SB 754 Modifies provisions related to cemeteries, the licensing of certain professions, death certificates, public assistance programs, and various other provisions
Sponsor: Dempsey
LR Number: 3900S.09T Fiscal Note: 3900-09T.ORG
Committee: Jobs, Economic Development and Local Government
Last Action: 7/9/2010 - Signed by Governor Journal Page: S1958
Title: CCS#2 HCS SCS SB 754 Calendar Position:
Effective Date: August 28, 2010
House Handler: Wasson

Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2010 Senate Bills

Current Bill Summary


CCS#2/HCS/SCS/SB 754 - This act modifies provisions of law relating to cemeteries, the licensing of certain professions, death certificates, public assistance programs, and various other provisions.

DEATH CERTIFICATES

(Sections 193.145 and 193.265)

This act requires all data providers in the death registration process, including the State Registrar, local registrars, medical examiners, coroners, or funeral directors to use an electronic death registration system within 6 months of the system being certified by the Department of Health and Senior Services to be operational and available to all data providers in the death registration process.

The State Registrar may adopt pilot programs or voluntary electronic death registration programs until such time as the system can be certified. However, no such pilot or voluntary program shall prevent the filing of a death certificate with the local registrar or the ability to obtain certified copies of death certificates under current law until 6 months after the system is certified as operational.

These provisions are similar to provisions of SS/SCS/HCS#2/HBs 1692, 1209, 1405, 1499, 1535 & 1811 (2010) and to SCS/SB 975 (2010).

PRESCRIPTIONS

(Section 195.080 and 338.100)

The supply limits placed on prescribed drugs (based on their scheduling) is not applicable if the prescription is dispensed directly to a member of the U.S. armed forces serving outside the U.S.

This act also allows licensed pharmacies to keep their records as a book or electronic record keeping system; provided, however, original written and faxed prescriptions are physically maintained on file at the pharmacy as required by federal law; the electronic records shall be readily retrievable, maintain the original prescriptions and may be annotated to reflect changes in the prescriptions.

These provisions are similar to provisions of HCS/SCS/SB 887 (2010).

PUBLIC ASSISTANCE PROGRAMS

(Section 208.010)

This act provides that in determining eligibility and the amount of benefits to be granted under federally aided state public assistance programs, the value of any life insurance policy where a seller or provider is made the beneficiary of the policy is assigned to a seller or provider, either being in consideration for an irrevocable prearranged funeral contract under Chapter 436, will not be taken into account or considered an asset of the beneficiary named in the irrevocable prearranged funeral contract.

This section is identical to a provision of HCS/HB 2388 (2010) and SS/SCS/HCS#2/HB 1692, 1209, 1405, 1499, 1535, & 1811 (2010).

REIMBURSEMENT

(Section 208.198).

Subject to appropriations, the Department of Social Services shall establish an equal reimbursement rate for the same or similar services rendered by physicians and optometrists to Mo Healthnet patients.

This section is identical to CCS/HCS/SCS/SBs 842, 799 &809 (2010) and similar to HB 1808 (2010).

CEMETERIES

(Sections 214.160, 214.270, 214.276, 214.277, 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, 214.387, 214.389, 214.392, 214.400, 214.410, 214.500, 214.504, 214.508, 214.512, 214.516, 214.550)

This act modifies certain laws regarding cemeteries.

It allows county commissions that serve as trustees of funds for cemeteries to invest these funds in certificates of deposit.

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 eliminates this specific venue provision.

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.

Currently, cemetery operators are required to correct deficiencies in the funding of endowed care trust funds. This act 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 that serves as the trustee of an endowed care trust be located in Missouri is removed. Cemetery operators must maintain the name and address of the trustee and records custodian and supply the office with this information upon request. 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 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 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.

Sellers of 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, 2010, 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 80% of 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, and after the cemetery operator is notified, and given sixty days to correct the violations. The cemetery operator may appeal this suspension.

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 provisions are identical to provisions of CCS/SCS/HBs 2226, 1826, 1832, & 1990 (2010), SS/SCS/HCS#2/HB 1692, 1209, 1405, 1499, 1535, & 1811 (2010), HCS/HB 2388 (2010), and SB 753 (2010), and similar to HB 1845 (2010) and SB 416 (2009).

DISABLED LICENSE PLATES

(Section 301.142)

This act adds physician assistants to the list of other authorized health care practitioners that may furnish a physician's statement to obtain disabled license plates or placards.

This provision is identical to a provision of HCS/SB 716 (2010) and of SS/SCS/HB 2111 (2010).

PHYSICIAN ASSISTANTS

(Section 334.735)

This act provides that doctors and physician assistants working in rural health clinics are not required to meet state law supervision requirements that exceed the minimum federal law requirements if the physician-physician assistant team has been granted a waiver of the state laws that require certain amounts of on-site supervision by a doctor and that require physician assistants to practice within a certain distance of the doctor. The board of healing arts is allowed to void a current waiver after conducting a hearing and issuing a finding of fact that the physician-physician assistant team has failed to comply with the federal act or either member of the team has violated a provision of the licensing laws.

Currently, a physician assistant is not permitted to prescribe or dispense any drug, medicine, device or therapy without consulting the supervising physician. This act removes this requirement.

This provision is similar to HB 1738 (2010) and HCS/HB 2388 (2010) and identical to a provision of CCS/SCS/HBs 2226, 1826, 1832, & 1990 (2010).

COMPLAINTS AGAINST PROFESSIONAL COUNSELORS

(Section 337.528)

This act requires the committee for professional counselors to destroy documentation of complaints made by sexually violent predators against licensed professional counselors, if the complaint does not result in discipline. Past unsubstantiated complaints by sexually violent predators against a licensed professional counselor shall be destroyed upon request.

This provision is identical to HB 1832 (2010) and identical to a provision of CCS/SCS/HBs 2226, 1826, 1832, & 1990 (2010) and HCS/HB 2388 (2010).

REAL ESTATE BROKERS AND REAL ESTATE SALESPERSONS

(Sections 339.010, 339.020, 339.030, 339.040, 339.080, 339.110, 339.160, 339.170, 339.710, 339.845)

This act modifies the definition of real estate broker and real estate salesperson for the purposes of licensing. The definition of a real estate broker now also includes limited partnership, limited liability company, and professional corporation. The definition of a real estate salesperson now also includes a partnership, limited partnership, limited liability corporation, association, professional corporation, or corporation. This act also creates a new category of license for a real estate broker-salesperson. A real estate broker-salesperson is required to have a real estate broker license in good standing, but may not also operate as a real estate broker.

If the Real Estate Commission receives a notice of delinquent taxes from the Director of Revenue regarding a real estate broker or salesperson, the commission is required to immediately send a copy of the notice to the real estate broker with which the real estate broker or salesperson is associated.

These provisions are similar to provisions of SS/SCS/HCS#2/HB 1692, 1209, 1405, 1499, 1535, & 1811 (2010) and HCS/HB 2388 (2010).

BOARD OF NURSING HOME ADMINISTRATORS

(Section 344.010, 344.020)

This act authorizes the Board of Nursing Home Administrators to issue a separate licenses to administrators of residential care facilities that were licensed as a residential care facility II on or before August 27, 2006, that continues to meet the licensure standards for a residential care facility in effect on August 27, 2006.

These provisions are identical to provisions of HCS/HB 2388 (2010) and CCS/SCS/HBs 2226, 1826, 1832, & 1990 (2010).

MISSOURI EATING DISORDER COUNCIL

(Sections 630.575 and 630.580)

This act creates the Missouri Eating Disorder Council in the Department of Mental Health. The director of the department is given the authority to select the members of the council and determine the number of members on the council. The department, in collaboration with other state agencies and in consultation with the council, is required to develop and implement certain education and awareness programs concerning eating disorders.

These provisions are identical to provisions of SB 744 (2010).

EMILY KALMER