HB 665 Modifies a number of provisions regarding professional registration

     Handler: Scott

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 665 - This act modifies numerous law regarding professional registration and the Division of Professional Registration.

VETERINARIANS - SECTION 71.620 - Adds veterinarians to the list of professions which are exempt from paying municipal taxes or licensing fees.

DEPARTMENT OF REVENUE - SECTIONS 143.775 to 143.779 and 620.1900 - The act requires the Department of Revenue to send a written notice to certain licensees who are delinquent on any state taxes or have failed to file state income tax returns for any of the three years preceding their professional license renewal, stating that the license will be suspended 120 days from the date of the notice unless a tax compliance letter is received by the appropriate licensing authority. The license suspension will only apply to the professional license currently up for renewal. The department must issue a tax compliance letter when the licensee files and pays the delinquent taxes, interest, and additions due or enters into and complies with a payment plan. A licensee who continues to engage in the licensed activity while his or her license is suspended is guilty of a class A misdemeanor.

GEOLOGISTS - SECTION 256.468 - Removes the grandfather provisions regarding the licensing of geologists.

PRIVATE INVESTIGATORS - SECTIONS 324.1100 to 324.1148, 571.030 and 621.045 - Establishes the Board of Private Investigator Examiners within the Division of Professional Registration. No person can provide private investigative services without first being licensed. The act creates provisions regarding the makeup and duties of the board, persons who are exempt from licensure; requirements for proof of liability insurance; fees; background checks on applicants; denial and discipline of licenses; types and terms of licenses; and reciprocity. Licensees are allowed to disclose to the board, any law enforcement agency, a prosecutor, or the licensee's own representative any information regarding a criminal offense or to instruct their clients to do so if they are victims of a criminal act. Licensees are prohibited from making false reports, presenting themselves as a state or federal officer, or manufacturing false evidence. Certain identifying evidence must be filed with the board by licensees. Private investigators or investigator agencies are required to maintain complete records of business transactions. Records may be confidentially examined by the authority of the board under certain circumstances.

ARCHITECTS, ENGINEERS, LAND SURVEYORS, LANDSCAPE ARCHITECTS - Chapter 327 and 621.045 - Authorizes the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects to impose civil penalties against licensed and unlicensed persons. Any person who practices architecture, engineering, land surveying or landscape architecture without a valid license may be subject to an administrative action by the board to seek a civil penalty. The board can initiate investigations against the unlicensed person and can issue subpoenas to compel attendance and testimony of witnesses.

The complaint must be filed with the Administrative Hearing Commission, which shall conduct a hearing and issue its findings of fact and conclusions of law. The duties of the Commission are amended to include the ability to hear such cases. If the Commission finds the unlicensed person has violated this act, then the board may issue a civil penalty. The penalty shall not exceed $5,000 for each day of violation, with a maximum penalty of $25,000. The unlicensed person has the right to appeal the order imposing the fine to a circuit court. Once the case is final, the attorney general shall commence an action to recover the penalty, including reasonable attorney fees and costs and a surcharge of 15% of the penalty plus 10% per year on any amounts owed. The validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

In any action to impose a civil penalty, whether against a licensed or unlicensed person, the board may assess its reasonable costs and expenses incurred in conducting the investigation and administrative hearing. Finally, the board is authorized to impose a civil penalty against a licensee after a finding by the Administrative Hearing Commission of cause to discipline the license.

The act further provides that the practice of engineering shall not include work done by an employee of a federally licensed radio or television broadcast station or by a private broadcast engineering contractor possessing a valid society of broadcast engineers certification.

These provisions are identical to SCS/SB 278 (2005).

BARBERS AND COSMETOLOGISTS - CHAPTERS 328 and 329 - Effective July 1, 2006, the State Board of Barber Examiners and the State Board of Cosmetology shall be combined to become the State Board of Cosmetology and Barber Examiners. The board shall consist of eleven members with nine of the members licensed as cosmetologists, a cosmetology school owner and barbers. The act provides that parental consent must be given for a minor to obtain body waxing on or near genitalia. The act increases from 750 to 800 the number of hours a manicurist apprentice must complete in order to be licensed. Persons are allowed to make application for the required licensing examination if they are a graduate of a foreign cosmetology program and the board determines that the program has educational requirements which are substantially the same as an educational establishment licensed by the board. Certain licensed barbers and cosmetologists may take the "Class MO - manicurist" licensing examination. Temporary licenses shall only be valid for sixty days and shall expire if the licensee fails the licensing examination.

DENTAL HYGIENISTS - SECTIONS 332.302 to 332.312 - Establishes the Dental Hygienist Distance Learning Committee and authorizes the Department of Economic Development to contract with an institution of higher education to establish a distant dental hygienist learning program for the purpose of off-site clinical and didactic training. The program must meet all standards established by the Council on Dental Accreditation. The committee shall dissolve once it issues a report to the general assembly and the governor regarding distance learning for dental hygienists.

PHYSICIAN ASSISTANTS - 334.103 AND 334.735 - Requires the board of healing arts to automatically revoke the license of a physician assistant who is convicted of certain crimes or whose physician assistant license in another state is revoked. Removes conflicting language regarding the education, training and certification requirements for licensure as a physician assistant.

MEDICAL IMAGING AND RADIATION THERAPY - 334.1000 TO 334.1024 - The act establishes the Medical Imaging and Radiation Therapy Board of Examiners within the Division of Professional Registration. All persons administering medical imaging and radiation therapy procedures are required to be licensed by the board. Physicians, dentists, chiropractors, podiatrists, registered nurses, certain qualified persons currently practicing medical imaging and radiation therapy are exempt from licensure. The act creates education and training requirements for licensure as radiographers, radiation therapists, nuclear medicine technologists, and dental radiographers. The board is authorized to certify programs for medical imaging and radiation therapy in medical facilities, dental facilities, educational institutions, or other public or private institutions. In addition, the board may establish continuing education requirements, conditions for reciprocity with other states and discipline of licenses. Further, the board is granted subpoena power.

NURSES - 335.068 - Currently, the state board of nursing cannot maintain documentation of a complaint filed by a prisoner against a nurse unless disciplinary action is taken. The act extends this provision to all complaints filed against a nurse.

BOARD OF COUNSELORS AND THERAPISTS - 337.543 to 337.565 - Combines the State Committee for Professional Counselors and the State Committee of Marital and Family Therapists to become the State Board of Counselors and Therapists. All members of the new board shall be appointed by the governor with the advice and consent of the senate. The Board may issue and enforce subpoenas. The act modifies causes for discipline of a license with regard to alcohol or drug abuse and disciplinary action by another state.

SOCIAL WORKERS - 337.600 to 337.653 - Requires applicants for licensure as clinical social workers to complete 3,000 hours of supervised clinical experience under a licensed clinical social worker within a specified period of time. The act removes the requirement that clinical social workers applying for a Missouri license pass an examination on Missouri laws and regulations governing the practice of social work and be a member in good standing of the Academy of Certified Social Workers. The State Committee for Social Workers may require a minimum of 30 hours of continuing education for license renewal. The committee shall establish ethical standards based on the code of ethics of the National Association of Social Workers. Finally, the act clarifies the practice of baccalaureate social work.

PHARMACISTS - 338.095 to 338.560 - It shall be illegal for any person other than the patient or their representative to accept a prescription being dispensed unless that person is located on the premises of the dispensing physician or a licensed pharmacy. The Missouri State Board for Pharmacy may establish a well-being committee to aid pharmacists who suffer from illness, substance abuse, mental illness, or physical impairments. The board will enter into contractual agreements with nonprofit corporations for the purpose of creating, supporting, and maintaining the committee. All communications involving the licensee and the committee are confidential and not considered public records. The committee may disclose information about an impaired licensee when it is necessary to further the intervention, treatment, or rehabilitation of the licensee; the release is authorized by the licensee; the committee must make a report to the board; or the information is subject to a court order. The Board of Pharmacy may prepare an equitable salary schedule for employees attributed to the inspection licensed entities.

NURSING HOME ADMINISTRATORS - Section 344.040 - The act requires all nursing home administrators licenses to expire on June 30 following the year it was issued and every other year thereafter. An administrator seeking a renewal must file an application during the month of May of the year of their renewal, accompanied by a fee, as provided by rule, payable to the Department of Health and Senior Services. The board shall provide by rule as to whether licenses issued or renewed during 2006 may be for either a one- or two-year term.

ATHLETE AGENTS - 436.218 - The act modifies the definition of "student athlete" within the provisions regarding athletic contracts.

BAIL BOND AGENTS - Chapter 374 - This act requires individuals to be a member of a statewide professional association before being licensed by the Department of Insurance as a bail bond agent, general bail bond agent, or surety recovery agent. The director will establish the requirements that an association must meet in order for it be a recognized statewide professional association of which an applicant may be a member in order to be licensed. The director shall not mandate membership in any particular association. Further, the director must ensure that more than one recognized association exists within the state before mandating membership in an association. Upon renewal of the license, a person must show continuing membership in one of the statewide professional association.

SETTLEMENT NEGOTIATIONS - Section 621.045 - The act removes the requirement that the a professional licensing board wait 30 days before informing a licensee that they are in violation of their licensing requirements prior to engaging in settlement negotiations and shortens the time from 60 to 30 days that the licensee has to consider the settlement offer prior to contacting the respective board to discuss the settlement offer.

SONOGRAPHERS AND VASCULAR TECHNOLOGISTS - Section 1 - Requires sonographers or vascular technologists who are Missouri Medicaid Program providers to be credentialed by the appropriated accrediting body specified in the act.

Provisions of this act are similar to HCS/SB 177 (2005).

JIM ERTLE


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