HCS/SB 125 - This act modifies provisions relating to certain licensed professions.
CONSTRUCTION INDUSTRY EMPLOYERS (Sections 71.960 & 71.961) - The act prohibits any municipality from requiring a construction industry employer to maintain any policy of insurance other than workers' compensation and general liability as a condition prior to issuing a residential building permit. In addition, the act prohibits a municipality from requiring the construction industry employer to hold a certificate, license, or degree.
These provisions are identical to HB 869 (2017) and similar to HB 1298 (2015).
VOLUNTEER HEALTH SERVICES ACT (Sections 191.1100-191.1116) - The act expands the Volunteer Health Services Act to allow health care providers not affiliated with a sponsoring organization to register with their licensing boards, by providing a registration form and a $50 fee, before providing volunteer health care services to uninsured and underserved individuals. Such health care providers shall then be exempt from any action arising out of such treatment except for any act or omission that was the result of gross deviation from the ordinary standard of care or willful misconduct. The act allows a health care professional to earn up to 8 hours of continuing education credits for volunteer services provided, under these provisions, to eligible patients.
These provisions are identical to HCS/HB 1050 (2017).
CONE BEAM TOMOGRAPHY SYSTEMS AND X-RAY SYSTEMS (Section 192.500) - This act defines "cone beam computed tomography system" "panoramic x-ray system" and establishes inspection timeline requirements for such systems.
These provisions are identical to provisions of CCS/SB 50 (2017) and SCS/HB 815 (2017), similar to provisions in HB 813 (2017), and similar to SB 212 (2017) and SCS/HB 349 (2017).
REGULATION OF PROFESSIONS (Section 324.001) - This act establishes guidelines for the regulation of occupations and professions not currently regulated by the Division of Professional Registration, as well as guidelines for substantially increasing the scope of practice of currently regulated occupations and professions. The act specifies that the state may not impose a substantial burden on an individual's pursuit of his or her occupation or profession unless there is an important governmental interest for the state to protect the general welfare. If an important governmental interest exists, the regulation adopted by the state must be substantially related to the public interest to be protected. All bills introduced in the General Assembly to regulate an occupation or profession for the first time or to substantially increase the scope of practice must be reviewed according to specific criteria.
These provisions are identical to HCS/HBs 480, et al. (2017) and similar to SB 447 (2017).
DIVISION OF PROFESSIONAL REGISTRATION (Section 324.003) - This act provides the acceptable ways in which a professional licensee or holder of a permit, certificate, or registration may submit payment, application, requests for educational time extensions, or notify his or her licensing board for changes to items required as part of licensure to the Division of Professional Registration or its component boards, committees, offices, and commissions.
These provisions are substantially similar to provisions in CCS/HCS/SB 501 (2017).
PUBLIC ACCOUNTANTS (Sections 326.256-326.325) - This act modifies provisions relating to the practice of public accountants. The act modifies several definitions related to the profession of accountancy. The act also lowers the age that someone can become licensed as an accountant from 21 to 18.
A certified public accounting firm that does not have an office in the state of Missouri may offer or perform attest or compilation services in Missouri without a permit if it meets certain requirements, as set forth in the act. All firms practicing public accounting in the state of Missouri shall register with the Secretary of State, unless they are exempted as described in the act.
The act repeals several provisions relating to review services done by a public accountant or a public accounting firm and repeals a provision stating that a licensee who supervises review services or signs or authorizes someone to sign review reports shall meet competency requirements as determined by the Board. The act also repeals a provision that states that, prior to January 1, 2008, licensees who perform fewer than 3 attest services a year shall be exempt from the requirement to undergo peer review as described in the act.
The act repeals a provision relating to documents subject to lawful discovery in a court proceeding pursuant to the Missouri Rules of Civil Procedure prior to August 28, 2001. The act also repeals a provision about the power of the Missouri State Board of Accountancy to revoke the permit of a CPA firm.
These provisions are identical to HB 1060 (2017) and substantially similar to SB 395 (2017).
LAND SURVEYORS (Sections 327.313 & 327.321) - Current law requires an applicant for land surveyor-in-training to provide at three letters of reference, one of which must be from a professional land surveyor who has personal knowledge of the applicant's land surveying education or experience. Additionally, an applicant for licensure as a professional land surveyor must provide at least 3 letters of reference, all of which must be from professional land surveyors with personal knowledge of the experience of the applicant's land surveying education or experience. This act repeals these requirements.
These provisions are identical to HB 557 (2017) and provisions in SCS/HB 815 (2017), and are identical to HB 2461 (2016).
BOARD OF COSMETOLOGY AND BARBER EXAMINERS (Sections 328.025-329.275) - This act requires the Board of Cosmetology and Barber Examiners to issue a duplicate license, when a licensed cosmetologist or barber appears in person at the Board's office or the licensed cosmetologist or barber mails a notarized affidavit stating that the original license has been destroyed, lost, mutilated beyond practical usage, or was never received.
These provisions are similar to provisions in HB 813 (2017) and SCS/HB 815 (2017).
This act provides that the practice of cosmetology and barbering does not include hair braiding. The act requires that all individuals engaging in hair braiding for compensation first register with the Board of Cosmetology and Barber Examiners. The purpose of registration is only to maintain a list of individuals who engage in hair braiding for compensation and does not authorize the Board to license or regulate the practice of hair braiding in any way. The Board may charge registrants a fee of not more than $25 dollars.
No political subdivision shall require a licensed barber or cosmetologist practicing within a barber shop or cosmetology shop to obtain a business license or operating license.
The Board shall prepare a brochure containing information about infection control techniques and diseases of the scalp. The brochure shall contain a self-test with questions on the information in the brochure. In order to be exempt from licensure under the chapter, an individual registered as a hair braider is required to complete the self-test and make it available upon request.
The act also removes the requirement that applicants for a barber license be free of contagious or infectious diseases. The act removes the good moral character requirement for cosmetologists and specifies that applicants shall be denied licensure if they have been guilty of any one of a set list of offenses, as set forth in the act.
Under current law, the Board will grant a license, without first requiring examination, to an applicant who already holds a license in another state where the requirements for licensure are substantially equal to the licensing requirements in Missouri. This act removes the substantially similar requirement.
These provisions are substantially similar to SCS/HCS/HB 230 (2017), and similar to SCS/SB 227 (2017) and HB 1770 (2016).
HOSPITALS EMPLOYING ORAL HEALTH PROVIDERS (Section 332.081) - This act allows licensed hospitals to employ a dentist, an oral and maxillofacial surgeon, and a maxillofacial prosthodontist to treat conditions specified in the act.
These provisions are identical to provisions contained in CCS/SB 50 (2017) and SCS/HB 815 (2017), and substantially similar to provisions contained in HB 813 (2017).
COLLABORATIVE PRACTICE ARRANGEMENTS (Sections 334.037-334.735) - The act changes the geographic proximity requirement in a collaborative practice arrangement between an assistant physician and a collaborating physician to 75 miles, if the assistant physician is operating in a federally-designated health professional area. By rule, if an assistant physician is not operating in a federally-designated health professional area, the geographic proximity requirement is 30 miles.
The act also changes the geographic proximity requirement in a collaborative practice arrangement between an advanced practice registered nurse and a collaborating physician to 75 miles, if the advanced practice registered nurse is operating in a federally-designated health professional area. By rule, if an advanced practice registered nurse is not operating in a federally-designated health professional area, the geographic proximity requirement is 30 miles.
Currently, a physician assistant and supervising physician must be no further than 50 miles apart when the physician assistant is practicing at certain locations. The act changes that distance to 75 miles.
These provisions are similar to provisions in SCS/HB 815 (2017).
OPTOMETRISTS (Section 336.080) - This act provides that 2 hours out of the currently required 32 hours of continuing education for optometrists must be in the area of Missouri jurisprudence.
These provisions are identical to provisions in SCS/HB 815 (2017).
PSYCHOLOGY INTERJURISDICTIONAL COMPACT (Sections 337.100- 337.165) - This act establishes a new psychology interjurisdictional compact for the practice of psychology. The compact does not apply to permanent in-person practice, but regulates the temporary practice of psychology and the day to day practice of telepsychology. Telepyschology is defined in the compact as the provision of psychological services using telecommunication technologies.
Psychologists licensed in a compact state, also known as the home state, are allowed to practice telepsychology into other compact states, referred to as receiving states, where the psychologist is not licensed under an authority to practice interjurisdictional telepsychology. In order to obtain this authority the psychologist must 1) meet certain education requirements; 2) possess a current license to practice psychology from a compact state; 3) have no history of adverse action against his or her license and no criminal record in violation of Psychology Interjurisdictional Compact Commission rules; 4) possess a current E. Passport, as defined in the compact; 5) attest to conformity with standards of practice and competence in telepsychology technology, and knowledge of legal requirements in home and receiving states; and 6) meet any other criteria as required by the Psychology Interjurisdictional Compact Commission and defined by rule.
The home state maintains authority over the license of the psychologist practicing telepsychology into a receiving state, but the psychologist is subject to the receiving state's scope of practice requirements. The receiving state may limit or revoke a psychologist's authority to practice interjurisdictional telepsychology into the receiving state.
A psychologist may practice in a receiving state under the authority to practice interjurisdicitonal telepsychology only in performance of the scope of practice for psychology as assigned by a state psychology regulatory authority and when the psychologist initiates patient contact from a home state via telecommunications technologies with a patient in the receiving state and in accordance with rules promulgated by the Psychology Interjurisdictional Compact Commission.
A psychologist licensed in a compact state may also practice temporarily in other compact states where the psychologist is not licensed, referred to in the compact as distant states. In order to obtain temporary authorization to practice a psychologist must 1) meet certain education requirements; 2) possess a current license to practice psychology from a compact state; 3) have no history of adverse action against his or her license and no criminal record in violation of Commission rules; 4) possess a current interjurisdictional practice certificate (IPC); 5) attest to intended areas of practice and work experience; and 6) meet any other criteria as required by the Commission and defined by rule.
The psychologist practicing under a temporary authorization to practice must practice within the scope of practice as authorized by the distant state. The psychologist is subject to the distant state's laws, and the distant state may limit or revoke the psychologist's temporary authorization to practice in the distant state.
When a home state takes adverse action against a psychologist's license then the psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice is terminated and his or her E. Passport or IPC is revoked. A compact state must report actions against a licensee to the Commission. When a complaint is filed against a licensee for conduct occurring in a receiving state, the licensee's home state psychology regulatory authority must investigate and take appropriate action as if the conduct had occurred within the home state. In such cases the home state’s law shall be used to determine any adverse action against the psychologist's license.
When a psychologist's conduct is reported who is practicing under a temporary authorization practice and such conduct occurred in a distant state, then the distant state's psychology regulatory authority shall investigate and take appropriate action. In these types of cases the distant state's law shall control in determining any adverse action against a psychologist's temporary authorization to practice.
The compact allows compact state psychology regulatory authorities the ability to issue subpoenas and cease and desist orders in order to revoke a psychologist's authority to practice interjurisdictional telepsychology and temporary authorization to practice.
A psychologist may not change his or her home state licensure during any investigation. Once an investigation is completed, the home state shall report the conclusions of the investigation to the Commission and the psychologist may then change his or her home state licensure. All information provided to the Commission by a compact state shall be confidential.
The Commission must develop and maintain a coordinated licensure information system or coordinated database, which contains licensure and disciplinary action information on all psychologists practicing under the compact. Compact states must submit a uniform data set to the coordinated database on all licensees which includes information as provided in the compact such as identifying information and any adverse actions taken against the licensee. Compact states may designate information that may not be shared with the public without express permission from the compact state reporting the information.
The compact creates the Psychology Interjurisdictional Compact Commission. Each compact state’s psychology regulatory authority shall appoint one delegate to serve as a commissioner. The delegate will have the authority to act on behalf of the compact state. The Commission must meet once a year and all meetings are open to the public. The Commission may close a meeting to discuss certain matters as established in the compact. All documents of a closed meeting will remain closed unless a majority of the commissioners vote to release such records or upon court order.
The Commission shall create bylaws and rules in order to govern its conduct and carry out the purposes of the compact. The compact requires the Commission to promulgate certain rules including rules which establish a fiscal year for the Commission and procedures for meetings and the election of officers. The Commission must publish the bylaws and file a copy with each compact state.
The Commission shall have the authority to: 1) bring and prosecute legal proceedings in the name of the Commission; 2) purchase and maintain insurance and bonds; 3) contract for services of personnel; 4) hire employees; 5) accept donations and grants; 6)lease or purchase property; 7) establish a budget and make expenditures; 8) borrow money; 9) appoint committees; 10) cooperate with law enforcement including providing and receiving information; and 11) adopt and use an official seal. The Commission may also collect an annual fee from each compact state to cover the cost of operations. All receipts and disbursements of funds handled by the Commission shall be audited yearly.
The Commission shall elect officers and such officers shall serve as the executive board. The board shall have the power to act on behalf of the Commission according to the terms of the compact. The board shall be composed of five voting members and one ex-officio nonvoting member. The board shall recommend to the Commission changes in the bylaws, rules, compact legislation, annual dues paid by compact states, and any other applicable fees. The board shall also maintain the Commission's financial records and prepare and recommend the budget. The board has the responsibility of monitoring compact compliance by member states and prepare and submit compliance reports to the Commission.
The members, officers, executive director, employees and representatives of the Commission shall be immune from civil suit and liability, both personally and in their official capacity, for any claim arising out of an act or omission committed within the scope of Commission employment. However, immunity from civil liability shall not exist if the person's misconduct was intentional, willful, or wanton. The Commission shall defend any member, officer, executive director, employee or representative in any civil action seeking to impose liability arising out of an act or omission that occurred within the scope of Commission employment or duties.
The compact provides the procedures the Commission must follow in order to promulgate a rule which include public notice and hearing requirements. A majority of compact states may reject a rule promulgated by the Commission by enacting a statute or resolution in the same manner used to adopt the compact.
The government of each compact state must enforce the compact and take all actions necessary to effectuate the compact’s purposes and intent. The Commission shall be entitled to receive service of process and standing to intervene in any judicial or administrative proceeding pertaining to the subject matter of the compact which may affect the powers, responsibilities, or actions of the Commission. If the Commission is not provided service of process, then any judgment or order shall be void as to the Commission, the compact, or promulgated rules.
The compact provides procedures the Commission is to follow when a compact state defaults in required performance of its obligations or responsibilities under the compact or promulgated rules. A compact state shall only be terminated from the compact after all other means of securing compliance have been exhausted. A compact state may withdraw from the compact by repealing the compact statutes.
The compact shall go into effect after 7 states have enacted the compact legislation.
These provisions are identical to HB 227 (2017) and substantially similar to SB 462 (2017).
SPEECH-LANGUAGE PATHOLOGISTS & AUDIOLOGISTS (Section 345.051) - Under the act, license renewal for speech-language pathologists and audiologists shall occur no less frequently than 3 three years. Additionally, the continuing education requirements for licensed speech-language pathologists and audiologists is limited to 30 hours triennially.
These provisions are identical to provisions in CCS/SB 50 (2017), HCS/SB 501 (2017), SCS/HB 815 (2017), and similar to provisions in HB 813 (2017).
NEW BOARDS AND COMMISSIONS REGULATING PROFESSIONS (Section 621.280) - For any new board or commission charged with regulating or licensing an occupation or profession, the act specifies that those practitioners actively engaged in a newly regulated occupation or profession for at least 1 year prior to the effective date of the regulatory statute must have a property right in his or her continued legal ability to engage in his or her occupation or profession and specified due process rights. Any refusal of licensure by the board shall be in writing and any practitioner denied licensure shall then have the right to appeal the decision.
These provisions are identical to SB 429 (2017), HCS/HBs 480, et. al (2017), and SB 829 (2016).