HB 542 Adopts the Occupational Therapy Licensure Compact

     Handler: Burlison

Current Bill Summary

- Prepared by Senate Research -


SS/HB 542 - This act modifies provisions related to professional registration.

OCCUPATIONAL THERAPY LICENSE 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 324.093)

These provisions are identical to SB 330 (2021).

DIETITIAN PRACTICE ACT

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 dieticians 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 Dietician Practice Act.

Prior to performing any service to which the law governing licensed dieticians does not apply under the act, a credentialed non-dietician shall provide his or her name, title, business address and telephone number, a statement that he or she is not a licensed dietician, 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 similar to SB 232 (2021), HCS/HB 475 (2021), SB 893 (2020), and HB 2000 (2020).

ARCHITECTS

Current law sets forth the practice of an architect in Missouri as any person who renders or offers to render or represent himself or herself as willing or able to render service or creative work which requires architectural education, training and experience.

Under this act, the practice of architecture is modified to include the rendering or offering to render services in connection with the design and construction of public and private buildings, structures and shelters, 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 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 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 are similar to provisions in SB 992 (2020), HB 2575 (2020), and HCS/SCS/SBs 673 & 560 (2020).

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 are similar to provisions in SB 992 (2020), HB 2575 (2020), and HCS/SCS/SBs 673 & 560 (2020).

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 are similar to provisions in SB 992 (2020), HB 2575 (2020), and HCS/SCS/SBs 673 & 560 (2020).

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.

These provisions are identical to SB 9 (2021), SB 556 (2020), and SB 451 (2019) and are substantially similar to HB 441 (2019) and HB 2709 (2018).

RX CARES FOR MISSOURI PROGRAM

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).

MATT KIMMINAU

SA 1 - UNDER THIS AMENDMENT, A REAL ESTATE BROKER MAY PAY COMPENSATION DIRECTLY TO A BUSINESS ENTITY, AS DEFINED IN THE AMENDMENT, 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)

THIS AMENDMENT IS IDENTICAL TO SB 435 (2021).

SA 2 - THIS AMENDMENT MODIFIES PROVISIONS RELATED TO REAL ESTATE ADVERTISEMENTS, EMBALMING, AND FUNERAL DIRECTING.

REAL ESTATE ADVERTISEMENTS

UNDER THIS AMENDMENT, 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 USING 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 AMENDMENT.

(SECTION 339.100)

THESE PROVISIONS ARE IDENTICAL TO SB 473 (2021).

EMBALMING AND FUNERAL DIRECTING

THIS AMENDMENT MODIFIES THE PROCESS FOR OBTAINING A LICENSE TO PRACTICE EMBALMING AND TO PRACTICE FUNERAL DIRECTING BY REPEALING MUCH OF THE CURRENT LAW REGARDING LICENSURE AND PROPOSING A NEW LICENSURE PROCESS. EACH APPLICANT FOR A STUDENT LICENSE FOR EMBALMING SHALL SUBMIT AN APPLICATION TO THE STATE BOARD OF EMBALMERS AND FUNERAL DIRECTORS, WITH ALL APPLICATION FEES, AND FURNISH EVIDENCE THAT HE OR SHE POSSESSES THE NECESSARY QUALIFICATIONS, INCLUDING CURRENT ENROLLMENT IN, OR COMPLETION OF, AN ACCREDITED FUNERAL SERVICE EDUCATION PROGRAM. AFTER THE STUDENT'S APPLICATION HAS BEEN APPROVED BY THE BOARD, SUCH STUDENT LICENSEES ENROLLED IN A PROGRAM MAY ASSIST IN A LICENSED EMBALMING ESTABLISHMENT UNDER THE DIRECT SUPERVISION OF A LICENSED EMBALMER OR FUNERAL DIRECTOR.

IN ORDER TO BE ELIGIBLE FOR FULL LICENSURE, A STUDENT LICENSEE SHALL DEMONSTRATE THAT HE OR SHE, AFTER COMPLETING A FUNERAL SERVICE EDUCATION PROGRAM, HAS COMPLETED AN APPRENTICESHIP OF NO LESS THAN 6 MONTHS AND HAS PERSONALLY EMBALMED AT LEAST 25 DEAD HUMAN BODIES UNDER THE PERSONAL SUPERVISION OF A LICENSED EMBALMER. THE STUDENT LICENSEE SHALL ALSO HAVE PASSED THE NATIONAL BOARD OR STATE BOARD ARTS EXAMINATION, THE NATIONAL BOARD SCIENCE EXAMINATION, AND THE MISSOURI LAW EXAMINATION. A STUDENT LICENSEE SHALL HAVE 5 YEARS TO COMPLETE THE REQUIREMENTS FOR FULL LICENSURE UNDER THIS AMENDMENT. IF A STUDENT FAILS TO COMPLETE THE REQUIREMENTS WITHIN SUCH PERIOD, THE STUDENT'S LICENSE APPLICATION SHALL BE CANCELLED AS DESCRIBED IN THE AMENDMENT. IF THE STUDENT COMPLETES THE REQUIREMENTS WITHIN 5 YEARS, THE STUDENT MAY APPLY FOR AN EMBALMER LICENSE. NO STUDENT LICENSEE OR EMBALMER SHALL BE REQUIRED TO SIGN A DEATH CERTIFICATE AS THE EMBALMER OF THE BODY FOR ANY BODY THAT THEY HAVE EMBALMED.

EVERY PERSON SEEKING TO BE AN APPRENTICE FUNERAL DIRECTOR SHALL OBTAIN A PROVISIONAL FUNERAL DIRECTOR LICENSE BY SUBMITTING AN APPLICATION, PAYING THE APPLICATION FEES, AND MEETING THE QUALIFICATIONS LISTED IN THE AMENDMENT, WHICH SHALL INCLUDE WORKING AS AN APPRENTICE FUNERAL DIRECTOR UNDER THE PERSONAL SUPERVISION OF A LICENSED FUNERAL DIRECTOR. AN APPLICANT SHALL HAVE 24 MONTHS TO COMPLETE THE REQUIREMENTS OR HIS OR HER APPLICATION SHALL BE CANCELLED.

EVERY PERSON SEEKING TO BE A FUNERAL DIRECTOR SHALL SUBMIT AN APPLICATION, PAY THE APPLICATION FEES, AND MEET THE QUALIFICATIONS LISTED IN THE AMENDMENT, INCLUDING THE SUCCESSFUL COMPLETION OF AN ACCREDITED PROGRAM, A COURSE OF STUDY IN FUNERAL DIRECTING, A QUALIFYING APPRENTICESHIP OF AT LEAST 12 MONTHS, AND PASSAGE OF THE NATIONAL BOARD OR STATE BOARD ARTS EXAMINATION AND THE MISSOURI LAW EXAMINATION.

EVERY PERSON SEEKING TO OBTAIN A FUNERAL DIRECTOR LIMITED LICENSE SHALL MEET THE QUALIFICATIONS AS SPECIFIED IN THE AMENDMENT AND SHALL NOT BE AUTHORIZED TO PRACTICE FUNERAL DIRECTING EXCEPT IN AN ESTABLISHMENT LICENSED ONLY FOR CREMATION AND HE OR SHE MAY PERFORM CREMATIONS AND RELATED DUTIES. A PERSON WITH A FUNERAL DIRECTOR LIMITED LICENSE MAY OBTAIN A FULL FUNERAL DIRECTOR'S LICENSE BY MEETING THE REQUIREMENTS SPECIFIED IN THE AMENDMENT.

BEGINNING NOVEMBER 1, 2021, EACH LICENSED FUNERAL ESTABLISHMENT SHALL BE A LICENSED PROVIDER FOR PRENEED FUNERAL CONTRACTS UNLESS A LICENSEE PROVIDES WRITTEN NOTIFICATION TO THE BOARD THAT THE LICENSEE DOES NOT WANT TO BE A PROVIDER. NO SEPARATE APPLICATION OR RENEWAL OF THE PRENEED PROVIDER LICENSE SHALL BE REQUIRED SO LONG AS THE FUNERAL ESTABLISHMENT LICENSE IS CURRENT AND ACTIVE AND RECORDS, AS SPECIFIED IN THE AMENDMENT, ARE MAINTAINED.

(SECTIONS 333.041, 333.042, 333.061, 333.081, AND 333.315)

THESE PROVISIONS ARE IDENTICAL TO SB 585 (2021) AND HB 1349 (2021) AND SUBSTANTIALLY SIMILAR TO HCS/HB 724 (2021).

SA 3 - THIS AMENDMENT 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 AMENDMENT AND SHALL NOT DO SO SEPARATELY.

(SECTIONS 338.010 and 338.730)

THIS AMENDMENT IS IDENTICAL TO SCS/SB 79 (2021) AND IS SIMILAR TO HB 2304 (2020).

SA 4, AS AMENDED - THIS AMENDMENT AUTHORIZES PHARMACISTS TO ADMINISTER VACCINES BY A WRITTEN PROTOCOL AUTHORIZE BY A PHYSICIAN FOR THE PREVENTION OF COVD-19 AS APPROVED OR AUTHORIZED BY THE FOOD AND DRUG ADMINISTRATION AND RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. THIS AMENDMENT PROHIBITS THE DELEGATION OF THE ADMINISTRATION OF VACCINES TO A PERSON WHO IS NOT A LICENSED PHARMACIST.

(SECTION 338.010)

THIS AMENDMENT CONTAINS AN EMERGENCY CLAUSE.

SA 5 - BEGINNING JANUARY 1, 2022, THIS AMENDMENT AUTHORIZES A TAXPAYER TO CLAIM A TAX CREDIT FOR SERVING AS A COMMUNITY-BASED FACULTY PRECEPTOR FOR A MEDICAL STUDENT CORE PRECEPTORSHIP OR A PHYSICIAN ASSISTANT STUDENT CORE PRECEPTORSHIP, AS SUCH TERMS ARE DEFINED IN THE AMENDMENT. THE TAX CREDIT SHALL BE EQUAL TO $1,000 FOR EACH PRECEPTORSHIP, BUT NOT TO EXCEED $3,000 IN ANY TAX YEAR. TAX CREDITS AUTHORIZED BY THE AMENDMENT SHALL NOT BE REFUNDABLE OR TRANSFERABLE, AND SHALL NOT BE CARRIED FORWARD OR BACKWARD TO ANY OTHER TAX YEAR. THE TOTAL AMOUNT OF TAX CREDITS AUTHORIZED IN A GIVEN YEAR SHALL NOT EXCEED $200,000. ADDITIONAL TAX CREDITS MAY BE AUTHORIZED PROVIDED IN AMOUNT NOT TO EXCEED THE EXCESS FUNDS AVAILABLE IN THE MEDICAL PRECEPTOR FUND, AS CREATED BY THE AMENDMENT.

BEGINNING JANUARY 1, 2022, THE DIVISION OF PROFESSIONAL REGISTRATION OF THE MISSOURI DEPARTMENT OF COMMERCE AND INSURANCE SHALL INCREASE THE LICENSE FEES FOR PHYSICIANS AND SURGEONS BY $7 AND FOR PHYSICIAN ASSISTANTS BY $3, WITH SUCH REVENUES TO BE DEPOSITED IN THE MEDICAL PRECEPTOR FUND. AT THE END OF EACH TAX YEAR, AN AMOUNT EQUAL TO THE TOTAL DOLLAR AMOUNT OF TAX CREDITS CLAIMED DURING THE TAX YEAR SHALL BE TRANSFERRED TO THE GENERAL REVENUE FUND.

(SECTION 135.690)

THIS AMENDMENT IS IDENTICAL TO PROVISIONS IN SCS/HCS/HB 689 (2021).


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