Missouri Senate

Truly Agreed to and Finally Passed

NOTIFYING EMPLOYERS REGARDING THE LICENSING STATUS OF EMPLOYEES

(Section 324.014)

This act requires any board, commission, committee, council, or office within the Division of Professional Registration to notify a licensee's current employer, if the employer is known, of a change in the licensee's license or disciplinary status. Employers may also provide a list of current licensed employees and make a written request to the appropriate board to be notified when there is a change in the licensing status of any of those employees.

This provision is identical to a provision of SS/SCS/HCS/HB 265 (2011).

LIMITED TEACHING LICENSE FOR DENTAL INSTRUCTORS

(Section 332.425)

This act allows the Missouri Dental Board to issue a limited teaching license to an instructor at an accredited dental school. This limited teaching license only allows the licensee to practice within the accredited dental school programs. Individuals who receive a limited teaching license must meet specified requirements, including successful passage of an examination of spoken and written proficiency in the English language, but will not be required to have graduated from an accredited dental school.

This provision is identical to SCS/HB 591 (2011).

BOARD OF EMBALMERS AND FUNERAL DIRECTORS

(Sections 333.041, 333.042, 333.051, 333.061, 333.091, 333.151, 333.171, 436.405, 436.412, 436.445, 436.450, 436.455, and 436.456)

This act modifies licensing requirements for funeral directors, embalmers, and funeral establishments and certain requirements for preneed funeral contracts.

The act modifies the requirements for applicants for funeral director and embalmer licenses. A general equivalency diploma, or equivalent education, as determined by the board of embalmers and funeral directors, will satisfy the requirement that a person seeking a funeral director or embalmer license have a high school diploma. An applicant for a license to practice funeral directing or embalming is no longer required to be a Missouri citizen or a resident of a county bordering Missouri. An applicant for an embalmer's license is required to complete a funeral service education program, rather than graduate from an institute of mortuary science education. An applicant for a funeral director's license is required to complete the apprenticeship in twelve consecutive months, rather than twelve months.

Also, funeral establishments will no longer be required to keep their register book or log in the preparation or embalming room. The log book must contain the name of each body that has been in the establishment, the date the body arrived, if applicable, the place the body was embalmed, and if the body was embalmed at the establishment, the date and time of the embalming and the name, signature, and license number of the embalmer.

The act changes the requirements for membership on the board of embalmers and funeral directors, reduces the number of members on the board from ten to six members, and allows a majority of the members of the board to constitute a quorum at meetings.

The act also modifies provisions that regulate preneed funeral contracts. Among other changes, the act modifies requirements for insurance-funded preneed contracts, so that these provisions apply to preneed contracts designated to be funded by deferred annuity contracts that are not classified as variable annuities and have death benefit proceeds that are never less than the sum of premiums paid. The amendment specifies that a trustee of a preneed trust is allowed to invest trust funds with authorized external investment advisors of a trustee, seller, or provider and allows preneed sellers and purchasers to agree to put the funds for the preneed contract in an account titled in the beneficiary's name and payable on the beneficiary's death to the seller. The act also changes the procedure for a funeral provider to receive funds after providing funeral services and merchandise and the procedure for a purchaser who want to cancel a preneed contract funded by a joint account.

These provisions are similar to SCS/SB 340 (2011) and identical to provisions of SS/SCS/HCS/HB 265 (2011).

NURSING EDUCATION INCENTIVE PROGRAM

(Sections 335.036, 335.200, 335.203, 335.206, 335.209)

This act creates the Nursing Education Incentive Program within the Department of Higher Education for the awarding of grants. This program will allow grants not to exceed $150,000 to be awarded to Missouri institutions of higher education accredited by the Higher Learning Commission of the North Central Association that offer a nursing education program. No campus may receive more than one grant per year.

To be considered for a grant, an institution must offer a nursing program that meets a predetermined category and area of need as established by the Department of Higher Education and the State Board of Nursing. When establishing categories and areas of need, the Department and Board may consider: data from licensure renewal and from the Department of Health and Senior Services and national nursing statistical data and trends for nursing shortages.

The State Board of Nursing is authorized to provide funding to the program.

This act also repeals the obsolete Nurse Training Incentive Fund.

These provisions are identical to provisions of HCS/HB 223 & 231 (2011) and similar to SB 191 (2011).

LICENSED PRACTICAL NURSES

(Section 335.099)

This act specifies that a licensed practical nurse is qualified to teach an insulin administration course, if the nurse is an approved instructor for the level 1 medication aid program, and is qualified to perform diabetic nail care, onsite reviews of basic personal care recipients and dietary oversight of residents of residential care facilities or assisted living facilities.

VETERINARY LEGEND DRUGS

(Section 338.010, 338.140, 338.150, 338.210, 338.220, 338.240, 338.315)

This act modifies the authority of the Board of Pharmacy with regard to certain drugs used in veterinary medicine.

This act also adds a veterinarian to the advisory committee appointed by the Board of Pharmacy to make recommendations to it about rules and regulations dealing with drug distribution and manufacturing. The advisory committee is also required to review and make recommendations to the Board of Pharmacy regarding rules and regulations about veterinary legend drugs.

Businesses that only hold a class L pharmacy permit will not be required to have a pharmacist on site, except for when noncontrolled drugs for use in animals are being compounded. A pharmacist is responsible for reviewing the activities and records of class L pharmacies.

These provisions are similar to SB 29 (2011), HB 496 (2011), and HB 1814 (2010).

LEGEND DRUGS

(Section 338.330)

This act defines the term "legend drug" for the purpose of certain pharmacy laws. Legend drugs will mean any drug or biological product that is subject to a certain federal law, is required to be labeled in certain ways, or is required to be dispensed by prescription only or is restricted to use by practitioners only. The act excludes certain drugs and drug products that are being used in clinical trials.

This provision has an emergency clause.

This provision is similar to CCS/HCS/SB 284 (2011) and SCS/HCS/HB 412 (2011).

REAL ESTATE LICENSEES

(Section 339.190)

Currently, licensed real estate brokers and salespersons have immunity from liability for statements made by certain individuals, such as an inspector, unless the individual was employed by the real estate licensee, selected by and engaged by the licensee, or the licensee knew the statement was false or acted in reckless disregard as to whether the statement was true or false. This act specifies that if the real estate broker or salesperson only orders a report or inspection, that does not mean the licensee selected or engaged the individual, so the real estate licensee would still have immunity from liability for the statements the individual made.

This provision is identical to HCS/HB 220 (2011) and a provision of HCS/SCS/SB 29 (2011).

LIENS FOR ARCHITECTS, ENGINEERS, LANDSCAPE ARCHITECTS, AND LAND SURVEYORS

(Section 429.015)

Currently, architects, engineers, landscape architects, land surveyors, and corporations registered to do the work of these professions who perform work on buildings or land have a lien on the building or land to the extent of one acre. This act increases the lien to encompass three acres.

This provision is identical to a provision of HB 402 (2011) HCS/SCS/SB 60 (2011) and HCS/SB 220 (2011) and similar to SB 1074 (2008), SB 267 (2009), and SB 867 (2010).

STATUTE OF LIMITATIONS FOR ACTIONS AGAINST LAND SURVEYORS

(Section 516.098)

Under current law, a person must file a lawsuit based on errors in a land survey within five years of discovering the error. This act modifies this deadline to require that the lawsuit against the land surveyor be filed within ten years from the completion of the survey.

This provision is identical to a provision of HB 402 (2011).

EMILY KALMER