HB 0564 Modifies provisions relating to professional licensing
Current Bill Summary
- Prepared by Senate Research -

SCS/HS/HCS/HB 564 - This act modifies provisions relating to professional licensing.

DEAF INTERPRETERS - A license renewal may be denied if the licensee fails to provide evidence of current certification.

OCCUPATIONAL THERAPISTS - The Board of Occupational Therapy may issue a limited permit to applicants who provide satisfactory proof of eligibility to sit for the examination. The board is placed under the purview of the administrative hearing commission.

DIETICIANS - Definitions for "dietetics practice" and "registered dietitian" are created. The State Committee of Dietitians is placed within the division of professional registration. The Committee shall assist the division in carrying out the provisions of the Dieticians Practice Act and shall approve the licensing examination.

Any person holding themselves out as a dietitian or practices or offers to practice as a dietitian shall be guilty of a Class A misdemeanor. Certain persons are exempted from the licensure requirements of this act provided they do not hold themselves out as a dietitian.

Licensees are allowed to let their license lapse or be put on inactive status, provided the licensee does not practice during the time the license is lapsed or inactive. The act creates requirements for maintaining an inactive license and for reinstating a lapsed license. A person practicing with a lapsed or inactive license shall be guilty of a Class A misdemeanor.

INTERIOR DESIGNERS - Language relating to grandfather provisions for interior designer licenses which has expired is repealed.

TATTOO ARTISTS - The division of professional registration is authorized to issue temporary licenses for persons entering the state for the sole purpose of participating in a state or national convention where the applicant will be practicing the profession of tattooing, body piercing or branding. The temporary license is valid for 14 days.

This provision contains an emergency clause.

ATHLETE AGENTS - The "Uniform Athlete Agents Act" is created. All athlete agents operating in this state must be registered and certified by the division. Registration and certification are valid for two years and maybe renewed. All agent-athlete contracts must be written and contain certain information, including the basis for the agent's fee and notice about the potential for a student-athlete to loss eligibility.

PRIVATE INVESTIGATORS - This act creates the Board of Private Investigator Examiners within the Division of Professional Registration in the Department of Economic Development. The Board will consist of five members appointed by the Governor with the advice and consent of the Senate. Each member must be a U.S. citizen, Missouri resident, at least 30 years old, and actively engages as a private investigator for at least five years. The Board of Private Investigator Examiners Fund is also created.

The act makes it unlawful for persons to engage in the private investigator business unless licensed. Certain persons and organizations are exempted from licensure. The act sets forth educational, examination, training and other licensure requirements. Complete background checks will be conducted on all applicants. The act grandfathers current private investigators and a license will be issued to such persons who apply within 180 days if the applicant meets certain requirements.

Licensees may divulge to the Board, law enforcement officers, or a prosecuting attorney information acquired as to any criminal offense. Licensees are prohibited from: knowingly making a false report; causing a report to be submitted that the licensee has not exercised due diligence in ascertaining the facts; giving the impression that the licensee is connected with the federal or state government or any political subdivision; appearing as an assignee in any proceeding; manufacturing false evidence; or creating a video of any person in their home without that person's permission. Persons who knowingly falsify fingerprints or photographs required to be submitted is a Class D felony. Violation of other provisions is a Class A misdemeanor unless it is a second or subsequent violation in which case it is a Class D felony. Provisions for licensure of current law enforcement officers and limitations on their conduct are specified.

ARCHITECTS AND LANDSCAPE ARCHITECTS - This act includes landscape architects in statutes concerning the right to practice and the use of a personal seal. Currently, only architects, professional engineers and professional land surveyors are included in such sections.

This act creates an inactive license status for architects. An inactive licensee shall not practice as an architect in this state, but may continue to use the title "architect". In order to reinstate such license to active status, the licensee must meet certain competency requirements established by the board of architects, professional engineers, professional land surveyors and landscape architects.

BARBERS - Provisions relating to the licensing of barber apprentices and certification of barber apprentice supervisors are created. The minimum age requirement for a barber is changed from 17 to 16. If the applicant is an apprentice, such applicant must complete at least 2000 hours under a barber apprentice supervisor. This act provides that barbers with licenses that have lapsed for more than two years but less than five years may reinstate their licenses by applying to the Board of Barber Examiners, paying appropriate fees and successfully passing the practicum portion of the state licensing examination.

COSMETOLOGISTS - The hours of supervised training for a manicurist apprentice are increased from 750 to 800. The course of study for all cosmetology apprentices may not exceed 12 hours per day and 72 hours per week.

CHIROPRACTORS - This act modifies provisions relating to the licensing of chiropractors.

Chiropractors licensed in another state do not need to be licensed in this state if such chiropractor consults on a patient with a Missouri licensed chiropractor and the Missouri chiropractor retains ultimate control, or the out-of-state chiropractor provides testimony in any civil or criminal action pending in this state.

The act modifies reciprocal licensing of chiropractors to remove the requirement that the licensing authority of another state must grant reciprocal licensing to Missouri licensees. The board may require additional examination of reciprocal licensing applicants if the requirements for licensure in the other state are not equivalent at the time application is made for licensure in this state.

An inactive license status is created. The Board shall place qualified applicants on inactive status upon application. Inactive licensees may practice only on themselves and their families. Inactive licensees do not have to comply with continuing education requirements. Licensees wishing to reactivate their license within five years must meet all established requirements, excluding the licensing examination.

A patient records statute is created. The act defines what constitutes a complete patient record. Patient records must remain under the control of the chiropractor for a minimum of seven years from the date of last professional service. Any corrections or additions made after 48 hours must be clearly marked. Violation of this statute shall only be a secondary cause for discipline of the chiropractor's license. The Board shall not obtain a medical record without the issuance of a subpoena.

DENTISTS - This act allows the practice of dentistry across state lines if the person is licensed as a dentist in another state and the practice is limited to opinions regarding diagnosis made through electronic means. For consultations, the ultimate authority for patient care must rest with a Missouri licensed dentist. The practice of dentistry is modified to include the use of lasers. The Board is authorized to issue specialty licenses to qualified applicants. The Board may establish specialization committees for each specialty recognized by the American Dental Association. The committees will assist the board in evaluating applicants for specialty licenses. All specialty licenses will be subject to discipline by the Board and must pay board-approved fees.

Dentists and dental hygienists may have their license renewals denied if they fail to complete required continuing education. Failure to complete such continuing education may subject their licenses to discipline. Any dentist or hygienist whose license lapses for more than four years must submit a new application and take all licensing examinations required by the board. The act sets forth procedures for complaints by the board before the administrative hearing commission regarding licensees who present a clear and present danger to the health and safety of the public. The Board is authorized to disclose otherwise confidential information regarding a licensee to the Board's committee on well-being in order to assist in the rehabilitation of the licensee. All such information is still closed to the public.

PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS - This act modifies provisions relating to the issuance of permanent, provisional and temporary licenses to physical therapists and physical therapist assistants. The Board of Healing Arts may waive the mandatory denial of a license to a physical therapist or physical therapist assistant applicant who fails the licensing examination three or more times if the applicant is licensed, has passed a licensing examination and has practiced in another state for two years without any disciplinary action, or has held an undisciplined provisional license for two years. If the applicant has obtained a higher professional degree since failing the exam three times, then such applicant is approved to sit for the exam an additional three times.

A provisional license classification is created for both physical therapists and physical therapist assistants. The Board may issue a provisional license to an applicant who has failed the licensing examination three or more times, achieved a passing score on a licensing examination, and otherwise meets all requirements for permanent licensure. The provisionally licensed physical therapist or physical therapist assistant must practice under the direction and supervision of a licensed physical therapist.

The issuance of a temporary license to a physical therapist or physical therapist assistant is limited to six months. A temporary license may be renewed for an additional six months following the first failure of a licensing examination. Such temporary license shall not be renewed after the second failure of a licensing examination. Upon the second failure, the applicant must complete a board-approved remediation program before taking the exam for a third time. An initial temporary license may be issued to students in their last semester of physical therapy school.

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

NATUROPATHIC PHYSICIANS - This act regulates the licensing of naturopathic physicians.

Definitions are created relating to naturopathic medicine and required education (Section 334.1000). The act establishes requirements and procedures for the initial licensure of naturopaths (Section 334.1003).

The Advisory Commission for Naturopathic Medicine is established for the purpose of advising the state board of healing arts on the licensure and supervision of all naturopathic physicians. The Commission shall consist of six members, one of which must be a public member, who will be appointed by the Governor. Each member shall serve a four year term, except for the members first appointed (Section 334.1006).

The State Board of Registration for the Healing Arts has the authority to adopt rules for licensing, enforce the provisions of this act, set the amount of fees, and deposit moneys in the Board's fund. The Board may prescribe continuing education requirements (Section 334.1015).

Naturopaths must display a license or certificate in a conspicuous location that is accessible to the public (Section 334.1018). Any person seeking to practice as a naturopathic physician must take and pass required examinations. An average score of seventy-five is required to pass any examination (Section 334.1021).

Section 334.1024 creates a list of persons who are exempt from the licensure requirements. Section 334.1027 creates a "grandfathering" provision to allow for the licensure of naturopathic physicians who do not satisfy certain education requirements, provided such physicians meet other requirements relating to the active practice of naturopathic medicine. Such persons must apply for licensure by January 1, 2005.

Any person violating the provisions of this act shall be guilty of a Class A misdemeanor (Section 334.1030).

A naturopathic physician must meet the Board's minimum requirements for continuing education in order to renew a certificate of registration (Section 334.1033). Every licensed naturopathic physician must renew their certificate of registration on or before the renewal date. A blank application form for registration will be mailed to the last known office or residence address. The failure to receive the application form does not mitigate the duty to register or exempt from penalties (Section 334.1036). Registration fees must be paid to the Director of the Department and must accompany the application for registration (Section 334.1039).

MANUFACTURED HOUSING SETUP CONTRACTORS - This act requires those who setup or install manufactured homes to be licensed. Any person desiring to obtain a setup contractor license must submit a written application. The applicant must be at least 18 years of age, pass an examination, provide proof of workers' compensation insurance, carry general liability insurance in amount determined by the Public Service Commission, and complete a minimum 8-hour training course. A direct agent of a licensed contractor is not required to be licensed. The Commission may waive certain requirements if the applicant is licensed in another jurisdiction. In certain circumstances, the Commission may issue a limited permit. Any person engaged in the business of manufactured home setup or installation on August 28, 2003, shall be exempt until December 31, 2004, from complying with the training and examination requirements of the act.

A setup contractor license shall be renewed annually. The Commission may grant inactive status to a licensee. A licensee is required to notify the commission if the licensee cancels it liability coverage or workers' compensation coverage. The Commission may refuse to renew, suspend or revoke a license if the licensee is guilty of unprofessional conduct.

Persons who falsely hold themselves out as licensed contractors, use a suspended or revoked license, or otherwise engage as a setup contractor without a license are guilty of a misdemeanor.

Political subdivisions of this state shall not require an additional license to engage in the setup or the installation of manufactured homes.

Setup contractors are required to purchase setup decals from the commission and must affix the decals to the manufactured home upon setup.

BOARD OF COUNSELORS AND THERAPISTS - This act regulates the licensure and registration of marital and family therapists and counselors.

The act creates the Board of Counselors and Therapists, which shall consist of nine members to be appointed by the Governor. The act abolishes the State Committee of Marital and Family Therapists and the Committee for Professional Counselors and merges their duties into the Board of Counselors and Therapists.

Communications made to licensed professional counselors and licensed marital and family therapists shall be considered privileged. The Board shall have the authority to issue subpoenas and require production of documents and records.

The act sets forth educational and examination requirements to be licensed as a marital and family therapist or a professional counselor. The Board may issue temporary permits for extenuating circumstances.

Anyone violating the provisions of Sections 337.400 to 337.430 and Sections 337.505 to 337.540 will be guilty of a Class B misdemeanor.

PSYCHOLOGISTS - An inactive license status is created for psychologists. An inactive licensed psychologist shall not hold himself or herself out as being professionally engaged in the regular practice of psychology and shall not engage in the regular practice of psychology. Inactive licensees do not have to complete continuing education. An inactive licensee may reactivate the license by completing a committee-approved application, paying required fees, and submitting proof of current competency.

SOCIAL WORKERS - This act defines the term "social worker" and prohibits any person from holding themselves out as being a social worker or using the title of social worker unless the person holds a current baccalaureate or clinical social worker license, or has received a baccalaureate or master's degree in social work from an accredited program, or has received a doctorate in social work. Beginning January 1, 2004, no entity, public or private, may use the title of social worker for volunteer or employment positions within contracts for services, documents, manuals, or reference material unless those persons being referred to have met all required educational requirements.

Violation of the this act shall be a Class B misdemeanor.

REAL ESTATE PROFESSIONALS - Internet web sites are exempted from licensure requirements if, in the course of advertising real estate, the advertising is incidental to their regular course of business. The act removes the requirement for land developers selling their own property from having to file with the Missouri Real Estate Commission a certified copy of a currently effective statement of record from the Office of Interstate Land Sales. The Commission is authorized to issue temporary work permits to persons who have satisfied all licensing requirements prior to the final review and printing of their licenses. Providers of continuing education may do so through distance learning programs. When investigating complaints, the Commission may forward copies of information regarding the complaint to the affiliated licensee's broker. A licensee who has failed to renew the license or surrendered it may still be subject to disciplinary action by the Commission.

Real estate brokers holding funds that belong to another party in a real estate transaction must maintain such funds in a separate account designated as an escrow or trust account. Brokers cannot commingle their own personal funds or any other moneys in this account with the exception of $1,000 specifically identified to cover service charges related to the account. If a broker decides not to maintain an escrow account or within 10 days of opening an escrow account, the Commission must be notified. If there is a dispute regarding ownership of escrow moneys, the funds must be deposited with the state treasurer within 180 days of the original deposit. The funds will be held until the dispute is resolved. The act repeals provisions relating to escrow agents.

The act increases the compensation of Commission members from $50 to $75. Designated brokers who have affiliated licensees are required to adopt a written policy describing their relationships with regard to their real estate activities.

The provisions relating to real estate will become effective on January 1, 2004.

REAL ESTATE APPRAISERS - This act provides that the Real Estate Appraisers Commission may require that some or all of the real estate appraising experience of an applicant for licensure be obtained in this state.

Upon request by the Commission, certified and licensed real estate appraisers must make certain records available for inspection or copying at the expense of the appraiser. Currently, when litigation is contemplated, reports and records must be retained for three years after the trial date. This act requires the records and reports to be retained for two years after the final disposition.

AUCTIONEERS - The act requires the Speaker of the House of Representatives and the President Pro Tem of the Senate to appoint a joint interim committee to review the practice of auctioneering. The committee must report its findings to the general assembly no later than December 31, 2004. This section expires on January 1, 2005.

This act is similar to SBs 300, 413, 480, 523, 679, 626 (2003), and SCS/SB 478 (2003), SCS/HCS/HB 390, SCS/SB 372 and HCS/HB 332 (2003).

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