HB 472 Modifies several provisions relating to professional registration

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Current Bill Summary

- Prepared by Senate Research -


HCS/HB 472 - This act modifies several provisions relating to professional registration.

MEDICAL MARIJUANA (Section 191.255)

Under this act, no state agency shall disclose to the federal government the statewide list of persons who have obtained a medical marijuana card.

This provision is identical to a provision contained in HCS/SCS/SB 6 (2019), HCS/HB 341 (2019), and HB 238 (2019).

THE FRESH START ACT (Section 324.012)

This act establishes the "Fresh Start Act of 2019".

Beginning January 1, 2020, no person shall be disqualified from pursuing or practicing in any occupation for which a license is required solely or in part because of a prior conviction of a crime, unless the crime is directly related to the duties and responsibilities for the licensed occupation.

Prior to January 1, 2020, each state licensing authority shall revise existing licensing requirements to explicitly list the specific criminal convictions that could disqualify an applicant from receiving a license. Only criminal convictions that are specific and directly related to the duties and responsibilities for the licensed occupation shall be listed. Licensing authorities are prohibited from using vague or generic terms, and from considering arrests without a subsequent conviction. The licensing authority shall use the clear and convincing standard of proof to determine whether an applicant with a criminal conviction will be denied a license, and shall make its determination based on several factors set forth in the act.

If an individual has a valid criminal conviction for a crime that could disqualify the individual from receiving a license, the disqualification shall not last longer than 5 years from the date of conviction, provided the conviction is not for a crime that is violent or sexual in nature, and the individual has not been convicted of any other crime during the 5 year disqualification period.

An individual with a criminal record may petition a licensing authority at any time for a determination of whether they will be disqualified from receiving a license. The licensing authority is required to inform the individual of his or her standing within 30 days of receiving the petition, but in no event more than four months after receiving the petition. The licensing authority may charge a fee, no greater than $25, to recoup the costs.

If a licensing authority denies an individual a license solely or in part because of the individual's prior criminal conviction, the licensing authority shall notify the individual in writing of the reasons for the denial, that the individual has the right to a hearing to challenge the decision, the earliest date the person may reapply for a license, and that evidence of rehabilitation may be considered upon reapplication.

Any written determination by the licensing authority that an applicant's criminal conviction is a specifically listed disqualifying conviction and is directly related to the duties and responsibilities for the licensed occupation shall be documented with written findings for each reason by clear and convincing evidence sufficient for a reviewing court. In any administrative hearing or civil litigation, the licensing authority shall carry the burden of proof on the question of whether the applicant's criminal conviction directly relates to the occupation for which the license was sought.

This act will apply to any profession for which an occupational license is issued in this state, excluding peace officers or other law enforcement personnel, and including any new occupational license created by a state licensing authority after August 28, 2019.

The provisions of this section are similar to SS/SCS/HCS/HB 564 (2019), HCS/SB 164 (2019), SB 251 (2019), SS/SCS/HB 1719 (2018) HCS/HB 1587 (2018).

EXPANDED WORKFORCE ACCESS ACT (Section 324.025)

This act establishes the "Expanded Workforce Access Act of 2019".

Beginning on January 1,2020, each state licensing authority shall grant a license to any applicant who has successfully completed the eighth grade, completed an apprenticeship approved by the Missouri Division of Professional Registration or the U.S. Department of Labor, and has passed an examination, if one is deemed to be necessary by the Division.

The Division shall establish a passing score for such examinations, which shall not exceed the passing score that is required for a non-apprenticeship license. If there is no examination requirement for a non-apprenticeship license, no examination shall be required for applicants who complete an apprenticeship.

The number of working hours required for an apprenticeship shall not exceed the number of educational hours otherwise required for a non-apprenticeship license.

The provisions of this section are identical to SB 318 (2019), are substantially similar to SCS/HB 470 (2019), SCS/HB 705 (2019), HCS/SB 164 (2019), and HCS/SB 204 (2019).

OCCUPATIONAL FEES (Section 324.035)

Under this act, no board, commission, or committee within the Division of Professional Registration shall utilize occupational fees, or any other fees associated with licensing requirements, or contract or partner with any outside vendor or agency for the purpose of offering continuing education classes.

This provision is identical to a provision contained in HCS/HB 66 (2019), SCS/HB 705 (2019), HCS/SB 164 (2019), and HCS/SB 204 (2019).

LICENSING REQUIREMENTS FOR COSMETOLOGISTS (Section 329.050)

Current law requires cosmetologist students to complete 1,500 hours of training to be licensed. Under this act, all student applicants are required to complete no less than 1,000 hours, for the classification of hairdresser.

Current law requires students to complete no less than 400 hours of training for the classification of manicurist. Under this act, when the classified occupation of manicurist is taken in conjunction with the classified occupation of cosmetologist, the student shall not be required to serve the extra 400 hours otherwise required to include manicuring of nails.

Current law requires all students to complete no less than 750 hours of training for the classification of esthetician. However, when the classified occupation of esthetician is taken in conjunction with the classified occupation of cosmetologists, the student shall not be required to serve the extra 500 hours otherwise required to include the practice of esthetics.

This provision is identical to a provision contained in HCS/SB 164 (2019) and HCS/SB 204 (2019).

LICENSING OF PLUMBERS (Section 341.170)

This act removes the age requirement for applicants for licensure to become master plumbers, journeyman plumbers, and master drainlayers.

This provision is identical to a provision contained in HCS/SB 164 (2019) and HCS/SB 204 (2019).

LICENSING OF MILITARY SPOUSES (Section 374.286)

Under this act, spouses of members of active duty military members shall be given first priority in the processing of all professional licensure applications.

This provision is identical to HB 806 (2019).

JOSIE BUTLER


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