HS/HCS/HB 1242 - This act contains provisions dealing with several professions regulated by the Division of Professional Registration.

ENDOWED CARE CEMETERIES - The act contains provisions regarding certificates of authority for the operation of endowed care cemeteries. The provisions include 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.

DIETITIANS - The act expands the authority of the Committee of Dietitians regarding the issuance and renewal of licenses. The committee may refuse to issue or renew for the following causes: pleading guilty in a criminal prosecution, incompetence, misconduct, gross negligence, fraud, violation of rules and regulations promulgated by the committee, use of misleading advertisements, obtaining fees through fraud or deception, use or unlawful possession of controlled substances, and alcohol abuse to the extent it impairs the person's ability to perform the work of his or her profession. Members of the committee cannot be held personally liable for acts committed during the performance of their official duties.

The Administrative Hearing Commission may place licensed dietitians on probation for a period of up to 5 years or to suspend licenses for up to 3 years. A licensee who has had a license revoked may apply for relicensing one year after the date of revocation. Relicensing will be at the discretion of the committee.

After July 1, 2000, any person who uses the title of licensed dietitian without being duly licensed will be guilty of a class A misdemeanor.

BRANDING AND BODY PIERCING - The act gives the Director of Professional Registration the authority to promulgate rules and regulations regarding hygienic practices and sanitary operations for branding and body piercing.

The act also gives the Division the authority to restrain persons from practicing this profession if they are not licensed or if they pose a danger to the health, safety, or welfare of the public.

No person shall tattoo, brand, or pierce the genitals or female breast of another person under the age of 18.

COSMETOLOGISTS - The act allows the Board of Cosmetology to employ inspectors who do not hold licenses in cosmetology.

The act also prohibits cosmetologists from referring persons to abortion services.

FUNERAL DIRECTORS - The act allows the State Board of Funeral Directors and Embalmers to issue limited licenses. Limited licenses will be available for persons wishing to work in funeral establishments licensed only to perform cremations. Applicants are required to pay application and examination fees and successfully complete the Missouri law portion of the funeral director's practical examination.

Persons with limited licenses are exempted from participating in funeral director apprenticeship programs.

The board is permitted to grant license extensions to persons who have allowed their licenses to lapse.

DENTAL HYGIENIST - The act establishes the five-member Advisory Commission for Dental Hygienists. It will be the duty of the commission to approve educational requirements for hygienists, annually review the practice act, and make recommendations to the State Dental Board.

CHIROPRACTIC - The State Board of Chiropractic Examiners is given authority to issue temporary licenses to qualified individuals and approve postgraduate study necessary to renew licenses.

IMMUNITY FROM REPORTING - Physicians' health programs are included among the persons and agencies which are immune from liability for providing information to the Board of Healing Arts regarding licensees or applicants for license during the course of an investigation.

PHYSICIAN ASSISTANTS - The definition of "supervision of physician assistants" is expanded to allow supervising physicians to be available via telecommunications for consultation, assistance, or intervention.

Physician assistants are required to practice within 30 miles of the supervising physician. The mileage limit on physician assistants practicing in federally designated health professional shortage areas will be 50 miles.

No physician may serve as the supervising physician for more than 3 full-time physician assistants. This provision does not apply to physician assistant agreements with hospitals.

Physician assistants are required to practice at least one month under the direct supervision of a physician before being allowed to practice independently of the supervising physician.

The act requires physicians to be present at least 20% of the clinic hours in any clinic utilizing physician assistants.

Physician assistants while acting within their scope of practice cannot counsel or refer patients for abortion services.

REAL ESTATE BROKERS - The act prohibits any person from receiving a fee for the referral of real estate unless the person is licensed as a broker or salesperson or is regularly engaged in the real estate business in another state or foreign country.

The act also requires that reasonable cause be established before any commission is paid by a licensee. Reasonable cause does not exist unless the party seeking compensation actually introduces the business to the licensee before a relationship is established between the licensee and the principal to the transaction. Even though reasonable cause exists, it will not guarantee the interested party a legal right to receive compensation.

Nothing shall prohibit any person from joining any organization in which one of the benefits of membership may be that the organization can negotiate for a reduced rate or price for real estate costs. Any rebates from a commission must be paid directly from the licensee and must be paid at closing.

TERMITE INSPECTIONS - Any inspections conducted for evidence of termites must be reported on the wood destroying insect inspection form approved by the United States Department of Housing and Urban Development. All inspections must be performed by persons certified by the Department of Agriculture.

ADMINISTRATIVE HEARING COMMISSION - The act requires that licensees regulated by the Division of Professional Registration be notified by the Administrative Hearing Commission prior to any interviewing or questioning regarding infractions or violations of licensing laws which could cause the licensee's license to be suspended or revoked, that the state of Missouri will be represented by an attorney, and that the licensee has the right to be represented in the proceedings by an attorney.

TANNING FACILITIES - Operators of tanning facilities are prohibited from referring any person for abortion services.

FEMALE GENITAL MUTILATION - The act makes it a Class B felony to excise or infibulate, in whole or in part, the genital organs of a female less than 17 years old or to permit these procedures to be done. Neither the belief that such conduct is required as a matter of custom, ritual, or standard practice, nor the consent of the child or the child's parents is an affirmative defense. The act does make such procedures permissible if necessary to preserve the health of the child or for medical purposes associated with labor or birth.

MENTAL HEALTH - Any licensed mental health care provider wishing to perform repressed memory therapy must first obtain written informed consent.
TOM MORTON