CCS/SS/SCS/HCS/HB 567 - This act modifies various provisions within the Division of Professional Registration.

ELECTRONIC STORAGE OF RECORDS - This act expands the method for electronic storage of business and public records to include computer-generated electronic or digital retrieval systems. (Sections 109.120 and 109.241)

This portion of the act is similar to SB 72 (2001).

DENTAL CARE FOR CHILDREN - Section 167.181, RSMo, currently requires children to be immunized. This act allows a physician to administer the appropriate fluoride treatment to a child during an immunization visit. The Department of Health must issue educational literature. This act requires the inclusion of the importance of routine dental care for children in the materials. (Section 192.070)

DENTISTS & CHIROPRACTIC STUDENTS - Currently the Medical School Loan Repayment Program is established for medical and chiropractic students. The Department of Health agrees to pay a portion of a student's school loans in exchange for his or her agreement to practice in a community in need of health care services. This act changes the name to the "Health Professional Loan Repayment Program" and adds dental students to the Program. New language also allows participants to practice in a Primary Care or Dental Care Health Professional Shortage Area. (Sections 191.600 to 191.614).

This portion of the act is similar to SB 46 (2001).

AUTOMATED EXTERNAL DEFIBRILLATOR ADVISORY COMMITTEE - This act creates an Automated External Defibrillator Advisory Committee within the Department of Health. The main purpose of this committee is to issue a report to the Department of Health, the Office of Administration and the Legislature by December 31, 2002. The report will address various issues including; the advisability of placing automated external defibrillators in public buildings, building determination, training and cost estimates. (Section 191.938)

The committee members will be appointed by the Director of the Department of Health and be reimbursed for expenses incurred as a result of their duties. The board will consist of:

(1) A representative of the Department of Health; (2) A representative of the Office of Administration; (3) A representative of the American Red Cross; (4) A representative of the American Heart Association; (5) A physician with experience in emergency care. This portion of the act has a sunset provision of June 1, 2003 and is similar to HB 749 (2001).

HEARING INSTRUMENT SPECIALIST - This act makes a technical correction to include hearing instrument specialists in the definition of "eligible subscriber", therefore, allowing hearing instrument specialists to certify an individual as hearing impaired for telecommunications purposes. (Section 209.251)

PUBLIC AND PRIVATE CEMETERIES - The act provides for abandoned burial sites to revert to the private or public cemetery. A burial site is deemed abandoned if after seventy-five years from the last activity of record, a reasonable search for the owner fails to locate the owner.

A reasonable search entails sending notice to the last known address of the record property owner and publishing a description of the burial site in a newspaper circulated in the county of the last known address of the record property owner for three weeks. After a year from publishing the notice and no owner has claimed the burial site, the burial site is deemed abandoned.

If persons with a legitimate claim to the burial site present themselves after the abandoned burial site has been used for a different purpose or resold, the cemetery must provide an equal burial site. (Section 214.209)

This portion of the act is similar to SB 618 (2001).

ENDOWED CARE CEMETERY - This portion of the act contains provisions regarding certificates of authority for the operation of endowed care cemeteries, including compliance with state, county, and municipal ordinances or regulations, allowing uncertified cemeteries to fulfill prior obligations before certification, establishing provisions relating to application, renewal, suspension, and revocation of certificates, transfer of ownership of endowed care cemeteries and allowing the Division of Professional Registration to promulgate rules relating to fees and inspections. (Sections 214.275 to 214.367)

BOARD OF GEOLOGIST REGISTRATION - This act also establishes the per diem amount (not to exceed seventy dollars per day) for members. (Section 256.459)

OCCUPATIONAL THERAPISTS - This act allows the Missouri Board for Occupational Therapy to refuse to issue or renew certificates of registration and to file complaints with the Administrative Hearing Commission against licensees for the reasons set out in this act. Terms of suspension, revocation, and renewal are provided in this act. (Section 324.086)

CLINICAL PERFUSIONISTS - This act also establishes the per diem amount (not to exceed seventy dollars per day) for members. (Section 324.177)

DIETITIANS - This act allows the State Committee of Dietitians to refuse to issue or renew certificates of registration and to file complaints with the Administrative Hearing Commission against licensees for the reasons set out in this act. Terms of suspension, revocation, and renewal are provided in this act. (Section 324.212 to 324.217)

THERAPEUTIC MASSAGE - This act also establishes the per diem amount (not to exceed seventy dollars per day) for members. (Section 324.243)

BODY PIERCING AND BRANDING - The Director of Professional Registration is given the authority to promulgate rules and regulations regarding hygienic practices and sanitary operations for branding and body piercing. (Section 324.522)

TERMITE INSPECTORS - This act requires persons performing termite inspections for real estate transactions to be licensed with the Department of Agriculture. (Section 324.530)

HOUSEMOVERS - This act requires those who engage in the profession of housemoving to obtain a license from the Division of Motor Carriers and Railroad Safety. In order to obtain a license, each housemover will have to demonstrate that it has adequate motor vehicle, liability, workers' compensation, and cargo insurance. Housemovers who are moving their own homes do not have to obtain a license. For every move made, the housemover will have to obtain a permit from the Department of Transportation.

The housemover must also comply with local ordinances. A housemover who violates this act is guilty of a Class A misdemeanor. (Sections 324.700 to 324.745)

This portion of the act is similar to SB 95 (2001).

ACCOUNTANTS - This act contains provisions relating to the Missouri State Board of Accountancy. This act specifies the makeup, powers, and duties of the board, establishes minimum education requirements for applicants, requires the use of a uniform examination for licensing purposes, creates a one-tier licensing structure, requiring applicants for licensure to provide proof of practical experience, establishes the age and residential requirements, requires the board to design conditions for reexamination and sets continuing education requirements. (Sections 326.530 to 326.331)

LANDSCAPE ARCHITECTS - This act provides for the licensing of landscape architects with the Division of Professional Registration. Currently, landscape architects are registered with the Division. Individuals who meet the criteria established by this act are eligible to apply for licensure. (Section 327.011)

This act dissolves the Landscape Architectural Council and establishes the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects. The membership of the board is increased from 11 to 14, with 3 of the members to be landscape architects.

This act waives the licensure requirement for those individuals currently registered with the division on or before August 28, 2002. (Sections 327.011 to 327.081)

ARCHITECTS - Prior to January 1, 2012, any person who has a total of 12 years of education beyond the high school level and satisfactory architectural experience may apply to the board for licensure as an architect. Beginning January 1, 2012, all applicants will be required to hold a degree from an accredited school of architecture. Beginning January 1, 2002, each applicant for a license in architecture will be required to complete an intern program as provided by the National Council of Architectural Registration Boards. (Section 327.131)

LAND SURVEYORS - Persons may apply for licensure as land surveyors if they have been enrolled as a land surveyor in training and have acquired at least 4 years of satisfactory professional field and office training under the direct supervision of a professional land surveyor. Prior to acceptance for enrollment in the land surveyor in training program, individuals must provide evidence that they have completed a certain amount of college credit hours in land surveying. (Section 327.314)

COSMETOLOGY - The act expands the State Board of Cosmetology to include a licensed school owner member. (Section 329.190)

This act also allows persons who have been licensed cosmetologists for at least 2 years to take the cosmetology instructor's exam. (Section 329.010)

This act increases the amount of limits that a cosmetology student must be enrolled in a course of study from eight hours to twelve hours and no more than seventy-two hours a week. Allows cosmetologists to complete a course of study of no less than one thousand five hundred hours (1500) or the equivalent of credit hour formula in subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended. (Section 329.040)

MANICURIST - Increases the hours of training from three hundred to four hundred hours or the equivalent of credit hour formula in subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended.

ESTHETICIAN - Allows the course of study of no less than seven hundred fifty hours or credit hour formula in subpart A of Part 668 of Section 668.8 of Title 34 of the Code of Federal Regulations, as amended.

CHIROPRACTIC - This act gives the State Board of Chiropractic Examiners authority to issue temporary licenses to qualified individuals. (Section 331.032)

This act removes the authority of a college of chiropractic accredited by the Council on Chiropractic Education to approve postgraduate study. Under this act, only the State Board of Chiropractic Examiners may approve postgraduate study for required continuing education. (Section 331.050)

The terms of members serving on the State Board of Chiropractic Examiners will serve for four years, currently members serve for five years. (Section 331.090)

DENTISTS & DENTAL HYGIENISTS GRATUITOUS SERVICES - Currently, Section 332.072, RSMo, allows dentists or dental hygienists to provide gratuitous dental services to a summer camp for no more than fourteen days per year. This act removes the reference to summer camps, thus allowing such dental services to be provided anywhere, as long as it is for no more than fourteen days per year. (Section 332.072)

DENTAL HYGIENISTS - A five member Advisory Commission for Dental Hygienists is established to make recommendations to the Missouri Dental Board. It shall include the dental hygienist currently serving on the Dental Board. All members shall be appointed by April 1, 2002. (Section 332.086).

Currently, dental hygienists are prohibited from practicing without the supervision of a dentist. This act creates an exception by allowing a dental hygienist practicing in a public health setting to provide fluoride treatments, teeth cleaning, and sealants to children who are eligible for Medicaid. These procedures may be done without the supervision of a dentist. Medicaid shall reimburse all dentists, dental hygienists and pediatricians who provide the above services. Public health settings will be defined jointly by the Department of Health and the Missouri Dental Board. This provision will expire on August 28, 2006. (Section 332.311).

This act contains an emergency clause for certain sections.

This portion of the act is similar to SB 47 (2001).

DOCTORS OF OSTEOPATHY - This act requires interchangeable recognition of medical doctors (M.D.) and doctors of osteopathy (D.O.) by insurance companies and the law. Currently, Section 334.021, RSMo, requires the use of terms such as "physician", "practitioner of medicine" or "practitioner of osteopathy" to mean physicians and surgeons licensed by Chapter 334, RSMo.

This act adds the provision that no insurance company may discriminate with respect to employment and related issues based on whether the physician is an M.D. or D.O. A provision is also added to require the interchangeable use of the terms "medical doctor", "M.D.", "physician", "doctor of osteopathy" or "D.O." in executive orders, administrative rules, and statutes unless any of those terms are specifically excluded.

Similarly, recognition is required of specialists accredited by either the Accreditation Council for Graduate Medical Education or the American Osteopathic Association. This section does not apply to boards and commissions with unequal M.D. or D.O. members. Finally, language is removed from section 334.047 requiring a licensee to designate his or her degree in any public listing or display. (Section 334.021)

This portion of the act is similar to SB 328 (2001).

PHYSICAL THERAPISTS - This act also establishes the per diem amount (not to exceed seventy dollars per day) for members. (Section 334.625)

BOARD OF HEALING ARTS - This act also establishes the per diem amount (not to exceed seventy dollars per day) for members. (Section 334.720)

ADVISORY COMMISSION FOR PHYSICIAN ASSISTANTS - This act also establishes the per diem amount (not to exceed seventy dollars per day) for members. (Section 334.749)

RESPIRATORY CARE - This act repeals the 18-month temporary permit for respiratory care practitioners and replaces it with a 6-month educational permit which may be obtained during the course of study or a 6-month temporary permit which may be obtained after graduation.

This act also creates a conditional license. The conditional license can be issued only to individuals who show prima facie evidence that they meet all requirements for full licensure. Conditional licenses may be in effect only for as long as it takes to determine the applicant's qualifications. (Section 334.870 to 334.890)

CLINICAL SOCIAL WORKERS - This act increases the amount of funds that must accumulate in the Clinical Social Workers Fund before transferral to the General Revenue Fund is required when the Committee on Social Workers requires renewal of licenses less frequently than annually.(Section 337.612)

BACCALAUREATE SOCIAL WORKERS - This portion of the act creates licensure provisions for baccalaureate social workers (BSWs) and modifies licensure for clinical social workers (CSW).

This act requires CSWs to pass an examination in addition to current requirements. The State Committee for Social Workers may require continuing education as a condition of license renewal. The Committee will consist of nine members, rather than seven, and will now include two licensed BSWs. Each member will receive a per diem payment of no more than seventy dollars and will be reimbursed for actual and necessary expenses. (Sections 337.615 - 337.618).

Definitions relating to the licensure of BSWs are provided and a description of common BSW tasks is also provided. Licensed BSWs may not engage in the practice of clinical social work. No BSW provisions shall require any organization to hire a BSW. (Section 337.650 - 337.659).

Application procedures for licensure are provided. The Committee must send renewal notices to each licensee and failure to provide the Committee with the required information or fees will result in a license revocation. The license will be restored if, within two years, the information and fees are provided. (Section 337.662).

The act outlines the information required of BSW applicants. This includes a degree, passage of an exam, 3000 practice hours, written application, and fees. Reciprocity may be granted to any person holding a license from another state with substantially similar requirements. A provisional BSW license may be issued to those who have not yet completed the required practice hours. Each license will be issued for a term of 2 to 4 years. All licensees must complete 15 hours of continuing education each year in order to renew. Temporary permits to practice may be issued under extenuating circumstances. (Sections 337.665 - 337.671).

No part of this section, Chapter 354, or Chapter 375 will be construed to mandate insurance benefits or 3d-party reimbursement for BSW services. The Committee may establish rules. (Sections 337.674 - 337.677).

Reasons the Committee may refuse to issue or renew any license are provided. The applicant must be notified in writing of the refusal and of his or her right to request an administrative hearing. Anyone reporting an applicant's wrongdoing is exempt from liability. The Committee may place the applicant on probation for up to five years and may suspend or revoke a license for up to three years. (Section 337.680).

Violation of these sections is a Class B misdemeanor. The Department of Economic Development may sue and may request an injunction against a person violating these sections. No information about clients may be disclosed, except in specified circumstances. These sections do not prohibit persons licensed as a BSW from testifying in court regarding social work matters or from consulting professional colleagues or supervisors for their clients. (Sections 337.683 - 337.689).

This portion of the act is substantially similar to SB 489 (2001) and HB 314 (2001).

PHARMACISTS & PHARMACIES - Currently, requirements for examination are outlined in Section 338.030, RSMo. Proof of a high school diploma is no longer required. Section 338.043, RSMo, currently allows a temporary license if Board requirements are met. The provision authorizing the temporary licensee to practice only under a licensed pharmacist is removed. (Sections 338.030 - 338.043).

The Board may currently deny licensure for specified reasons. A new reason is added regarding personal use or consumption of a controlled substance unless it is prescribed, dispensed, or administered by a health care provider. (Section 338.055).

All current language defining "pharmacy" is replaced. New language defines pharmacy and lists locations where the practice of pharmacy may occur. All prescription transactions should occur at the place where the prescription was originally presented. This does not, however, prevent the transfer of prescriptions upon request. The Board may override these terms and conditions. (Section 338.210).

Currently, Section 338.220, RSMo, prohibits the operation of a pharmacy without a permit or license and assigns pharmacies to certain classes. New language adds a "Class J" which means a "shared service".

This portion of the act is substantially similar to SCS/HB 757 (2001).

SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS - This act also establishes per diem amount (not to exceed seventy dollars per day) for members. (Section 345.080)

DIVISION OF PROFESSIONAL REGISTRATION - This act requires the Governor to appoint the Director of the Division of Professional Registration. Currently, the Director of the Department of Economic Development appoints the Director of the Division of Professional Registration. (Section 620.010)

Any deliberations conducted and votes taken in rendering a final decision after a hearing before an agency assigned to the division shall be closed to the parties and the public. Once a final decision is rendered, the decision shall be made available to the parties and the public. (Section 620.010.14(8))

Individuals licensed through the Division of Professional Registration who test positively for a controlled substance and do not have a prescription for such drug have the burden of proof to prove that the controlled substance was not unlawfully possessed. (Section 620.151)
JULIA SOMMER GRUS