the state operations budget of Helen Hayes hospital for this program.
Assembly Bill 4304 and Senate Bill 2104 (Passed April 2007) grants the commissioner of health, subject to the approval of the director of the budget, the ability to transfer $66,000 of funds to the state Osteoporosis Prevention & Education Program.
Assembly Bill 9554 and Senate Bill 6454: (Passed April 2006) Department of Health appropriations legislation, would allocate $66,000 from the 2005 Fiscal Year (FY) appropriation to support the osteoporosis prevention and education program. These funds would become available for FY 2006 beginning April 1, 2006.
Acts, Chap. No. 554 (2002) requires that certain health insurance contracts to provide coverage for bone mineral density measurements or tests. Additionally, the insurer or HMO must adopt standards which include the criteria of the federal Medicare program and the National Institutes of Health for the detection of osteoporosis, when determining coverage for bone mineral density measurements or tests
Public Health Law § 2705 et seq. (1998) establishes the Osteoporosis Prevention and Education Program to promote public awareness of the causes of osteoporosis, options for prevention, and the value of early detection and possible treatments. The program implements a public education and outreach campaign to promote osteoporosis prevention and a professional education program for health care providers and health-related community-based organizations. The law also creates an osteoporosis advisory council. (A.B. 11723) |
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New Mexico |
1998 N.M. Laws, Chap. 116 appropriates money for an osteoporosis prevention and treatment education program. (H.B. 2) |
North Carolina |
Gen. Stat. § 58-50-155 provides bone mass measurement for the diagnosis and evaluation of osteoporosis covered by the state developed standard health plan.
Gen. Stat. § 58-3-174 (1999) requires insurers to provide coverage for scientifically proven and approved bone mass measurement for the diagnosis and evaluation of osteoporosis or low bone mass.
Sess. Laws, Chap. 443 (1997) (appropriations bill) creates the Osteoporosis Task Force to raise public awareness, obtain statistical research and develop an osteoporosis prevention plan. (not codified) |
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North Dakota |
No current legislation |
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Ohio |
Rev. Code Ann. § 3.17, 3.24, 9.06, 101.23 (1997) provides appropriations for the Osteoporosis Awareness Program. |
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Oklahoma |
Stat. tit. 63, § 1-260.3 et seq. (1999) establishes within the Department of Health an osteoporosis prevention and treatment education program. The law also creates the Interagency Council on Osteoporosis.
Stat. tit. 36, § 6060.1 (1996) requires insurers to provide coverage for bone density testing for people whose medical histories indicate a high risk of osteoporosis, when the test is requested by a primary care or referral physician. |
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Oregon |
OR HB 2953 (Pending) requires health benefit plans to cover bone mass measurements and directs the state Department of Human Services to adopt rules permitting bone densitometry by self-referral. |
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Pennsylvania |
Senate Bill 1389: (Passed July 2008) appropriates $95,000 in state funds for osteoporosis prevention and education programs. These funds will be available for the Fiscal Year July 1, 2008 to June 30, 2009.
House Bill 2499: (Passed July 2006) appropriates $95,000 in state funds for osteoporosis prevention and education programs. These funds will be available for the Fiscal Year July 1, 2006 to June 30, 2007.
House Bill 815: (passed July 2005) appropriates $95,000 in state funds for osteoporosis prevention and education programs. These funds are available for the Fiscal Year July 1, 2005 to June 30, 2006.
Cons. Stat. tit. 71 § 531-A et seq. (1998) creates an Osteoporosis Prevention and Education Program to raise public awareness of the causes and effects of osteoporosis, personal risk factors, prevention, early detection and options for diagnosis and treatment. |
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Puerto Rico
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Laws of Puerto Rico Ann. 1 § 5121 establishes the second week of May each year as “Osteoporosis Prevention and Control Week,” aimed at engaging the community in osteoporosis prevention and control through community activities for the Puerto Rican people. |
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Rhode Island |
Gen. Laws § 42-66.2-3 (2001) provides pharmaceutical assistance to the elderly for drugs approved for the treatment of osteoporosis. (H.B. 5527)
Gen. Laws § 23-70-1 (1997) authorizes the use of existing resources to educate the public on the causes of osteoporosis and the personal risk factors, publicize the value of early detection and prevention, and identify the most cost-effective options available for treatment. In addition, the law allows for the director of the Department of Health to appoint a task force to make recommendations. |
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South Carolina |
Code Ann. § 44-125-10 et seq. (1997) establishes the Osteoporosis Prevention, Treatment, and Education Act and the Osteoporosis Education Fund for the purpose of promoting public awareness, prevention and treatment of osteoporosis. The law requires the Department of Health and Environmental Control to administer the fund and to establish an Osteoporosis Prevention and Treatment Education Program. |
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South Dakota |
No current legislation |
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Tennessee |
H.J.R. 1071 (2004) designates May 2004 as Tennessee Osteoporosis Prevention Month.
H.J.R. 433 (2003) names May 2003 Osteoporosis Prevention Month.
Code Ann. §§ 4-29-228(a), 68-1-1503 (S.B. 47, 2001) extends the sunset date of the Interagency Council on Osteoporosis from June 30, 2001 to June 30, 2007.
Code Ann. § 56-7-2506 (1996) creates the Bone Mass Measurement Coverage Act. The law allows insurers to provide coverage to a qualified individual for scientifically proven bone mass measurement (bone density testing) for the diagnosis and treatment of osteoporosis.
Code Ann. § 68-1-1501 et seq. (1995) creates the Osteoporosis Prevention and Treatment Education Act. The law establishes a statewide program to promote public awareness and knowledge about osteoporosis within the department of health. |
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Texas |
Insurance Code Ann. § 21.53C (1995) requires insurers to provide coverage for medically accepted bone mass measurement for the detection of low bone mass and to determine the risk of osteoporosis and fractures associated with osteoporosis.
Health and Safety Code Ann. § 90.001 et seq. (1995) establishes a program to promote public awareness of the benefits and value of the early detection, prevention and appropriate treatment of osteoporosis. The law also provides for the appointment of an osteoporosis task force. |
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U.S. Virgin Islands |
No current legislation |
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Utah |
No current legislation |
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Vermont |
No current legislation |
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Virginia |
Code § 32.1-11.3 (1995) requests the Department of Health, in cooperation with the Medical Society of Virginia, to initiate an osteoporosis prevention and education program to promote public knowledge of the causes, prevention and value of early detection of osteoporosis. |
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Washington |
Rev. Code § 28B.20.462 et seq. (1990) establishes the Warren G. Magnuson Institute for Biomedical Research and Health Professions Training. The law supports biomedical research into the causes, treatment and management of osteoporosis. |
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West Virginia |
Chapter 6, Acts, regular Session, 2006 (2006) appropriates $280,000 in state funds to the Osteoporosis and Arthritis Prevention Fund. These funds will be available for the Fiscal Year July 1, 2006 to June 30, 2007.
Code § 16-5M-1 et seq. (1996) creates the Osteoporosis Prevention Education Act and requires the Bureau of Public Health to promote and maintain the program by developing strategies for educating the public and health professionals. The act also establishes the Interagency Council on Osteoporosis to coordinate osteoporosis programs conducted by the Bureau of Public Health. |
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Wisconsin |
Stat. Ann. § 255.06 (2006) includes osteoporosis prevention and education as part of the Well-Woman Program. The program raises public awareness concerning the causes and nature of osteoporosis, the value of early detection and treatment options.
Stat. § 534, 592 and 3482 (1997) provides funds for health care screening, referral, follow-up and patient education to low-income, underinsured and uninsured women. The law requires the Department of Health and Family Services to use the funding to increase women's awareness of issues that affect their health and reduce the prevalence of chronic and debilitating health conditions that affect women. The law requires the department to enhance community activities by establishing and maintaining a comprehensive women's health program that addresses all major risk factors for chronic disease for middle-aged and older women. The act also authorizes the department to support an osteoporosis prevention and education program. |
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Wyoming |
No current legislation |
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Source: National Conference on State Legislatures, released June 2004. (http://www.ncsl.org/programs/health/WHOsteo.htm)
Information updated by the National Osteoporosis Foundation, September 2008.
***Due to frequent changes, this list may not be comprehensive. NOF appreciates additions and corrections. If you know of legislation that has been passed that is not listed or if you see information listed that has changed, please let us know by sending an email to bea@nof.org. ***
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