Missouri Senate

House Committee Substitute

STATE LEGAL EXPENSE FUND

(Section 105.711)

This section expands coverage under the state legal expense fund to physicians, nurses, physician assistants, dental hygienists, or dentists who provide free services to summer camps.

This section is identical to HB 37 (2009) and portions of HCS/HB 945 (2009).

CEMETERIES

(Section 137.1040, 214.270, 214.276, 214.277, 214.280, 214.282, 214.283, 214.300, 214.310, 214.320, 214.325, 214.330, 214.335, 214.340, 214.345, 214.360, 214.363, 214.365, 214.367, 214.385, 214.387, 214.389, 214.392, 214.400, 214.410, 214.455, 214.500, 214.504, 214.508, 214.512, 214.516, 214.550)

These sections allow the governing body of a city, town, village or county to submit a proposal to the voters of such city, town village or county allowing the municipality to impose a property tax to fund cemetery maintenance. The tax authorized under this act shall not exceed one fourth of one cent per one hundred dollars assessed valuation and shall not become effective until approved by the voters of the city, town village or county.

These sections also modify certain laws regarding cemeteries.

Current law allows the division of professional registration to seek an injunction against certain unlicensed cemetery operators in the county in which the conduct occurred or in which the defendant resides. This act allows the division to also bring suit in Cole County.

Each contract sold by a cemetery operator for cemetery services and items such as grave lots, markers, and tombstones shall meet certain requirements. If these requirements are not met, the contract is voidable by the purchaser.

Except for family burial grounds, individuals and public and private entities are required to notify the office of endowed care cemeteries of the name, location, and address of real estate used for the burial of human bodies.

Cemetery operators are exempted from the prearranged contract requirements of Chapter 436, RSMo.

Currently, cemetery operators are required to correct deficiencies in the funding of endowed care trust funds. This act also requires them to include interest of ten percent of the deficiency and specifies that deficiencies do not include deficiencies caused by the fluctuating value of investments.

The requirements of endowed care trust funds and escrow accounts are modified in several ways. Among other changes, the requirement that a financial institution who serves as the trustee of an endowed care trust be located in Missouri is removed. Cemetery operators have to provide the office of endowed care cemeteries with the name and address of the trustee and records custodian and update the office with any changes. The trust records shall be maintained in Missouri, or electronically accessible. Missouri law shall control all endowed care trust funds and such funds will be administered as charitable trusts and operated in accordance with certain trust requirements. Endowed care cemetery funds may also be held in an escrow account in Missouri. However, if the funds in the escrow account are over 350,000 dollars, in most cases they must be in an endowed care trust fund. Trustees and escrow agents shall consent in writing to Missouri jurisdiction and the supervision of the office of endowed care cemeteries.

Cemetery operators are required to notify the division of professional registration at least thirty days prior to ceasing to do business as a cemetery, selling the business assets of the cemetery, or selling a majority of its stock. If the division does not disapprove, the cemetery operator can continue to take such action. Anyone who sells a cemetery is required to put 15% of the money in escrow for at least six months, so that it can be determined whether any trust fund or escrow account of the former cemetery operator is deficient. If there are deficiencies, the buyer or the division may demand payment from the amount in escrow.

Cemetery operators who sell prearranged burial merchandise and services are required to deposit a portion of the purchase price in an escrow or trust account. These funds are maintained in this account until delivery of the property, performance of the services, or the contract is cancelled. These escrow arrangements and trusts must each meet certain requirements. Cemetery prearranged contracts entered into after August 28, 2009 can be cancelled within thirty days of receiving the executed contract for a full refund and at any time before the services or merchandise are provided, with exceptions, for the net amount of all payments made into the escrow account or trust.

The division is allowed to direct a trustee, financial institution, or escrow agent to suspend distributions from endowed care trust funds or escrow accounts, if the cemetery operator is not licensed or does not meet certain other requirements. The cemetery operator may appeal this suspension.

The act creates a crime for destroying, mutilating, disfiguring, defacing, injuring, or removing without authorization any human remains from a cemetery or burial ground.

Several provisions that previously applied to the city of St. Louis and allowed the sale of certain cemeteries owned by the city and applied to cemetery operators who purchased cemeteries from the city are now applied to all cities.

These sections are similar to SCS/SB 416 (2009) and SB 822 (2008).

PHYSICIAN ASSISTANTS PRESCRIBING CONTROLLED SUBSTANCES

(Section 195.070, 195.100, 334.735, 334.747)

These sections authorize physician assistants who meet certain requirements to prescribe Schedule III, IV, or V controlled substances.

Pharmacists are also required to list the name of the physician assistant and the physician assistant's supervising physician on the prescription label.

These sections are similar to portions of SS/SCS/SB 406 (2009).

WORKFORCE PLANNING AND DEVELOPMENT

(Section 324.001)

This section authorizes boards or commissions under the authority of the Division of Professional Registration to collect and analyze information required to support workforce planning and policy development. This information shall not be publicly disclosed so as to identify a specific health care provider.

This section is similar to HB 852 and HCS/HB 945(2009).

DIVISION OF PROFESSIONAL REGISTRATION

(Sections 324.065,324.068, 324.071, 324.077, 324.080, 324.086, 324.089, 324.139, 324.141, 324.212, 324.247, 324.415, 324.481, 324.487, 334.850, 337.712, 337.715, 337.718, 337.727, 337.730, 337.733, 346.015, 346.045, 346.050, 346.070, 346.075, 346.080, 346.090, 346.095, 346.100, 346.105, 346.115, 346.125)

These sections transfer certain powers and duties of the division of professional registration to specific boards or committees.

These sections give the Missouri Board of Occupational Therapy the power to take certain actions without the collaboration of the Division of Professional Registration.

The state board of registration for the healing arts is required to notify clinical perfusionist examinees of the results of their competency examination, rather than the division of professional registration. Licensed clinical perfusionists are required to inform the board, rather than the division, of their change of address.

The state committee of dietitians, the board of therapeutic massage, the interior design council, and the state board of chiropractic examiners are each given the authority to prescribe the application for licensure for specific professions, rather than the division.

The power of the division to establish and collect application and licensure fees for respiratory therapists is revoked.

The state committee of marital and family therapists and the Missouri board of examiners for hearing instrument specialists are given several powers and duties that were previously given to the division of professional registration.

These sections are identical to HB 841 (2009).

BOARD FOR ARCHITECTS, PROFESSIONAL ENGINEERS, PROFESSIONAL LAND SURVEYORS AND LANDSCAPE ARCHITECTS

(Section 327.442)

These sections authorize the board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects to conduct disciplinary hearings for licensees convicted of certain felonies.

The board also has the power to automatically deny licenses to anyone who has had a license revoked or denied in another state. However, the board may establish other qualifications by which such person may be licensed.

VOLUNTEER LICENSES FOR DENTAL CARE PROFESSIONALS

(Sections 332.112, 332.113)

These sections allow the Dental Board to grant volunteer licenses to retired dentists and dental hygienists. Individuals seeking volunteer licenses are required to file an affidavit stating that they have been licensed for at least ten years, that their license has not been lapsed for the four years prior to their application for a volunteer license, that they are retired, and that their license was in good standing at retirement, and to have met examination and other requirements.

Effective with the licensing period beginning on December 1, 2010, dentists and dental hygienists with volunteer licenses must renew the volunteer licenses every two years and are required to submit evidence of current certification in life support and complete certain continuing education requirements.

Dentists with volunteer licenses may only provide dental and preventative care without compensation to family members and at certain facilities. Dental hygienists with volunteer licenses may only provide dental hygiene and preventative care without compensation to family members and at certain facilities.

Dentists and dental hygienists are not required to pay any fee for volunteer licenses.

These sections are similar to SCS/SB 361 (2009).

NURSE LICENSURE COMPACT

(Sections 335.300, 335.305, 335.310, 335.315, 335.320, 335.325, 335.330, 335.335, 335.340, 335.345, 335.350, 335.355)

These sections create a multistate nursing licensure compact for registered nurses and licensed practical/vocational nurses. This compact allows licensed registered nurses and licensed practical/vocational nurses to practice nursing in states which participate in the nurse licensure compact. All states wishing to participate in the compact must adopt articles of authorization listed by the act:

ARTICLE I - Finding and Declaration of Purpose;

ARTICLE II - Definitions;

ARTICLE III - General Provisions and Jurisdiction;

ARTICLE IV - Applications for Licensure in a Party State;

ARTICLE V - Adverse Actions;

ARTICLE VI - Additional Authorities Invested in Party State Nurse Licensing Boards;

ARTICLE VII - Coordinated Licensure Information Systems;

ARTICLE VIII - Compact Administration and Interchange of Information;

ARTICLE IX - Immunity;

ARTICLE X - Entry into Force, Withdrawal and Amendment; and

ARTICLE XI - Construction and Severability.

This compact does not relieve employers from complying with statutorily imposed obligations and does not supercede existing state labor laws.

These sections are similar to SCS/SB 237 & 137 (2009), SB 664 (2006), and HB 556 (2005).

PHARMACY

(Sections 338.010, 338.057, 338.013, 338.220, 338.337)

These sections change provisions regarding pharmacy. It allows pharmacists to administer pneumonia, shingles, and meningitis vaccines under certain circumstances and provides that permits are not required for pharmacists to perform nondispensing activities outside of pharmacies.

Pharmacy technicians may assist a pharmacist after they have applied for registration, until the board refuses to issue a certificate of registration. Pharmacy technicians' registration will lapse and become null and void thirty days after the expiration date.

The $10 filing fee for out-of-state drug distributors is changed to a fee in an amount established by the board.

The requirement that the Board of Pharmacy publish a list of drug products for which substitution is not permitted is repealed.

These sections are similar to SB 369 (2009), HB 513 (2009), HB 957 (2009), HCS/HB 575 (2009), HCS/SB 215 (2009), HCS/SB 377 (2009), and HCS/HB 945 (2009) .

MENTAL HEALTH BENEFITS OR COVERAGE

(Section 376.811)

Current law requires that mental health benefits or coverage include at least two sessions per year to a licensed psychiatrist, licensed psychologist, licensed professional counselor, or licensed social worker. This section includes, subject to contractual provisions, a licensed marital and family therapist.

This section is similar to a portion of HCS/HB 945 (2009) and SCS/HB 326 (2009).

EMILY KALMER