TRULY AGREED
CCS SCS HS HCS HB 1601, 1591, 1592, 1479 & 1615 & HCS HB 1094,
1213, 1311 & 1428 -- PROFESSIONAL REGISTRATION
This bill contains various provisions relating to the licensing
of certain professions.
DIETITIANS
The bill creates within the Division of Professional
Registration the State Committee of Dietitians, with provisions
pertaining to the appointment of committee members, length of
terms, vacancies, compensation, meetings of the committee, and
the removal of members for misconduct.
After July 1, 1999, no person is allowed to use the title of
licensed dietitian without first being licensed, unless the
person is furnishing verbal nutrition information as an operator
or employer of a weight loss program or business that sells
health products or the person is registered or licensed by this
state, another state, or any recognized national certification
agent acceptable to the division.
The bill also contains provisions regarding licensure of
dietitians, which include:
(1) a minimum age requirement;
(2) completion of an accredited didactic program in medical
nutrition therapy;
(3) the minimum educational requirements;
(4) the completion of a supervised practice requirement;
(5) passage of an examination as determined by the board;
(6) examination exemptions; and
(7) application for a license, license renewal and fees,
reciprocation, denial, suspension and revocation.
The bill creates within the state treasury the Dietitian Fund.
Moneys collected by the committee will be deposited in the fund
to be used to offset the costs incurred by the committee.
MASSAGE THERAPISTS
The bill establishes licensure for massage therapy, a health
care profession which treats the body's tonus system through the
scientific or skillful manipulation of the soft tissue of the
body.
The State Board for Therapeutic Massage and Bodywork is
established within the Division of Professional Registration,
with provisions regarding the makeup of the board, its duties,
terms of service, compensation, meetings, election of officers,
and the removal of its members.
The board will take applications, give examinations, collect
fees; conduct background checks on applicants; renew, suspend,
and revoke licenses; and file complaints with the Administrative
Hearing Commission.
The bill also establishes certain criteria that must be met
before obtaining a license, which include an age requirement,
passage of an accredited examination, and completion of a board--
approved curriculum.
Only licensed massage therapists, physical therapists,
chiropractors, athletic trainers, or persons belonging to
professions in which they are trained and licensed to perform
massage techniques are allowed to advertise as being able to
perform massages.
COSMETOLOGISTS
The State Board of Cosmetology is given authority to close down
cosmetology businesses which are operating without being duly
licensed.
Class CH and CA cosmetologists have until July 1, 1999, to
become licensed estheticians without taking an examination. The
State Board of Cosmetology has until October 1, 1998, to notify
all class CH and CA cosmetologists of their rights as provided
by the bill.
After July 1, 1999, any cosmetologist wishing to practice as an
esthetician must complete 750 hours of training and pass an
examination.
PODIATRISTS
After January 1, 2005, newly licensed podiatrists wishing to
perform surgery on the ankle must complete a 24 month residency
in podiatric surgery.
PHYSICIANS
The bill makes it unlawful for persons not licensed as
physicians to engage in the practice of medicine across state
lines and also establishes a definition of the practice of
medicine across state lines.
PHYSICAL THERAPISTS
Physical therapists and physical therapy assistants must acquire
30 hours of continuing education every 2 years.
PHYSICIAN ASSISTANTS
The bill allows physician assistants to prescribe and dispense
noncontrolled drugs, medications, devices, and therapies as long
as they are consistent with the scope of practice of the
physician assistant and the supervising physician.
Physician assistants and advanced practice nurses are allowed to
request, receive, and dispense professional samples to
patients. Physician assistants may not dispense or prescribe
anything that the supervising physician is not qualified or
authorized to dispense or prescribe. With exceptions, physician
assistants may only dispense starter doses of medication to
cover a limited period of time.
The bill replaces the certificate of registration for physician
assistants with a license and changes the name of the Advisory
Commission for Registered Physician Assistants to the Advisory
Commission for Physician Assistants.
PSYCHOLOGISTS
(1) Licensed psychologists, provisional licensed psychologists,
and temporary licenses for psychologists are defined;
(2) Requirements are specified to obtain any of these licenses;
(3) The State Committee of Psychologists is given authority to
determine eligibility for temporary licenses, including
reciprocity;
(4) Eligibility requirements are established to sit for
licensing examinations when applying under a reciprocal
agreement;
(5) The state committee is allowed to certify reciprocal
licensees' certification as health service providers; and
(6) The qualifications for professional education and training
for health service provider certification are changed.
REAL ESTATE APPRAISERS
(1) It will be unlawful, as of July 1, 1999, for persons to act
or hold themselves out as being real estate appraisers without
first being duly licensed by the Missouri Real Estate Appraisers
Commission;
(2) Appraisers' licenses may not be issued to partnerships,
associations, corporations, or firms. Nothing precludes
licensed appraisers from rendering appraisals on behalf of these
entities as long as the appraisal report is prepared, reviewed,
and signed by a licensed appraiser;
(3) Unlicensed persons are allowed to assist in the performance
of appraisals if they are acting under the direct supervision of
a licensed appraiser;
(4) Persons performing certified ad valorem tax appraisals are
permitted to use the title of real estate appraiser;
(5) Owners of property are allowed to appraise their own
property without being licensed;
(6) Real estate brokers and salespersons are exempted from
licensure when conducting market analysis or price opinions for
a listing or sale;
(7) Local, state, and federal employees are exempted from
licensure when acting within the scope of their employment; and
(8) Any employee or agent of a federal or state regulated
lending institution located in a third or fourth class county is
exempted from licensure.
AUDIOLOGISTS
The bill defines an audiologist, audiologist aide, hearing
instrument, hearing instrument specialist, the practice of
audiology, the practice of speech-language pathology, speech--
language pathology aide, and speech-language pathology assistant.
The bill also prohibits persons from holding themselves out as
being a speech-language pathologist, speech-language pathology
assistant, speech-language pathology aide, audiologist, or
audiology aide without first being duly licensed by the board.
Violators will be guilty of a class B misdemeanor. Persons in a
clinical fellowship are required to hold a provisional license
in speech-language pathology or audiology. Provisional licenses
may be extended for an additional year to allow for persons to
complete postgraduate experience. During that 12 month period,
persons must pass an examination approved by the board or
complete a master's or doctoral degree from an institution
accredited by the board.
Persons who engage in the practice of hearing instrument fitting
must deliver with each hearing instrument sold a completed
purchase agreement. The agreement will contain the terms of the
sale, which include the amount of the down payment, length of
any trial period, charges and service fees, and the right to
return. If the instrument is not new, that will be clearly
stated on the package and the agreement. Hearing instruments
may not be sold through the mail without first being properly
fitted.
The bill contains further provisions regarding eligibility for
licensure as a speech-language pathologist or audiologist, which
include ethical character and competence, providing evidence of
a postgraduate degree from an accredited institution, completion
of a clinical fellowship, reciprocal agreements, and the right
of the board to refuse to renew, suspend, and revoke licenses.
PROFESSIONAL REGISTRATION
Certified copies of original documents are deemed admissible as
evidence in all courts and administrative proceedings in this
state. The Director of the Division of Professional
Registration is allowed to contract with third parties to
collect, account for, and deposit fees on behalf of the division
and licensing agencies.
AIR CONSERVATION COMMISSION
At least 3 members of the Air Conservation Commission must
represent agricultural, industrial, and labor interests.
INTERIOR DESIGNERS
(1) Registration for commercial interior designers is
established under the Interior Design Council, which is created
within the Division of Professional Registration;
(2) Applicants for registration are required to pass
examinations administered and certified by the National Council
for Interior Design Qualification or examinations offered by the
American Institute of Interior Designers;
(3) Individuals may also be registered if they have accumulated
at least 15 years of experience in performing interior design;
(4) Provisions are made for registration and renewal,
collecting of fees, suspension and revocation, reciprocity,
fraud, and misrepresentation; and
(5) The Interior Designer Council Fund is established. The
fund will be used for the operation and administration of the
council.
ACUPUNCTURE
This bill establishes licensure for the practice of acupuncture
within the Division of Professional Registration. No person
can practice as an acupuncturist without first being licensed
with the division. The bill contains provisions allowing the
division to establish guidelines regarding qualifications, fees,
continuing education, rule-making authority, and license
renewal, suspension, and revocation.
Under this bill an auricular detox technician does not need a
license to practice acupuncture, as long as he or she only
performs auricular detox treatment under the supervision of a
licensed acupuncturist. An auricular detox technician is a
person who performs a very limited procedure consisting of the
insertion of acupuncture needles into a specific point of the
outer ear of a person undergoing drug or alcohol treatment.
TATTOOS
This bill regulates the practice of body piercing, tattooing,
and branding. Informed written parental consent is required for
minors in the presence of the person performing the tattooing,
branding, or body piercing. Anyone misrepresenting him- or
herself as a parent or guardian is guilty of a class B
misdemeanor. Tattooing and body piercing are prohibited when
the person to be tattooed, branded, or pierced is under the
influence of intoxicating liquor or a controlled substance.
Violators of this bill are guilty of a misdemeanor.
The Director of the Department of Economic Development will
issue a license to tattoo establishments for a fee of $75.
Rules and regulations will enforce certain standards of hygiene.
INSURANCE BROKERS
The bill allows insurance agencies to pay one fee for the
listing filed with the Department of Insurance. The term
"administrator" is expanded to include adjusters licensed in the
state or workers' compensation insurers.
AMBULANCES
An emergency medical technician, registered nurse, or physician
must be in attendance in the ambulance compartment when patients
are transported. This only applies to ambulances operating in
Cass County.
REAL ESTATE BROKERS
The designation of transaction broker for real estate licensees
is established. Real estate licensees acting in a third party
capacity without entering into a written agreement with any of
the interested parties will be known as transaction brokers.
The bill contains provisions relating to the duties of the
transaction broker, which include performing the terms of the
agreement, presenting offers and counter offers, keeping
interested parties informed of activities, accounting for money
and property received, not disclosing to opposite parties
discussions regarding willingness to pay or accept, not
disclosing motivating factors for buying or selling, and not
disclosing confidential information unless it is required by
law. Transaction brokers are allowed to show alternative
properties, list competing properties, and serve in different
agent capacities.
The bill contains penalty provisions and an effective date for
certain sections.
PERFECTED
HS HCS HB 1601, 1591, 1592, 1479 & 1615 -- PROFESSIONAL
REGISTRATION (Treadway)
This substitute contains provisions regarding cosmetologists,
psychologists, real estate appraisers, the Division of
Professional Registration, and interior designers.
COSMETOLOGISTS
(1) The State Board of Cosmetology is given the authority to
close down cosmetology shops which are operating without being
duly licensed; and
(2) The board is permitted to suspend and revoke licenses of
cosmetology shops which employ individuals to provide
cosmetology services who are not licensed by the board.
PSYCHOLOGISTS
(1) Licensed psychologists, provisional licensed psychologists,
and temporary licenses for psychologists are defined;
(2) Requirements are specified to obtain any of the licenses;
(3) The State Committee of Psychologists is given authority to
determine eligibility for temporary licenses, including
reciprocity;
(4) Eligibility requirements are established to sit for
licensing examinations when applying under a reciprocal
agreement;
(5) The state committee is allowed to certify reciprocal
licensees' certification as health service providers; and
(6) The qualifications for professional education and training
for health service provider certification are changed.
REAL ESTATE APPRAISERS
(1) It will be unlawful, as of July 1, 1999, for persons to act
or hold themselves out as being real estate appraisers without
first being duly licensed by the Missouri Real Estate Appraisers
Commission;
(2) No appraisers licenses may be issued to partnerships,
associations, corporations, or firms. Nothing shall preclude
licensed appraisers from rendering appraisals on behalf of these
entities as long as the appraisal report is prepared, reviewed,
and signed by a licensed appraiser;
(3) Unlicensed persons are allowed to assist in the performance
of appraisals if they are acting under the direct supervision of
a licensed appraiser;
(4) Persons performing Certified Ad Valorem Tax Appraisals are
permitted to use the title of real estate appraiser;
(5) Owners of property are allowed to appraise their own
property without being licensed;
(6) Real estate brokers and salespersons are exempted from
licensure when conducting market analysis or price opinions for
a listing or sale;
(7) Local, state, and federal employees are exempted from
licensure when acting within the scope of their employment; and
(8) Any employee or agent of federal or state regulated lending
institutions is exempted from licensure.
PROFESSIONAL REGISTRATION
(1) Certified copies of original documents are deemed
admissible as evidence in all courts and administrative
proceedings in this state; and
(2) The Director of the Division of Professional Registration
is allowed to contract with third parties to collect, account
for, and deposit fees on behalf of the division and licensing
agencies.
INTERIOR DESIGNERS
(1) Registration for commercial interior designers is
established under the Interior Design Council, which is created
within the Division of Professional Registration;
(2) Applicants for registration are required to pass
examinations administered and certified by the National Council
for Interior Design Qualification or examinations offered by the
American Institute of Interior Designers;
(3) Individuals may also be registered if they have accumulated
at least 15 years of experience in performing interior design;
(4) Provisions are made for registration and renewal,
collecting of fees, suspension and revocation, reciprocity,
fraud, and misrepresentation; and
(5) The Interior Designer Council Fund is established. The
fund will be used for the operation and administration of the
council.
FISCAL NOTE: Estimated Net Effect to Professional Registration
Fees Fund of $0 in FY 1999, FY 2000, and FY 2001. Estimated Net
Income to Real Estate Appraisers Fund of $76,950 in FY 1999,
$50,250 in FY 2000, and $51,750 in FY 2001. Estimated Net
Effect to Interior Designer Council Fund of $148,177 in FY 1999,
$62,200 in FY 2000, and $146,953 in FY 2001.
COMMITTEE
HCS HB 1601, 1591, 1592, 1479 & 1615 -- PROFESSIONAL REGISTRATION
SPONSOR: Treadway
COMMITTEE ACTION: Voted "do pass" by the Committee on
Professional Registration and Licensing by a vote of 16 to 0.
This substitute contains provisions regarding psychologists,
real estate appraisers, the Division of Professional
Registration, and interior designers. These provisions include:
PSYCHOLOGISTS
(1) Licensed psychologists, provisional licensed psychologists,
and temporary licenses for psychologists are defined;
(2) Requirements are specified to obtain any of the licenses;
(3) The State Committee of Psychologists is given authority to
determine eligibility for temporary licenses, including
reciprocity;
(4) Eligibility requirements are established to sit for
licensing examinations when applying under a reciprocal
agreement;
(5) The state committee is allowed to certify reciprocal
licensees' certification as health service providers; and
(6) The qualifications for professional education and training
for health service provider certification are changed.
REAL ESTATE APPRAISERS
(1) It will be unlawful, as of July 1, 1999, for persons to act
or hold themselves out as being real estate appraisers without
first being duly licensed by the Missouri Real Estate Appraisers
Commission;
(2) Unlicensed persons are allowed to assist in the performance
of appraisals if they are acting under the direct supervision of
a licensed appraiser;
(3) Persons performing Certified Ad Valorem Tax Appraisals are
permitted to use the title of real estate appraiser;
(4) Owners of property are allowed to appraise their own
property without being licensed;
(5) Real estate brokers and salespersons are exempted from
licensure when conducting market analysis or price opinions for
a listing or sale;
(6) Local, state, and federal employees are exempted from
licensure when acting within the scope of their employment;
(7) Full-time employees of federal or state regulated lending
institutions are exempted from licensure;
(8) Several new definitions are established, including
Appraisal Standards Board, Appraiser Qualifications Board,
Broker Price Opinion, Certificate, Certificate Holder,
Comparative Market Analysis, Appraiser, Real Estate Appraising,
Real Property, Residential Real Estate, State Certified
Appraiser, Subdivision, and Temporary Appraiser License;
(9) Three classes of licenses are established: State Licensed
Real Estate Appraiser, Certified Residential Real Estate
Appraiser, and Certified General Real Estate Appraiser;
(10) The license application process and qualifications are
specified; and
(11) License renewal, continuing education, and disciplinary
action by the commission are provided for.
PROFESSIONAL REGISTRATION
(1) The director of the Division of Professional Registration
is required to provide all boards under the division with all
forms necessary for application for examination and licensure,
to issue all original licenses and certificates, and to provide
all personnel for administrative purposes;
(2) Expense vouchers of each board are subject to review and
approval in the same manner as those of the division;
(3) Board personnel are placed under the state's uniform
classification and pay plan;
(4) Complaints against any of the boards must be logged with
the division and then submitted to each individual board for
disposition;
(5) Certified copies of original documents are deemed
admissible as evidence in all courts and administrative
proceedings in this state.
INTERIOR DESIGNERS
(1) Registration for commercial interior designers is
established under the Interior Design Council, which is created
by the bill within the Division of Professional Registration;
(2) Applicants for registration are required to pass
examinations administered and certified by the National Council
for Interior Design Qualification or examinations offered by the
American Institute of Interior Designers;
(3) Individuals may also be registered if they have accumulated
at least 15 years of experience in performing interior design;
(4) Provisions are made for registration and renewal,
collecting of fees, suspension and revocation, reciprocity,
fraud, and misrepresentation; and
(5) The Interior Designer Council Fund is established. The
fund will be used for the operation and administration of the
council.
This substitute contains penalty provisions.
FISCAL NOTE: Estimated Net Increase to Professional
Registration Fund of $37,439 in FY 1999, $191,472 in FY 2000,
and $376,232 in FY 2001. This does not reflect the potential
decrease in license fees due to savings. Savings could exceed
amount stated. Estimated Net Increase to Real Estate Appraisers
Fund of $76,950 in FY 1999, $50,250 in FY 2000, and $51,750 in
FY 2001. Estimated Net Effect to Interior Designer Council Fund
of an increase of $148,177 in FY 1999, a cost of $62,200 in FY
2000, and an increase of $146,953 in FY 2001.
PROPONENTS: Supporters of HB 1479 say that the problem that has
occurred is that many qualified persons are unable to receive
third party reimbursement. There is also a need for the
provisional and temporary licenses for those psychologists which
have just graduated from school and those coming from other
states. Supporters of HB 1591 and 1592 say they would bring
Missouri into compliance with federal law in regards to real
estate appraisers and clean up the statutes. Supporters of HB
1601 say this language would make the division of professional
registration a much more effective agency. Supporters of HB
1615 say this bill is a compromise and brings together the
interior designers and the architects. It is felt that these
professions complement each other.
Testifying for the bills were Representatives Treadway, Stoll,
and Wilson; Missouri Psychology Association; Dana Espenal;
American Institute of Architects; Missouri Real Estate
Appraisers Commission; Missouri Association of Realtors; and
Missouri Bankers Association.
OPPONENTS: Those who oppose HB 1615 say that those working in
the home furnishing field need representation and protection.
They feel it is necessary to state whether these persons are
commercial or residential interior designers.
Testifying against HB 1615 was Missouri Home Furnishing
Association.
Bob Dominique, Legislative Analyst
Missouri House of Representatives' Home Page