SB 9
Modifies provisions relating to prisoner complaints against a psychologist's license
Sponsor:
LR Number:
0360S.04S
Last Action:
5/13/2021 - In Conference
Journal Page:
Title:
CCS SB 9
Calendar Position:
1
Effective Date:
August 28, 2021
House Handler:

Current Bill Summary

CCS/SB 9 - This act modifies provisions related to the regulation of certain professionals.

STUDENT ATHLETES

This act modifies provisions related to student athletes and athlete agents.

This act provides that a postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a college athlete from fully participating in intercollegiate athletics without penalty for earning compensation for the use of such athlete's name, image, or likeness rights, or athletic reputation. Such compensation shall not affect a student athlete's grant-in-aid or stipend eligibility, amount, duration, or renewal. Such institution shall also not interfere with a college athlete's participation based on obtaining representation in relation to contracts or legal matters. Grant-in-aid and stipends shall not be construed as compensation for the use of a student athlete's name, image, or likeness rights, or athletic reputation.

Student athletes shall not enter into apparel, equipment, or beverage contracts requiring advertisement for such products during official, mandatory team activities which conflict with a term in a contract of a postsecondary educational institution. Student athletes shall not enter into any contract for compensation for the use of such athlete's name, image, or likeness rights, or athletic reputation without the consent of such institution if the contracts conflicts with a term in a contract of such institution. Before the execution of any such contract, regardless of whether a conflict exists, the student athlete shall disclose the contract to the institution.

Postsecondary educational institutions shall not compensate or cause compensation to a student athlete, prospective student athlete, or such an individual's family for the use of the individual's name, image, or likeness rights, or athletic reputation.

No contract of a college athletic program shall prevent a student athlete from receiving compensation for the use of such athlete's name, image, or likeness rights, or athletic reputation outside of official, mandatory team activities record in a writing made publicly available upon request.

Institutions that enter into commercial agreements that directly or indirectly use a college athlete's name, image, or likeness rights, or athletic reputation, shall conduct a financial development program of at least 15 hours once per year, as described in the act.

A college athlete may bring a civil suit for an injunction and actual damages against third parties in violation of this act. Such suit shall be brought in the county where the violation has occurred or will occur. Prevailing plaintiffs shall be awarded damages and court costs. Students and state or local prosectors bringing an action against a violator of the act shall not be deprived of any legal protections with respect to controversies arising under this act.

Legal settlements shall not conflict with this act.

These provisions apply only to contracts entered into, modified, or renewed on or after August 28, 2021. (Section 173.280)

These provisions are similar to HB 498 (2021).

PHYSICAL THERAPY

A candidate for licensure as a physical therapist or physical therapist assistant may furnish evidence of his or her eligibility to graduate within 90 days from a physical therapy program approved by the State Board of Registration for the Healing Arts, as an alternative to furnishing evidence of completion of such program.

Such candidates shall, in addition to other requirements in current law, meet standards to qualify to take required examinations, including requirements established by any entity contracted to administer such examinations. No person who has failed such examination 6 or more times shall be eligible for licensure by examination. (Sections 334.530 and 334.655)

These provisions are identical to provisions in HCS/SB 330 (2021).

PRISONER COMPLAINTS AGAINST A PSYCHOLOGIST'S LICENSE

Under current law, if the State Committee of Psychologists finds merit to a complaint made by a prisoner under the care and control of the Department of Corrections or who has been ordered to be taken into custody, detained, or held as a sexually violent predator, and takes further investigative action, no documentation may appear on file nor may any disciplinary action be taken in regards to the licensee's license unless there are grounds for the denial, revocation, or suspension of a license.

This act includes complaints made by individuals who have been ordered to be evaluated in a criminal proceeding involving mental illness.

Under this act, a psychologist subject to the complaint by an individual who has been ordered to be evaluated in a criminal proceeding involving mental illness prior to August 28, 2021, may submit a written request to destroy all documentation regarding the complaint, and notify any other licensing board in another state, or any national registry who had been notified of the complaint, that the Committee found the complaint to be unsubstantiated. (Section 337.068)

These provisions are identical to SB 556 (2020) and SB 451 (2019) and to provisions in HCS/SB 330 (2021) and are substantially similar to HB 441 (2019) and HB 2709 (2018).

MATT KIMMINAU