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HCS/SB 330 - This act modifies provisions relating to professional licenses. COTTAGE FOOD PRODUCTION OPERATIONS: First, this act provides that a cottage food production operation is not a food service establishment and therefore is not subject to any health or food code laws or regulations of the state. A cottage food production operation is defined as an individual operation out of an individual's home which meets certain conditions provided in the act. A cottage food production operation must clearly inform the consumer using a visible placard that the food is prepared in a kitchen not subject to inspection by the Department of Health and Senior Services. Additionally, a local health department shall not regulate the production of food at a cottage food production operation. Local health departments and the Department of Health and Senior Services must still maintain records of complaint against cottage food production operations. Provisions of this section are similar to HB 440 (2013) and SB 432 (2013). FIRE SPRINKLER SYSTEM CONTRACTOR: The act allows contractors who engage in the installation of fire sprinkler systems or service fire sprinkler systems to apply for a certificate of registration. The registration statutes and rules have uniform effect throughout the state. Municipalities, counties, and other local governmental bodies are authorized to enact or enforce their own registration or licensing requirements. The State Fire Marshal is given authority to promulgate rules. Such rules shall concern the procedure for filing an application, applicable fees, and procedures for reciprocity with other states. A contractor that applies with the state fire marshal for a certificate of registration must pay an application fee. The fees will be deposited in the Fire Sprinkler Contractor Registration Fund. The act establishes the requirements that a contractor must meet in order to obtain a certificate of registration. Certificates of registration are valid for two years and are not transferable. A fee shall be charged for duplicate certificates or changes to a certificate. A contractor holding itself out as a certified fire sprinkler contractor must display its certificate in a conspicuous place in the contractor's business. The State Fire Marshal is obligated to send out written notice at least thirty days prior to a certificate expiring. The State Fire Marshal shall not issue a certificate of registration unless the applicant files evidence of general liability insurance of not less than one million dollars per year for all occurrences. The State Fire Marshal is authorized to file a disciplinary complaint against certified contractors for specific violations. After the Administrative Hearing Commission finds that grounds for discipline are met, the state fire marshal may place the contractor on probation, or suspend or revoke the contractor's certification. The State Fire Marshal is authorized to seek an injunction against persons or organization holding themselves out as being certified when they do not hold a certificate of registration. The provisions of this section are similar to SB 860 (2012), SB 397 (2011), SB 927 (2010); HB 2132(2010); and SB 272 (2013). STATE BOARD OF CHIROPRACTIC EXAMINERS: Currently, members of the Missouri StatE Board of Chiropractic Examiners are not held personally liable for acts committed in performance of official duties as boards members, except in cases of gross negligence. This act repeals the gross negligence exception. This provision is identical to SB 212 (2013) and HB 488 (2013), and similar to HB 1951 (2012). DENTAL ASSISTANTS: The act provides that placement of pit or fissure sealants, and application of topical fluoride may be delegated to a dental assistant, certified dental assistant or expanded-functions dental assistant by a registered and licensed dentist. This provision is identical to HB 854 (2013). COLLABORATIVE PRACTICE ARRANGEMENTS: Currently, a collaborative practice arrangement must include provisions providing how the collaborating physician and the advanced practice registered nurse will maintain geographic proximity. This act adds that an arrangement may allow for the waiver of the proximity requirement for no more than twenty-eight days per year in order for the advanced practice registered nurse to provide care at a rural health clinic that is located more than fifty miles from the hospital sponsor. The act specifies that nothing in statute regarding collaborative practice arrangements shall be construed to supercede sections 188.080 or 334.245 prohibiting any person other than a licensed physician to perform or induce an abortion. Performing or inducing an abortion under telemedicine or telehealth, whereby the physician is in a location other than where the patient is located, is not authorized by the collaborative practice arrangement statute or any other provision of law. The provisions of this section are similar to SCS/HB 625 (2013). PHYSICIAN ASSISTANTS: This act modifies the scope of practice for physician assistants. The act changes the definition of the term "supervision" by repealing the requirement that a physician assistant must work in the same facility of a supervising physician sixty-six percent of the time that the physician assistant provides care. The act states that the physician assistant is to only practice where the supervising physician routinely provides care. Supervising physicians and physician assistants also must sign an attestation which states that the physician assistant will not practice beyond the physician assistant's training and experience. Additionally, the definition of supervision provides that the physician assistant and the supervising physician shall work in the same facility for at least four hours every fourteen days of patient care. The requirement that a physician assistant must only practice at locations within thirty miles of the supervising physician is repealed. The act provides that under a supervision agreement a physician assistant may practice at locations which are fifty miles from the supervising physician. The act modifies the scope of practice for a physician assistant by specifying that a physician assistant is prohibited from prescribing abortions. In the case of physician-physician assistant teams, no supervision requirements beyond federal law requirements are necessary for the teams to practice in a rural health clinic. The act modifies the definition of "physician assistant supervision agreement" by adding that the agreement must contain certain elements defined in the act including complete contact information of both the supervising physician and physician assistant, list of locations where the physician assistant is authorized to practice, and the manner of supervision provided. The provisions of this section are similar to SB 219 (2013) and HCS/SCS/SB 126 (2013). MENTAL HEALTH PROFESSIONALS: Currently, an official, employee, board, commission, county, municipality, school district, agency of the state or political subdivision is prohibited from discriminating between licensed professional counselors when promulgating regulations or requiring services that legally may be performed by the licensed person. This act also prohibits discrimination between persons who are licensed mental health professionals as defined in statute, as well as clinical social workers and licensed marital and family therapists. This provision is identical to HB 337 (2013). PHARMACISTS: The act allows a pharmacist to dispense an emergency supply of medication without prior authorization from the prescriber in certain situations. The act provides that the pharmacist is to promptly notify the prescriber of the emergency dispensing. These provisions are identical to SCS/SB 302 (2013). NURSING HOME ADMINISTRATORS: Currently, the Missouri Board of Nursing Home Administrators must mail an application for license renewal to nursing home administrators who require license renewal that year. This act requires the Board to notify, rather than mail, every person seeking license renewal. This provision is identical to SB 80 (2013). HEARING INSTRUMENT SPECIALIST: The act modifies the training and education requirements necessary for licensure as a hearing instrument specialist. Currently, an applicant must be at least twenty-one years of age. This act changes the age requirement to eighteen. The applicant must meet one of the following degree requirements: 1) hold at least an associate's level degree in hearing instrument sciences, 2) hold at least an associate's level degree and submit proof of completion of the International Hearing Society's Distance Learning for Professionals in Hearing Health Sciences in Training course along with proof of completion of the Hearing Instrument Specialists in Training program, 3) hold a master's or doctoral degree in audiology, 4) hold a current, unsuspended, unrevoked license from another jurisdiction, or 5) hold a current unsuspended, unrevoked license from another jurisdiction, has been actively practicing as a licensed hearing aid fitter or dispenser, and submits proof of completion of advance certification from the International Hearing Society of the National Board for Certification in Hearing Instrument Sciences. ADOPTION INVESTIGATIONS: This act adds a licensed professional counselor or a psychologist associated with a licensed child placing agency to the list of those authorized to conduct a full investigation into whether an individual is suitable as an adoptive parent for a child. This provision is identical to a provision in HCS/SB 330 and HCS/HB 685 (2013) and similar to HB 1032 (2012). JESSICA BAKER
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