SB 296 Modifies laws regarding cemeteries and cemetery operators, physician assistants, the Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects, Dental Care Professionals, Nurses, Pharmacy, and Mental Health Benefits
Sponsor: Scott
LR Number: 1311S.07T Fiscal Note: 1311-07
Committee: Financial and Governmental Organizations and Elections
Last Action: 7/10/2009 - Signed by Governor Journal Page:
Title: CCS HCS SB 296 Calendar Position:
Effective Date: August 28, 2009
House Handler: Sater

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Current Bill Summary


CCS/HCS/SB 296 - This act modifies laws regarding the state legal expense fund, cemetery operators, physician assistants, the division of professional registration, the board for architects, professional engineers, professional land surveyors, and landscape architects, dental care professionals, nurses, pharmacy, the board of cosmetology and the board of barber examiners, and mental health benefits.

STATE LEGAL EXPENSE FUND

(Section 105.711)

This section expands coverage under the state legal expense fund to physicians, nurses, physician assistants, dental hygienists, or dentists who provide free services to summer camps.

This section is similar to HB 37 (2009) and portions of HCS/HB 945 (2009).

PHYSICIAN ASSISTANTS PRESCRIBING CONTROLLED SUBSTANCES

(Section 195.070, 195.100, 334.735, 334.747)

These sections authorize physician assistants who meet certain requirements to prescribe Schedule III, IV, or V controlled substances.

Physician assistants who work in rural health clinics and have already received a waiver of the minimum on-site supervision requirement and maximum distance from a supervising physician requirements do not need to receive any additional waiver as long as the clinic maintains its status as a rural health clinic and the physician assistant and physician comply with federal supervision requirements. Also, physician assistants who have received waivers will only be required to renew the waiver every five years, when their supervising physician changes from the physician listed on their application, or when they move their primary practice location more than ten miles from the location listed on the waiver application.

Pharmacists are also required to list the name of the physician assistant and the physician assistant's supervising physician on the prescription label.

These sections are similar to portions of SS/SCS/SB 406 (2009).

CEMETERIES

(Sections 214.270, 214.280,214.330, 214.385, 214.387)

These sections modify certain laws regarding cemeteries.

Endowed care funds are prohibited from distributing the principal from the fund, except to the extent that a unitrust election is in effect with respect to such trust.

Cemetery operators who sell prearranged burial merchandise and services are required to deposit a portion of the purchase price in an escrow or trust account. These funds are maintained in this account until delivery of the property, performance of the services, or the contract is cancelled.

These sections are similar to portions of SCS/SB 416 (2009) and SB 822 (2008).

WORKFORCE PLANNING AND DEVELOPMENT

(Section 324.001)

This section authorizes boards or commissions under the authority of the Division of Professional Registration to collect and analyze information required to support workforce planning and policy development. This information shall not be publicly disclosed so as to identify a specific health care provider.

This section is similar to HB 852 and HCS/HB 945(2009).

DIVISION OF PROFESSIONAL REGISTRATION

(Sections 324.065,324.068, 324.071, 324.077, 324.080, 324.086, 324.089, 324.139, 324.141, 324.212, 324.247, 324.415, 324.481, 324.487, 334.850, 337.712, 337.715, 337.718, 337.727, 337.730, 337.733, 346.015, 346.045, 346.050, 346.070, 346.075, 346.080, 346.090, 346.095, 346.100, 346.105, 346.115, 346.125)

These sections transfer certain powers and duties of the division of professional registration to specific boards or committees.

These sections give the Missouri Board of Occupational Therapy the power to take certain actions without the collaboration of the Division of Professional Registration.

The state board of registration for the healing arts is required to notify clinical perfusionist examinees of the results of their competency examination, rather than the division of professional registration. Licensed clinical perfusionists are required to inform the board, rather than the division, of their change of address.

The state Committee of Dietitians, the Board of Therapeutic Massage, the Interior Design Council, and the state Board of Chiropractic Examiners are each given the authority to prescribe the application for licensure for specific professions, rather than the division.

The power of the division to establish and collect application and licensure fees for respiratory therapists is revoked.

The state Committee of Marital and Family Therapists and the Missouri Board of Examiners for Hearing Instrument Specialists are given several powers and duties that were previously given to the division of professional registration.

These sections are identical to HB 841 (2009).

BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, PROFESSIONAL LAND SURVEYORS AND LANDSCAPE ARCHITECTS

(Section 327.442)

These sections authorize the board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects to conduct disciplinary hearings for licensees convicted of certain felonies.

The board also has the power to automatically deny licenses to anyone who has had a license revoked or denied in another state. However, the board may establish other qualifications by which such person may be licensed.

BOARD OF COSMETOLOGY AND BOARD OF BARBER EXAMINERS

(Sections 328.115, 328.150, 328.160, 328.030, 328.040, 328.050, 328.060, 328.140, 329.180, 329.190, 329.191, 329.200, 329.210, 329.220, 329.230, 329.240)

These sections repeal certain statutes regarding the Board of Cosmetology and the Board of Barber Examiners. After these two boards were merged, these statutes are obsolete. The amendment also updates certain statutory references

These sections are identical to SCS/HB 812 (2009).

VOLUNTEER LICENSES FOR DENTAL CARE PROFESSIONALS

(Sections 332.112, 332.113)

These sections allow the Dental Board to grant volunteer licenses to retired dentists and dental hygienists. Individuals seeking volunteer licenses are required to file an affidavit stating that they have been licensed for at least ten years, that their license has not been lapsed for the four years prior to their application for a volunteer license, that they are retired, and that their license was in good standing at retirement, and to have met examination and other requirements.

Effective with the licensing period beginning on December 1, 2010, dentists and dental hygienists with volunteer licenses must renew the volunteer licenses every two years and are required to submit evidence of current certification in life support and complete certain continuing education requirements.

Dentists with volunteer licenses may only provide dental and preventative care without compensation to family members and at certain facilities. Dental hygienists with volunteer licenses may only provide dental hygiene and preventative care without compensation to family members and at certain facilities.

Dentists and dental hygienists are not required to pay any fee for volunteer licenses.

These sections are similar to SCS/SB 361 (2009).

NURSE LICENSURE COMPACT

(Sections 335.300, 335.305, 335.310, 335.315, 335.320, 335.325, 335.330, 335.335, 335.340, 335.345, 335.350, 335.355)

These sections create a multistate nursing licensure compact for registered nurses and licensed practical/vocational nurses. This compact allows licensed registered nurses and licensed practical/vocational nurses to practice nursing in states which participate in the nurse licensure compact. All states wishing to participate in the compact must adopt articles of authorization listed by the act:

ARTICLE I - Finding and Declaration of Purpose;

ARTICLE II - Definitions;

ARTICLE III - General Provisions and Jurisdiction;

ARTICLE IV - Applications for Licensure in a Party State;

ARTICLE V - Adverse Actions;

ARTICLE VI - Additional Authorities Invested in Party State Nurse Licensing Boards;

ARTICLE VII - Coordinated Licensure Information Systems;

ARTICLE VIII - Compact Administration and Interchange of Information;

ARTICLE IX - Immunity;

ARTICLE X - Entry into Force, Withdrawal and Amendment; and

ARTICLE XI - Construction and Severability.

This compact does not relieve employers from complying with statutorily imposed obligations and does not supercede existing state labor laws.

These sections are similar to SCS/SB 237 & 137 (2009), SB 664 (2006), and HB 556 (2005).

PHARMACY

(Sections 338.010, 338.057, 338.013, 338.220, 338.337)

These sections change provisions regarding pharmacy. It allows pharmacists to administer pneumonia, shingles, and meningitis vaccines under certain circumstances and provides that permits are not required for pharmacists to perform nondispensing activities outside of pharmacies.

Pharmacy technicians may assist a pharmacist after they have applied for registration, until the board refuses to issue a certificate of registration. Pharmacy technicians' registration will lapse and become null and void thirty days after the expiration date.

The $10 filing fee for out-of-state drug distributors is changed to a fee in an amount established by the board.

Out-of-state wholesale drug distributors that manufacture drugs do not need to be licensed if they produce and distribute their drugs from a facility that maintains current approval by the Food and Drug Administration.

The requirement that the Board of Pharmacy publish a list of drug products for which substitution is not permitted is repealed.

These sections are similar to SB 369 (2009), HB 513 (2009), HB 957 (2009), HCS/HB 575 (2009), HCS/SB 215 (2009), HCS/SB 377 (2009), and HCS/HB 945 (2009) .

MENTAL HEALTH BENEFITS OR COVERAGE

(Section 376.811)

Current law requires that mental health benefits or coverage include at least two sessions per year to a licensed psychiatrist, licensed psychologist, licensed professional counselor, or licensed social worker. This section includes, subject to contractual provisions, a licensed marital and family therapist.

This section is similar to a portion of HCS/HB 945 (2009) and identical to a portion of SCS/HB 326 (2009).

TEETH-WHITENING SERVICES

(Section 1)

This section specifies that a person who provides teeth-whitening services to another person by products that are not available over-the-counter is engaged in the practice of dentistry.

EMILY KALMER