SB 272 Modifies various provisions relating to professional licensing
Sponsor: Scott
LR Number: 0666L.06T Fiscal Note: 0666-06
Committee: Financial & Governmental Organizations and Elections
Last Action: 7/13/2007 - Signed by Governor Journal Page:
Title: HCS SCS SB 272 Calendar Position:
Effective Date: August 28, 2007
House Handler: Wasson

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HCS/SCS/SB 272 - This act modifies numerous sections pertaining to professional licensing.

LICENSED VETERANS (Section 41.950)

Licensed interpreters, clinical perfusionists, dietitians, massage therapists, interior designers, acupuncturists, occupational therapists, occupational therapy assistants, tattooists, body piercers, and branders are allowed to renew a license expiring while they are serving in the military, within 60 days from completing their service.

ENDOWED CARE CEMETERIES (Sections 214. 275, 214.340)

Under current law, endowed care cemeteries must file an annual trust fund report with the Office of Endowed Care Cemeteries. This act requires those cemeteries to also provide this report as a prerequisite to license renewal.

LANDSCAPE ARCHITECTS (Sections 327.621, 327.622)

The board overseeing landscape architects is authorized to establish continuing education requirements and authorizes inactive licenses in certain circumstances. License renewal fees are waived for landscape architects over the age of 75.

CHIROPRACTORS (Section 331.030)

The prerequisite education requirements for entering a doctoral course of study in chiropractic are modified.

FUNERAL DIRECTORS AND EMBALMERS (Sections 333.011, 333.121)

The act adds crematory to the definition of funeral establishment. A reference to death certificates that were previously two-sided but are currently one-sided is updated.

PHYSICAL THERAPISTS (Sections 334.610, 334.625)

Currently, all five members of the Advisory Commission for Physical Therapists must be licensed physical therapists. The act changes the membership to include four physical therapists and one physical therapist assistant.

The following individuals may represent himself or herself as a physical therapist:

• Persons in entry level professional education programs approved by the commission under certain circumstances.

• Physical therapists practicing in the U.S. armed services.

• Physical therapists practicing in the U.S. Public Health Services.

• Physical therapists practicing in the Veterans Administration under federal regulations for state licensure for healthcare providers.

The process for filling vacancies on the commission is modified.

PROFESSIONAL COUNSELORS (337.510, 337.503)

State and local agencies, including school districts, are barred from discriminating between licensed professional counselors when promulgating rules or when requiring or recommending services that may legally be performed by licensed professional counselors.

This act modifies reciprocity requirements for professional counselor licenses. Out-of-state licensees are required to be 18 years of age, of good moral character, a U.S. citizen or lawfully present in the U.S. in order to be eligible for licensure in Missouri.

PROFESSIONAL COUNSELORS AND SOCIAL WORKERS (Sections 337.528, 337.649)

Complaint procedures and document retention requirements when prisoners file complaints against professional licensed counselors and licensed social workers are modified.

If complaints by prisoners are found to have merit, no further disciplinary action may take place, documentation may not appear on file, and other state licensing boards or national registries may not be notified unless grounds exist for revocation or suspension of the license. Case file documentation shall be destroyed when the committee chooses not to pursue further action.

Licensees subject to meritless claims prior to the effective date of the act may request the committee to destroy documents pertaining to the claim, notify other state licensing boards that the claim was unsubstantiated, and supply the licensee with a letter stating that the claim was unsubstantiated.

Licensees shall not be required to disclose the existence of unsubstantiated claims in relation to the licensing of their profession.

MARITAL AND FAMILY THERAPISTS (Section 337.715)

An out-of-state licensee may be licensed without examination when the other state's requirements are substantially similar to Missouri requirements, the other state verifies that the applicant holds a license, and the applicant consents to examination of disciplinary history.

PHARMACY (Sections 338.035, 338.320)

The act allows for a multi-year license for pharmacy interns in lieu of an annual license. The Board of Pharmacy is authorized to issue and enforce cease and desist orders to quell unauthorized practices.

The board may issue veterinary permits to pharmacies.

REAL ESTATE APPRAISERS (Sections 339.507, 339.513, 339.519, 339.521, 339.525, 339.533)

The act removes the following provisions:

• A provision requiring the Governor to appoint a chairperson to the Missouri Appraiser Advisory Council.

• A provision that requires the executive director to notify commission members of all meetings by certified mail.

• The original commission appointment language and certain requirements for commission members.

• A license equivalency standard for reciprocity.

• A provision allowing the commission to waive continuing education requirements for retired or disabled licensees.

The Real Estate Appraisers Commission shall have subpoena authority and the power to require the licensee to pay costs of proceedings when the commission is the prevailing party.

Licensees shall have two years instead of 1 to renew an expired license. Inactive licenses are authorized.

DEPARTMENT OF SOCIAL SERVICES (Section 660.315)

Schools of nursing and medicine may access employee disqualification lists from the Department of Health and Senior Services.

This act is similar to SB 666, SB 510, SB 281, SCS/SB 525, SCS/SB 272, SB 158, SB 498, SCS/SB 159, SB 509, SB 523, SCS/SB 526, HB 777, HCS/HB 780, HB 554, HCS/HB 555, HB 779, HB 831, HB 655, HCS/HB 780, HB 829, HB 775, HB 780 (2007).

CHRIS HOGERTY