Missouri Senate

House Committee Substitute

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. The department shall have in place, within 18 months of certification of the electronic death registration system, such systems so as to allow the funeral director filing the death certificate to print certified copies of the certificates after the certificates have been electronically registered at a licensed funeral establishment. Any fees for the certified copies printed at a funeral establishment shall be directed as if the certified copies were obtained from a local registrar.

This act is similar to SCS/SB 975 (2010).

FUNERAL ESTABLISMENTS

(Section 194.350)

This act modifies the procedures by which a funeral establishment may dispose of cremated remains. Funeral establishments are authorized to dispose remains in accordance with a cremation contract, except if otherwise prohibited by law. If the remains are not delivered to another funeral establishment or as directed by the person who contracted for the cremation, funeral establishments are also authorized to deliver the remains to any person listed by statute as next-of-kin for the purpose of disposing of a human body.

This act requires funeral establishments to send notice of unclaimed cremated remains by regular mail, with confirmation of delivery, rather than by certified mail. The act also eliminates the requirement that a funeral establishment publish notice in the newspaper before scattering or interring cremated remains, when the person or establishment who contracted for the cremation cannot be contacted by mail and does not claim the remains.

This act is similar to HCS/HB 2231 (2010) and a provision of HCS/HB 2388 (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 act is similar to HB 2290 (2010) and a provision of HCS/HB 2388 (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.

This act is similar to SB 753 (2010) and SB 416 (2009).

PRIVATE INVESTIGATORS

(Sections 324.1100, 324.1102, 324.1102, 324.1103, 324.1106, 324.1106, 324.1110, 324.1112, 324.1114, 324.1118, 324.1118, 324.1124, 324.1126, 324.1128, 324.1132, 324.1134, 324.1136, 324.1140, 324.1147)

This act requires that members of the Board of Private Investigator Examiners be Missouri residents for at least a year and registered voters. A board member's term shall be five years, instead of the current two year term.

The act also repeals a doubly-enacted section which limited the private investigator licensing exemption for employees of a not-for-profit organization, or its affiliate or subsidiary, to employees who make and process requests on behalf of health care providers and facilities for employee criminal background information. The section that remains exempts employees of an organization, whether for-profit or not-for profit, whose investigatory activities are limited to making and processing requests for criminal history records and other background information from state, federal, or local databases. The act also adds an exemption from private investigator licensing for certified public accountants and employees of the certified public accountant and of the accounting firm who assist in investigatory activities and modifies the exemption for individuals who contract with state and local government.

This act allows the Board of Private Investigator Examiners to deny a request for license to an applicant with a felony or misdemeanor conviction, even if the conviction occurred more than two years prior to the application date. The act also specifies that the board may deny a request for a license to an applicant who has received a suspended imposition of sentence following a plea of guilty to a misdemeanor offense and to an applicant who has been refused a license or had a license revoked in any other state. The board shall consider evidence of the applicant's rehabilitation when considering whether to grant a license to the applicant.

A private investigator agency is prohibited from hiring an employee if within two years prior to the application date the person has received a suspended imposition of sentence following a plea of guilty to a misdemeanor offense.

The division of professional registration, rather than the board of private investigator examiners, is required to determine the form of the license. The procedure for renewing a license is modified, to among other things provide for the payment of a delinquent renewal fee. The fee for additional licenses is no longer one-half the cost of the original license, but is a fee determined by the board.

Licensees are required to maintain information about their employees as required by the board.

If a licensee is required by contract or court order to destroy, seal, or return records related to their work to a party in a lawsuit, then the licensee is required to maintain a copy of the contract or court order.

The board is required to license, rather than certify, individuals who are qualified to train private investigators. These trainers are no longer required to be 21 years old, licensed as a private investigator, and have a year of supervisory experience with a private investigator agency.

Provisions of this act are similar to HB 1779 (2010), HB 2170 (2010), and SB 1003 (2010)

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

(Sections 327.031, 327.041, 327.351, 327.411)

This act adds another professional engineer member to the Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects. It also allows a landscape architect to be the chairperson of the board. It also gives each member of the landscape architectural division of the board a vote when voting on action pending before the board. Beginning August 28, 2010, the chairperson of the board will rotate sequentially among an architect, professional engineer, professional land surveyor, and landscape architect. The chairperson shall only serve one four year term as chairperson. The chairperson of the landscape architectural division will be a vice chairperson of the board and will be ranking vice chairperson when the chairperson of the board is a landscape architect.

Eight members of the board, including at least one from each division will be required for a quorum for board business. Two voting members of each division of the board will be required for a quorum for division business.

A faculty member at an accredited school with the rank of assistant professor or higher will be regarded as actively practicing landscape architecture, in order to eligible for board membership.

The board will no longer be required to have the advice of the attorney general to summon or subpoena witnesses and documents under hearing or investigation.

The act also specifies that licensees are personally responsible for the contents of all documents to which they affix their seal, whether they were prepared or drafted by another licensee, or not. Licensees are also specifically required to only perform those architectural, professional engineering, professional land surveying, and landscape architectural services as they are qualified by education, training, and experience to perform.

Also, professional land surveyors with inactive licenses may continue to use the title "professional land surveyor" or the initials "PLS" after their name.

This act is similar to HB 1639 (2010), HCS/HB 2388 (2010), and SB 298 (2009).

DENTAL ASSISTANTS AND DENTAL HYGIENISTS

(Sections 332.011, 332.098)

This act requires dental assistants and dental hygienists to obtain a permit from the dental board in order to perform expanded-function duties. Expanded-function duties are reversible acts that would be considered the practice of dentistry that the board specifies by rule may be delegated to a dental assistant or dental hygienist with an expanded-functions permit. This permit must be renewed every five years.

This act is similar to SB 953 (2010), HB 2229 (2010), and HCS/HB 2388 (2010).

PHYSICAL THERAPISTS

(Section 334.100, 334.506, 334.613)

This act authorizes physical therapists to accept prescriptions for treatment from advanced practice registered nurses licensed in Missouri.

This act is similar to SB 986 (2010), HB 1449 (2010), and HCS/HB 2388 (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 act is similar to HB 1738 (2010) and HCS/HB 2388 (2010).

NURSES

(Section 335.081 and Section 1)

This act exempts nurses who are legally qualified and licensed in another state, territory, or foreign country from having to be licensed in Missouri if the nurse is transporting patients into, out of, or through Missouri and the transport does not exceed forty-eight hours.

This act also requires employers to check the license status of registered nurses, licensed practical nurses, and advanced practice registered nurses.

This act is similar to HB 1990 (2010), provisions of SB 1022 (2010), and HCS/HB 2388 (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 act is similar to HB 1832 (2010) and HCS/HB 2388 (2010).

SOCIAL WORKERS

(Sections 337.600, 337.603, 337.615, 337.618, 337.643)

The act eliminates the option of receiving a provisional license as a clinical social worker for applicants who have not yet completed their supervised clinical experience.

Currently, for a social worker to qualify as a qualified advanced macro supervisor, qualified baccalaureate supervisor, or qualified clinical supervisor, the social worker must have practiced in the field he or she will be supervising for at least five uninterrupted years. This act modifies this requirement so that these supervisors must have practiced in the field of social work as a licensed social worker and so their five years of practice may have been interrupted.

Currently, if supervised, a practitioner of master social work may engage in practices reserved to clinical social workers or advanced macro social workers. This act limits this practice to no more than four years for the purpose of obtaining a license as a clinical social worker or an advanced macro social worker.

This act is similar to HB 1824 (2010) and HCS/HB 2388 (2010).

MARITAL AND FAMILY THERAPISTS

(Sections 337.700, 337.703, 337.705, 337.706, 337.715, 337.718, 337.727, 337.739)

This act creates a provisional license for a marital and family therapist. A provisional licensed marital and family therapists will be required to have at least a master's degree, be supervised by a qualified supervisor as defined by rule, and meet all the licensing requirements, except for the required twenty-four months of supervised clinical experience.

This act also requires that state officials, employees, commissions, agencies, counties, municipalities, school districts, and political subdivisions not discriminate between persons licensed under the marital and family therapy statutes when promulgating rules or when requiring or recommending services that these individuals may legally perform.

This act is similar to HB 2226 (2010) and HCS/HB 2388 (2010).

WHOLESALE DRUG DISTRIBUTORS

(Sections 338.333, 338.335, 338.337)

If wholesale drug distributors who distribute drug-related devices in Missouri meet certain conditions, this act exempts them from having to obtain a license from the board of pharmacy for out-of-state distribution sites. A Missouri wholesale drug distributor who receives shipments from these out-of-state sites is responsible for all shipments received.

This act is similar to HB 1997 (2010), SB 914 (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.

This act is similar to HB 1692 (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.

This act is similar to HB 2388 (2010).

MISSOURI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT

(Section 376.717, 376.718, 376.724, 376.725, 376.732, 376.733, 376.734, 376.735, 376.737, 376.738, 376.740, 376.743, 376.758)

This act updates various provisions of the "Missouri Life and Health Insurance Guaranty Association Act".

The act clarifies that structured settlement annuities are covered by the guaranty association and are subject to a cap of $250,000. The act also provides rules for determining how the responsibility for coverage of these types of annuities is allocated among state guaranty associations (Section 376.717.1(3)).

The act expands the list of areas in which the guaranty association will not provide coverage. Under the act, the guaranty association will not provide coverage for:

1) An obligation that does not arise under the express written terms of the policy or contract issued by the insolvent insurer;

2) Any portion of a policy or contract to the extent that required assessments are preempted by federal or state law;

3) Certain contracts which establish benefits by reference to a portfolio of assets not owned by the insurer;

4) Certain types of indexed policies;

5) A policy providing any hospital, medical, prescription drug or other health care benefits pursuant to Part C or Part D of Subchapter XVIII, Chapter 7 of Title 42 of the United States Code (commonly known as Medicare Part C & D) or any regulations issued thereunder (Section 376.717.3(7)-(11)).

The act adds several clarifying definitions, including the definition of an "owner" of a policy, and the standard for determining the "principal place of business" of a corporation (for the purpose of applying the residency test that determines which state guaranty association has coverage responsibility)(Section 376.718).

The act makes a number of technical changes clarifying the guaranty association's options in providing coverage (Section 376.724); how terminated policies are handled (Section 376.725); the guaranty association's standing to appear or intervene in litigation (Section 376.732); the guaranty association's assignment and subrogation rights (Section 376.733); the guaranty association's general powers and how reinsurance contracts are handled (Section 376.734); how assessments of insurers to fund the guaranty association's operations are handled (Section 376.735 and 376.737); requirements for the association's plan of operation (Section 376.740); and clarifying that the amendments made by the act are prospective only and shall not apply to member insurers that are impaired or insolvent prior to August 28, 2010 (Section 376.758).

The provisions contained in this act are similar to SB 900 (2010) and HB 1904 (2010).

ENTITIES EMPLOYING CERTAIN LICENSED HEALTH CARE PROFESSIONALS

(Sections 383.130, 383.133)

The act adds home health agencies, nursing homes, nursing facilities, and any entity that employs or contracts with licensed health care professionals to provide healthcare services to individuals to the list of entities that are required to report to professional licensing authorities when disciplinary action is taken against a health care professional, or when the health care professional resigns while there are pending complaints that might have led to disciplinary action.

This act is similar to provisions of SB 1022 (2010), HB 1989 (2010), and HCS/HB 2388 (2010).

EMILY KALMER