SB 835 Establishes a nursing compact, physical therapy compact, and legislative procedures for regulating professions, and modifies provisions regarding medical hemp extract, land surveyors, collaborative practice, and the nurse education incentive program
Sponsor: Wasson
LR Number: 5271H.03C Fiscal Notes
Committee: Financial and Governmental Organizations and Elections
Last Action: 5/13/2016 - H Calendar Senate Bills for Third Reading w/HCS Journal Page:
Title: HCS SB 835 Calendar Position:
Effective Date: August 28, 2016

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Current Bill Summary


HCS/SB 835 - The act modifies various provisions relating to licensed professionals.

MEDICAL HEMP EXTRACT - 192.945, 192.947

The act provides that only neurologists may recommend hemp extract for the treatment of intractable epilepsy. Additionally, an individual or health care entity cannot be subject to adverse action by the state, including civil or criminal prosecution or disciplinary action by a licensing board, for recommending the use of hemp extract for an eligible patient.

This provision is identical to provisions contained in HCS/SB 831 (2016) and similar to provisions in SB 822 (2016) and SCS/HB 1682 (2016).

REGULATING PREVIOUSLY UNREGULATED PROFESSIONS - 324.004, 621.280

This act provides that the state shall not impose a substantial burden on an individual's pursuit of his or her occupation or profession unless there is an important governmental interest for the state to protect the general welfare. If an important governmental interest does exist, then the regulation adopted shall be the least restrictive type of regulation consistent with the public interest to be protected.

The act establishes certain criteria under which to review all bills purposing to regulate an occupation or profession not previously regulated. If the legislature determines that the state has an important interest in regulating the occupation or profession then the least restrictive type of regulation shall be implemented, such as providing for stricter civil actions and criminal prosecutions, inspection requirements, registration, certification, or licensing.

The General Assembly cannot pass any law regulating a previously unregulated profession except by bill, which has received a committee hearing and voted upon in favor by a majority of the committee members. Any amendment offered to regulate a previously unregulated profession cannot be adopted unless the language contained in the amendment is identical to language in a bill which has received a committee hearing and received a favorable vote by a majority of the committee members in the house where the amendment is being proposed.

An applicant group, defined as an organization or individual that proposes that an occupation or profession be regulated, shall submit a written report to the applicable standing committees in the Senate and House of Representatives containing certain information as specified in the act including a definition of the problem and why regulation of the profession is necessary, harm to the public by not regulating the profession and efforts to address the harm caused, alternatives to the regulation, the benefit to the public if the regulation becomes law, and the expected costs of regulation. This report shall be submitted to the appropriate committee prior to the hearing on the bill containing the new proposed regulations.

The act states that practitioners actively engaged in a newly regulated occupation or profession for at least one year prior to the effective date of the regulation statute shall have a property right in their continued legal ability to engage in their occupation or profession. The decision of any newly created board or commission charged with regulating or licensing an occupation or profession to refuse licensure to a pre-existing practitioner shall be in writing, specify the reasons for denial, and inform the practitioner of the right to appeal before the Administrative Hearing Commission.

These provisions are identical to provisions contained in HCS/SB 831 (2016) and similar to SB 829 (2016) and to provisions contained in SCS/HB 1466 (2016), HB 634 (2015), HCS/SCS/SB 107 (2015), HCS/SS/SB 416 (2015), HCS/SCS/SB 146 (2015), and HCS/SS/SCS/SB 517 (2015).

LANDSURVEYORS - 327.313, 327.321

The act repeals the requirement that applicants for enrollment as land surveyor in training or for licensure as a professional land surveyor must include in their application three letters of reference.

These sections are identical to HB 2461 (2016).

COLLABORATIVE PRACTICE - 334.037, 334.104

The act modifies provisions regarding collaborative practice arrangements between a physician and an assistant physician and a physician and an advanced practitioner registered nurse (APRN). The act specifies that in performing a review of an assistant physician or APRN's delivery of health care services, the physician does not need to be present at the practice site of the assistant physician or the APRN. Currently, the collaborating physician and the assistant physician or APRN must practice together for one month before the assistant physician or APRN is allowed to practice at a location where the physician is not continuously present. The act exempts a collaborating physician and assistant physician or APRN from this requirement when the assistant physician or APRN is already familiar with the patient population and the physician is new to the patient population.

These provisions are identical to provisions contained in HCS/SB 831 (2016) and substantially similar to provisions in HCS/HB 1465 (2016).

PHYSICAL THERAPY COMPACT - 334.1200 - 334.1233

The act creates a physical therapist compact. To participate in the compact a state must (1) participate in the Physical Therapy Compact Commission's data system; (2) have a mechanism in place for receiving and investigating complaints; (3) notify the Commission of any adverse action regarding a licensee; (4) implement a criminal background check; (5) comply with the rules of the Commission; (6) use a recognized national examination as a requirement for licensure; and (7) have continuing education as a requirement for license renewal.

A member state shall grant the compact privilege to a licensee holding a valid license in another member state. In order to have a compact privilege a licencee must (1) have an unencumbered license in his or her home state; (2) have not had any adverse action against the license in the previous 2 years; (3) notify the Commission that he or she is seeking compact privilege within a remote state; (4) pay a fee; (5) meet any jurisprudence requirements established by the remote state; and (6) report to the Commission adverse action taken by a nonmember state within 30 days from the date the adverse action is taken. The compact privilege is valid until the expiration date of the home license. The licensee providing physical therapy in a remote state is subject to the laws and regulations of the remote state. If a home state license is encumbered then the licensee shall lose the compact privilege until certain conditions are met as established in the act.

A remote state has the authority to take adverse action against a licensee's compact privilege in that state, but only a home state may impose adverse action against a license issued by the home state. Additionally, any member state may investigate violations of physical therapy statutes and rules in any other member state in which a physical therapist holds a license or compact privilege. Member states may also participate in joint investigations of licensees.

The act creates the Physical Therapy Compact Commission. Each member state shall have one delegate who shall be a current member of the member state's licensing board. The Commission shall establish bylaws and promulgate rules, which shall have the force and effect of law and shall be binding in all member states. Within the Commission, there is an executive board composed of 9 members with the authority to act on behalf of the Commission. The Commission may collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff.

The Commission shall develop, maintain, and use a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. Member states are required to submit a uniform data set to the data system on all individuals to whom the compact is applicable. The data shall include (1) identifying information; (2) licensure data; (3) adverse actions against the licensee or compact privilege; (4) nonconfidential information related to alternative program participation; (5) denial of application for licensure; and (6) any other information that may facilitate the administration of the compact.

If a member state defaults in the performance of its obligations under the compact or promulgated rules then the defaulting state may be terminated from the compact as provided in the act.

The compact shall not become effective until ten states enact the compact into law.

These sections are identical to sections in HCS/HB 1465 (2016), SS/SCS/HB 1816 (2016), HB 2328 (2016), CCS #2/HCS/SS/SB 608 (2016), CCS/HCS/SB 635 (2016), CCS/HCS/SCS/SB 973 (2016), HCS/SB 831 (2016), and HCS/SCS/SB 836 (2016).

NURSING EDUCATION INCENTIVE PROGRAM - 335.203

Currently, the Nursing Education Incentive Program is administered by the Department of Higher Education. This act makes the State Board of Nursing the administrative agency responsible for implementing the program.

This provision is identical to a provision in HCS/SB 831 (2016) and substantially similar to a provision in SS/SCS/HB 1816 (2016).

NURSING LICENSURE COMPACT - 335.360 - 335.415

This act establishes a new nursing licensure compact in which states who are members of the compact, known as party states, may issue multistate nursing licenses for the practice of registered, licensed practical, or vocational nursing. A multistate nursing license shall authorize a nurse to practice under a multistate licensure privilege in each party state. The act does not affect the requirements established by a party state for the issuance of a single-state license.

This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact by no less than twenty-six states or December 31, 2018. All party states to this compact that were also parties to the prior nurse licensure compact shall be deemed to have withdrawn from the prior compact within six months after the effective date of this compact.

Under the act, a party state must adopt procedures for considering the criminal history of applicants for an initial multistate license, and require an applicant for multistate licensure to 1) meet certain educational requirements as specified in the act, 2) pass the NCLEX-RN or NCLEX-PN examination, 3) hold or be eligible for an active, unencumbered license, 4) submit fingerprints for a criminal background check, 5) not have been convicted of a felony or a misdemeanor related to the practice of nursing, or enrolled in an alternative licensure disciplinary program, and 6) have a valid Social Security number.

A nurse practicing in a party state, not his or her home state, is subject to the jurisdiction of the licensing board, courts, and laws, of the party state in which the client is located at the time service is provided. A party state may take adverse action against a nurse's multistate licensure privilege, and shall notify the administrator of the coordinated licensure information system of any disciplinary action. The administrator shall then inform the licensee's home state of any such action by another state against the licensee.

All party states shall participate in a coordinated licensure information system, which shall include information on the licensure and disciplinary history of each nurse, and shall be administered by a nonprofit organization composed of and controlled by the party states' licensing boards. Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

A nurse who holds a multistate license issued by his or her home state on the effective date the compact may retain and renew the multistate license issued by the current home state. However, a nurse who changes primary state of residence after the effective date of the compact shall meet the requirements to obtain a multistate license from a new home state. A nurse may hold a multistate license issued by the home state, in only one party state at a time. If a nurse moves to a new party state, he or she must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated. If a nurse moves to a non-party state then the multistate license issued by the prior home state will convert to a single-state license, valid only in the prior home state.

The licensing board of each state shall have the authority to take disciplinary action against a nurse's multistate licensure privilege to practice within the party state, but only the home state shall have the power to take adverse action against a nurse's license issued by the home state.

The Interstate Commission of Nurse Licensure Compact Administrators, composed of one designee from each party state, shall have the authority to promulgate uniform rules to implement and administer the compact. Such rules shall be binding in all party states and have force and effect of law. The act sets forth procedures and requirements that the Commission must follow in order to exercise its rulemaking powers. The Commission shall meet at least once a year and the meetings shall be open to the public. The Commission shall establish bylaws or rules to govern its conduct which shall be published on the Commission's website.

If the Commission determines that a party state has defaulted in the performance of its responsibilities under the Compact and fails to cure such default, then the party state's membership in the Compact shall be terminated upon an affirmative vote of the members of the Commission.

This act shall become effective upon notification to the Revisor of Statutes by the Commission that no less than twenty-six states have enacted the Compact, or December 31, 2018, whichever occurs earlier.

These provisions are substantially similar to SB 985 (2016) and identical to provisions in HCS/HB 1465 (2016), CCS #2/HCS/SS/SB 608 (2016), CCS/HCS/SB 635 (2016), SS/SCS/HB 1816 (2016), and HCS/SB 831 (2016).

OPTOMETRY STUDENTS - 336.020

The act provides that the statutory prohibition of the unlawful practice of optometry shall not apply to students enrolled in an accredited school of optometry training under the direct supervision of a licensed physician or optometrist.

This provision is similar to HB 2153 (2016) and identical to provisions in SS/SCS/HB 1816 (2016), HCS/SCS/SB 836 (2016), and HCS/SB 831 (2016).

JESSI BAKER