SCS/HCS/HB 1689 - This act modifies numerous provisions regarding certain professional licenses.

RECIPROCITY AND INACTIVE STATUS - If the licensing board deems another state to have substantially equivalent licensing requirements, then any person licensed as a geologist, massage therapist, interior designer, barber, cosmetologist, chiropractor, optometrist, real estate agent, veterinarian, or hearing aid dealer or fitter in such state may obtain a license in this state, regardless of any minimum age requirement in such state.

Any licensed geologist, massage therapist, interior designer, barber, cosmetologist, chiropractor, optometrist, psychologist, professional counselor, social worker, marriage and family therapist, real estate agent, veterinarian, or hearing aid fitter and dealer, may apply for an inactive license. Requirements for an inactive license shall be established by the board by rule. An inactive licensee may return to active status by notifying the appropriate board and meeting certain other requirements. If an inactive license lapses for less than five years, the person may return the license to active status by notifying the board, paying fees and meeting established licensure requirements except for the licensing examination.

Persons possessing temporary licenses as interior designers, barbers, cosmetologists, chiropractors, optometrists, real estate agents, veterinarians, or hearing aid dealers and fitters, may place their license on inactive status until the licensee is able to complete requirements for permanent licensure.

INTERIOR DESIGNERS - The act places the regulation of interior designers under the control of the division of professional registration, instead of the interior design council.

PRIVATE INVESTIGATORS - The act creates the Board of Private Investigator Examiners within the division of professional registration. The board shall comprise five members, all of whom shall be private investigators. It shall be unlawful for a person to provide private investigative services without first obtaining a license.

The act contains provisions concerning the creation of a board fund, persons exempted from licensure, application, training and examination requirements, certification of private investigator trainers, background checks on applicants, grounds for denial, suspension or revocation of a license, fees, forms and display of license, renewal of license and reciprocity.

Information acquired by a licensee concerning a criminal offense may be disclosed to the board, any law enforcement agency, a prosecutor or the licensee's representative. Licensees are prohibited from creating false reports, manufacturing evidence, or presenting themselves as state or federal officers. Provisions regarding recordkeeping of employee information and advertising requirements are included in the act.

Records of business transactions must be kept for seven years. Under certain circumstances, such records may be examined by the board.

A first violation of any provision of Sections 324.1100 to 324.1140 shall be a Class A misdemeanor. Subsequent violations shall be a Class D felony. Any person who knowingly falsifies information that is required to be submitted by Sections 324.1100 to 324.1140 shall be guilty of a Class D felony.

ACCOUNTANTS - This act allows temporary practice in this state by accountants from an outside state whose work in this state is incidental to their regular representation of a client.

The higher competency requirements for supervising attest services are separated from the requirements for supervising review and compilation services by the act. The requirement of a peer review of an accountant's license is also limited by the act to accounting firms, as is the issuance of review and compilation services.

The act allows the board to act by rule to permit licensed accountants to perform certain services on a contingency fee basis.

ARCHITECTS, ENGINEERS, LAND SURVEYORS AND LANDSCAPE ARCHITECTS - This act changes the name of the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects to the Missouri Board for Architects, Engineers, Land Surveyors and Landscape Architects. The act includes landscape architects in sections concerning non-transferability of right to practice and use of a personal seal.

ELECTROLOGISTS - The act creates a license classification for electrologists within the board of cosmetology. The act provides requirements for applicants seeking licensure as an electrologist as well as requirements for schools offering courses in electrolysis. The act contains a grandfather clause for certain persons.

HAIR BRAIDERS - The act creates a license classification for hair braiders within the board of cosmetology. The act provides requirements for applicants seeking licensure as a hair braider as well as requirements for schools offering courses in hair braiding.

DENTISTS - The act permits the dental board to investigate alleged violations of the practice act by not-for-profit corporations licensed to practice dentistry in this state. The definition of dentistry includes the review of exam findings, x- rays, or other patient data in order to decide about the dental care of a patient.

Current law prohibits any person from practicing dentistry without a license. This act prohibits corporations or entities from practicing without a license as well. Only 501(c)(3) corporations under Chapters 355 or 356, RSMo, will be allowed to practice dentistry. Such corporations must only provide dental services to Medicaid recipients and to those persons with income under 200 percent of the federal poverty level and such patients must make up 90 percent of the corporation's practice. They must only employ Missouri-licensed dentists, dental hygienists, and dental assistants. The corporation must be organized for health purposes only. No 501(c)(3) corporation under Chapter 355, RSMo, may interfere with a licensed dentist's professional judgment. Such corporations may apply for a license to practice dentistry in Missouri. Licensed corporations will be subject to all disciplinary and license approval procedures (Section 332.081).

Corporations and entities are added to current law which imposes a Class A misdemeanor on persons who practice without a license and allows injunctions or restraining orders to prevent further unauthorized practice.

The dental board may enter into diversion agreements with licensees in lieu of pursuing formal disciplinary action. The licensee must agree to be referred to a dental well-being committee for a period of not more than five years. The board cannot enter into more than two diversion agreements with a licensee.

The act provides that all dentists and dental hygienists must document completion of required continuing education hours before the board can renew their licenses.

The act deletes a section concerning the filing of complaints against licensees by individuals and entities.

COLLABORATIVE PRACTICE AGREEMENTS - The State Board of Registration for the Healing Arts is authorized to discipline physicians who supervise nurse practitioners without having entered into a collaborative practice agreement.

PHYSICAL THERAPISTS - The act provides that physical therapists may administer first aid.

ATHLETIC TRAINERS - The act changes athletic trainers from being registered to being licensed.

BOARD OF NURSING - The act removes the requirement that the executive director of the board of nursing must be a nurse.

REAL ESTATE DISCLOSURE - The act creates definitions for "commercial real estate" and "residential real estate" as pertaining to limited and dual real estate agents and designated real estate brokers and agents. The act limits disclosure requirements related to brokerage relationships to residential real estate transactions.

DIVISION OF PROFESSIONAL REGISTRATION - Provides that the Division of Professional Registration, not the Department of Economic Development, shall submit the names of potential licensing board members to the Governor.

Portions of this act are similar to SB 896 (2002) SB 1080 (2002) and SB 924 (2002).
JIM ERTLE