HB 476 Modifies provisions relating to professional registration

     Handler: Bernskoetter

Current Bill Summary

- Prepared by Senate Research -


HB 476 - This act modifies professions related to professional registration.

PESTICIDE CERTIFICATION AND TRAINING

This act modifies provisions relating to pesticide certification and training.

The act creates and modifies several definitions related to pesticides. (Sections 281.015 and 281.020)

The act repeals a provision allowing the Director of the Department of Agriculture to provide by regulation for the one-time emergency purchase and use of a restricted use pesticide by a private applicator. (Section 281.025)

The Director may, by regulation, classify licenses, including a license for noncertified restricted use pesticide applicators. (Section 281.030)

No individual shall engage in the business of supervising the determination of the need for the use of any pesticide on the lands of another without a certified commercial applicator's license issued by the Director.

No certified commercial applicator shall knowingly authorize, direct, or instruct any individual to engage in determining the need for the use of any restricted pesticide on the land of another unless such individual is licensed as a noncertified restricted use pesticide applicator while working under the direct supervision of a certified commercial applicator in which case the certified commercial applicator shall be liable for any use of a restricted use pesticide by an individual operating under the certified commercial applicator's direct supervision.

No certified noncommercial applicator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures owned, leased, or rented by the certified noncommercial applicator or the certified noncommercial applicator's employer unless such individual is licensed as a noncertified restricted use pesticide applicator while working under the direct supervision of a certified noncommercial applicator in which case the certified noncommercial applicator shall be liable for any use of a restricted use pesticide by an individual operating under the certified noncommercial applicator's direct supervision. (Section 281.035)

No pesticide technician shall use or determine the need for the use of any pesticide unless there is a certified commercial applicator, certified in categories as specified by regulation, working from the same physical location as the licensed pesticide technician. A pesticide technician may complete retraining requirements and renew the technician's license without a certified commercial applicator working from the same physical location.

No certified private applicator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures owned, leased, or rented by the certified private applicator or the certified applicator's employer unless such individual is licensed as a certified private applicator or a certified provisional applicator.

A private applicator shall qualify for a certified private applicator's license or a certified provisional applicator's license by attending an approved program, completing an approved certification course, or passing a certification examination as listed in the act. (Section 281.037)

The University of Missouri extension may collect reasonable fees for training and study materials, for attendance of a certification training program, and for an online certification training program. Such fees shall be assessed based on the majority option decision of a review committee convened every 5 years by the Director. The committee shall be composed of members as set forth in the act.

A certified private applicator holding a valid license may renew such license for 5 years upon successful completion of recertification training or by passing the required private applicator certification examination.

On the date of the certified provisional private applicator's 18th birthday, his or her license will automatically be converted to a certified private applicator license reflecting the original expiration date from issuance. A certified provisional private applicator's license shall expire 5 years from date of issuance and may then be renewed as a certified private applicator's license without charge or additional fee.

A provision allowing a private applicator to apply for a permit for the one-time emergency purchase and use of restricted use pesticides is repealed. (Section 281.040)

No certified public operator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures unless such individual is licensed as a noncertified restricted use pesticide applicator while working under the direct supervision of a certified public operator in which case the certified public operator shall be liable for any use of a restricted used pesticide by an individual operating under the certified public operator's direct supervision.

Any person who volunteers to work for a public agency may use general use pesticides without a license under the supervision of the public agency on lands owned or managed by the state agency, political subdivision, or governmental agency. (Section 281.045)

The act creates provisions relating to the use of restricted pesticides. An application for a noncertified restricted use pesticide applicator's license shall follow requirements as set forth in the act and once licensed, a restricted use pesticide applicator shall use pesticides as set forth in the act, including when under supervision of another individual licensed by the Department of Agriculture.

Each pesticide dealership location or outlet from which restricted use pesticides are distributed, sold, held for sale, or offered for sale at retail or wholesale direct to the end user shall have at least one individual licensed as a pesticide dealer. No individual shall be issued more than one pesticide dealer license. Each mobile salesperson possessing restricted use pesticides for distribution or sale shall be licensed as a pesticide dealer.

Each applicant for a pesticide dealer's license shall pass a pesticide dealer examination provided by the Director. (Section 281.048)

Licensed certified applicators, licensed noncertified restricted use pesticide applicators, licensed pesticide technicians, and licensed pesticide dealers shall notify the Department within 10 days of any conviction of or plea to any offense listed in the act. (Section 281.060)

The Director may issue a pesticide applicator certification on a reciprocal basis with other states without examination to a nonresident who is licensed as a certified applicator in accordance with the reciprocating state's requirements and is a resident of the reciprocating state.

The act repeals a provision stating that a nonresident applying for certain pesticide licenses to operate in Missouri shall designate the Secretary of State as the agent of such nonresident upon whom process may be served unless the nonresident has designated a Missouri resident agent. (Section 281.075)

The act prohibits any person to use or supervise the use of pesticides that are cancelled or suspended. It is unlawful for any person not holding a valid certified applicator license in proper certification categories or a valid pesticide dealer license to purchase or acquire restricted use pesticides. Additionally, it is unlawful for any person to steal or attempt to steal pesticide certification examinations or examination materials, cheat on pesticide certification examinations, evade completion of recertification or retraining requirements, or aid and abet any person in an attempt to steal examinations or examination materials, cheat on examinations, or evade recertification or retraining requirements. (Section 281.101)

The act shall become effective on January 1, 2024.

These provisions are substantially similar to provisions in CCS#2/HCS/SS/SB 26 (2021) and are similar to SCS/SB 491 (2021), HCS/HB 1125 (2021), SB 1082 (2021), HB 2532 (2021), and provisions in HCS/HB 601 (2021).

MILITARY LICENSE RECIPROCITY

Current law provides that any person who for at least one year has held a valid, current license issued by another state, a U.S. territory, or the District of Columbia, which allows the person to legally practice an occupation or profession in such jurisdiction may apply for an equivalent Missouri license through the appropriate oversight body, subject to procedures and limitations provided in current law.

This act allows any person who holds a valid, current occupational or professional license issued by a branch or unit of the military to also apply for an equivalent Missouri license. (Section 324.009)

These provisions are identical to provisions in CCS/SS#2/SCS/HB 273 (2021) and substantially similar to provisions in HCS/SB 9 (2021) and HCS/SB 330 (2021).

PROFESSIONAL LICENSING OF INDIVIDUALS WITH CRIMINAL RECORDS

Under current law, an individual with a criminal record may petition a licensing authority for a determination of whether the criminal record will disqualify the individual from obtaining a professional license. This act requires licensing authorities to notify the petitioner in writing of the grounds and reasons if the authority determines that the petitioner is disqualified. This act also removes an exemption for certain licensing authorities listed in current law from the petition requirements.

This act also removes a provision in current law requiring licensing authorities to only list criminal convictions directly related to the licensed occupation for purposes of the Fresh Start Act of 2020. (Section 324.012)

These provisions are identical to SCS/SB 308 (2021) and to provisions in HCS/SB 9 (2021), CCS/SS#2/SCS/HB 273 (2021), and HCS/SB 330 (2021).

OCCUPATIONAL THERAPY LICENSURE COMPACT

This act adopts the Occupational Therapy Licensure Compact.

The Compact allows eligible occupational therapists and occupational therapy assistants licensed in member states to practice in other member states, subject to the requirements and limitations described in the Compact.

The Compact establishes procedures for a licensee to apply for a new home state license in a member state of primary residence based on their licensure in another member state. Active-duty military personnel and their spouses shall retain home state licensure during the period of active duty service without having to maintain residency.

Under the Compact, only a home state may take adverse action on the home state license, while remote member states may take adverse action against the licensee's privilege to practice in the remote state. The Compact provides procedures for how member states shall coordinate in various aspects of adverse actions and investigations.

The Compact establishes the Occupational Therapy Compact Commission as a joint public agency to implement and administer the Compact. The Commission may collect an annual assessment on member states or impose fees on other parties to cover its costs.

The Compact creates qualified immunity from suit and liability for agents of the Commission for negligent misconduct within the scope of the agents' work with the Commission. Such agents shall also be entitled to representation and indemnity in civil actions for such misconduct.

Under the Compact, the Commission shall develop a data system containing information on all licensees related to licensure, adverse actions, and investigations. Member states shall report certain information, as described in the Compact, to the Commission for use in the data system.

Legislatures of member states may reject any rule promulgated by the Commission by a majority of such legislatures enacting a statute or resolution.

The Compact provides procedures for oversight, dispute resolution, and enforcement of the Compact, including procedures for default and termination of membership. The Commission may also sue a member state in federal court to enforce compliance with the Compact, its rules, and its bylaws.

The Compact shall become effective upon its enactment in at least ten states.

The Compact supercedes all other laws that conflict with provisions of the Compact to the extent of the conflict. (Section 324.087)

These provisions are identical to provisions in CCS/SS#2/SCS/HB 273 (2021) and HCS/SB 330 (2021).

DIETITIANS

Current law provides that, for purposes of provisions of law regulating the practice of nutrition and dietetics, "medical nutrition therapy" shall mean nutritional diagnostic, therapy, and counseling services furnished by a registered dietitian or register dietitian nutritionist. Under this act, "medical nutrition therapy" shall instead mean the provision of nutrition care services for the treatment or management of a disease or medical condition.

Under this act, no provision of law governing licensed dietitians shall interfere with any person credentialed in the field of nutrition providing advice, counseling, or evaluations related to food, diet, or nutrition within his or her scope of practice if such services do not constitute medical nutrition therapy under the Dietitian Practice Act.

Prior to performing any service to which the law governing licensed dietitians does not apply under the act, a credentialed non-dietitian shall provide his or her name, title, business address and telephone number, a statement that he or she is not a licensed dietitian, a statement that his or her information or advice may constitute alternative care, and his or her qualifications. (Sections 324.200 and 324.206)

These provisions are identical to provisions in HCS/SB 9 (2021), CCS/SS#2/SCS/HB 273 (2021), and HCS/SB 330 (2021), and similar to SB 232 (2021), HCS/HB 475 (2021), SB 893 (2020), and HB 2000 (2020).

ARCHITECTS

Current law sets forth the practice of architecture in Missouri as rendering or offering to render or represent oneself as willing or able to render service or creative work which requires architectural education, training and experience.

Under this act, the definition of practice of architecture is modified to include rendering or offering to render services in connection with the design and construction of public and private buildings, structures and shelters, and site improvements, in whole or part, which have as their principal purpose human occupancy or habitation. The act sets forth the services that may be included in the practice of architecture. Only a person with the required architectural education, practical training, relevant work experience, and licensure may practice as an architect in Missouri. (Section 327.091)

Current law prohibits any person from practicing architecture in Missouri unless and until such person is licensed or certificated to practice architecture in the state. Current law also exempts certain persons from this requirement.

This act repeals provisions exempting persons who render architectural service in connection with the construction, remodeling, or repairing of certain commercial or industrial buildings or structures or structures containing less than two thousand square feet. All other persons exempt from the licensing requirement may engage in the practice of architecture, provided such person does not use the title "architect" or other terms set forth in the act that indicate or imply that such person is or holds himself or herself out to be an architect. This act also exempts any person who renders architectural services in connection with the construction, remodeling, or repairing of any building or structure used exclusively for agriculture purposes from the licensing requirement.

Current law also exempts any person who renders architectural services in connection with the construction, remodeling or repairing of any privately owned building set forth in the act, provided such person indicates on any documents furnished in connection with such services that the person is not a licensed architect. This act repeals certain privately owned buildings from the list of buildings such person may provide services for, and adds to such list any one building which provides for the employment, assembly, housing, sleeping, or eating of not more than 9 persons; contains less than 2,000 square feet; and is not part of another building or structure. (Section 327.101)

Current law permits any person to apply for licensure as an architect who holds a certified Intern Development Program record with the National Council of Architectural Registration Boards. Under this act, such person may also hold a certified Architectural Experience Program record. (Section 327.131)

These provisions are identical to provisions in SCS/SB 257 (2021) and CCS/SS#2/SCS/HB 273 (2021), and are similar to provisions in HCS/SB 9 (2021), HCS/SB 330 (2021), HCS/HB 481 (2021), HCS/SCS/SBs 673 & 560 (2020), SB 992 (2020), and HB 2575 (2021).

PROFESSIONAL ENGINEERS

Current law prohibits any person from practicing as a professional engineer in Missouri unless and until such person is licensed or certificated to practice engineering in the state. Current law also exempts certain persons from this requirement, including any person who is a regular full-time employee of a person, who performs professional engineering work for the person's employer if certain conditions are met.

Under this act, such exempted persons shall not use the title "professional engineer" or other terms set forth in the act that indicate or imply that such person is or holds himself or herself out to be a professional engineer. This act also exempts any person who renders professional engineering services in connection with the construction, remodeling, or repairing of any privately owned building, as set forth in the act, and professional engineering services rendered in connection with a building or structure used exclusively for agriculture, so long as the person rendering either such type of services indicates on any documents furnished in connection with such services that the person is not a licensed professional engineer.

Any person who renders engineering services in connection with the remodeling of any privately owned, multiple family dwelling house, flat, or apartment containing 3 or 4 families is also exempt, provided certain conditions are met. (Section 327.191)

This act repeals provisions in current law requiring any person entitled to be licensed as a professional engineer to be licensed within 4 years after the date on which he or she is entitled to be licensed, and providing that if such person is not licensed within that time, the Engineering Division of the Board may require him or her to take and satisfactorily pass an examination before issuing him or her a license. (Section 327.241)

These provisions are identical to provisions in SCS/SB 257 (2021) and CCS/SS#2/SCS/HB 273 (2021), are substantially similar to provisions in HCS/SB 9 (2021), HCS/SB 330 (2021), HCS/HB 481 (2021), and are similar to provisions in HCS/SCS/SBs 673 & 560 (2020), SB 992 (2020), and HB 2575 (2021).

LANDSCAPE ARCHITECTS

Current law permits any person who is of good moral character, 21 years of age, who has a degree in landscape architecture, and has at least three years of landscape architectural experience to apply to the Board for licensure as a professional landscape architect.

This act repeals the age requirement, and also provides that an applicant who may not have a degree in landscape architecture may instead have an education which, in the opinion of the Board, equals or exceeds the education received by a graduate of an accredited school. This act also requires an applicant to have taken and passed all sections of the landscape architectural registration examination administered by the Council of Landscape Architectural Registration Boards. (Section 327.612)

These provisions are identical to provisions in SCS/SB 257 (2021) and CCS/SS#2/SCS/HB 273 (2021), are substantially similar to provisions in HCS/SB 9 (2021), HCS/SB 330 (2021), HCS/HB 481 (2021), and are similar to provisions in HCS/SCS/SBs 673 & 560 (2020), SB 992 (2020), and HB 2575 (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 provisions in HCS/SB 9 (2021), CCS/SS#2/SCS/HB 273 (2021), and SB 556 (2020), and are substantially similar to HB 1962 (2020) and provisions in HB 319 (2021) and HCS/SCS/SBs 673 & 560 (2020).

HIV POSTEXPOSURE PROPHYLAXIS

This act allows a pharmacist to dispense medication for HIV postexposure prophylaxis subject to a written protocol authorized by a licensed physician.

Such prophylaxis shall include drugs approved by the Food and Drug Administration that meet the same clinical eligibility recommendations provided in current HIV guidelines published by the Centers for Disease Control and Prevention.

The State Board of Registration for the Healing Arts and the State Board of Pharmacy shall jointly promulgate rules and regulations for the administration of this act and shall not do so separately. (Sections 338.010 and 338.730)

These provisions are identical to SCS/SB 79 (2021) and provisions in HCS/SS/SCS/SB 43 (2021), HCS/SB 64 (2021), and CCS/SS#2/SCS/HB 273 (2021), and similar to provisions in HB 370 (2021) and HCS/HB 2304 (2020).

RX CARES FOR MISSOURI PROGRAM EXTENSION

This act modifies the expiration date of the RX Cares for Missouri Program from August 28, 2019, to August 28, 2026. (Section 338.710)

These provisions are identical to SB 519 (2021) and provisions in HCS/SS/SCS/SB 43 (2021), SS/SB 63 (2021), and HCS/SS/SB 64 (2021).

REAL ESTATE PROFESSIONALS

Under this act, the Missouri Real Estate Commission may cause a complaint to be filed with the Administrative Hearing Commission against any licensed or previously licensed real estate broker, salesperson, broker-salesperson, appraiser, or appraisal manager for advertisements or solicitations which include a name or team name that uses the terms "realty", "brokerage", "company", or any other terms that can be construed to advertise a real estate company other than the licensee or a licensed business entity with whom the licensee is associated.

The Commission may consider the context of the advertisement or solicitation when determining whether there has been a violation of this act. (Section 339.100)

These provisions are identical to SB 473 (2021) and provisions in CCS/SS#2/SCS/HB 273 (2021) and are similar to HCS/HB 695 (2021) and HB 1124 (2021) and provisions in HCS/SB 9 (2021) and HCS/SB 330 (2021).

Under this act, a real estate broker may pay compensation directly to a business entity, as defined in the act, owned by a licensed real estate salesperson or broker-salesperson formed for the purpose of receiving compensation earned by such licensee.

The business entity shall not be required to be licensed and may be co-owned by an unlicensed spouse, a licensed spouse associated with the same broker as the licensee, or one or more other licensees associated with the same broker as the licensee. (Section 339.150)

These provisions are identical to SB 435 (2021) and provisions in CCS/SS#2/SCS/HB 273 (2021) and are similar to provisions in HCS/SB 9 (2021), SCS/HCS/HB 162 (2021), HCS/SB 330 (2021), and HCS/HB 695 (2021).

MATT KIMMINAU


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