Missouri Senate

Senate Amendment

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

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.

THIS AMENDMENT IS IDENTICAL TO SB 435 (2021).

SA 2 - 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 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 AMENDMENT.

THIS AMENDMENT IS IDENTICAL TO SB 473 (2021).

SA 3 - 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 AMENDMENT INCLUDES COMPLAINTS MADE BY INDIVIDUALS WHO HAVE BEEN ORDERED TO BE EVALUATED IN A CRIMINAL PROCEEDING INVOLVING MENTAL ILLNESS.

UNDER THIS AMENDMENT, 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.

THIS AMENDMENT IS IDENTICAL TO SB 9 (2021), SB 556 (2020) AND SB 451 (2019) AND IS SUBSTANTIALLY SIMILAR TO HB 441 (2019) AND HB 2709 (2018).

SA 4 - 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 AMENDMENT REQUIRES LICENSING AUTHORITIES TO NOTIFY THE PETITIONER IN WRITING OF THE GROUNDS AND REASONS IF THE AUTHORITY DETERMINES THAT THE PETITIONER IS DISQUALIFIED. THIS AMENDMENT ALSO REMOVES AN EXEMPTION FOR CERTAIN LICENSING AUTHORITIES LISTED IN CURRENT LAW FROM THE PETITION REQUIREMENTS.

THIS AMENDMENT 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.

THIS AMENDMENT IS IDENTICAL TO SCS/SB 308 (2021).

SA 5 - THIS AMENDMENT MODIFIES THE TITLE OF THE ACT TO "RELATING TO PROFESSIONAL REGISTRATION."

THIS AMENDMENT MODIFIES PROVISIONS RELATING TO PESTICIDE CERTIFICATION AND TRAINING.

THE AMENDMENT CREATES AND MODIFIES SEVERAL DEFINITIONS RELATED TO PESTICIDES.

THE AMENDMENT 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.

THE DIRECTOR MAY, BY REGULATION, CLASSIFY LICENSES, INCLUDING A LICENSE FOR NONCERTIFIED RESTRICTED USE PESTICIDE APPLICATORS.

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.

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 AMENDMENT.

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 AMENDMENT.

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.

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.

THE AMENDMENT 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 AMENDMENT AND ONCE LICENSED, A RESTRICTED USE PESTICIDE APPLICATOR SHALL USE PESTICIDES AS SET FORTH IN THE AMENDMENT, 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.

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 AMENDMENT.

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 AMENDMENT 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.

THE AMENDMENT 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.

THE AMENDMENT SHALL BECOME EFFECTIVE ON JANUARY 1, 2024.

THIS AMENDMENT IS IDENTICAL TO SCS/SB 491 (2021) AND IS SUBSTANTIALLY SIMILAR TO HCS/HB 1125 (2021) AND SIMILAR TO SB 1082 (2020) AND HB 2532 (2020).

SA 6 - THIS AMENDMENT ALLOWS A PHARMACIST TO DISPENSE MEDICATION FOR HIV POSTEXPOSURE PROPHYLAXIS SUBJECT TO A WRITTEN PROTOCOL AUTHORIZED BY A PHYSICIAN LICENSED UNDER CHAPTER 334.

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.

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

SA 8 - THIS AMENDMENT ADOPTS THE INTERSTATE MEDICAL LICENSURE COMPACT.

THE COMPACT ALLOWS A PHYSICIAN WHO MEETS CERTAIN ELIGIBILITY REQUIREMENTS TO RECEIVE AN EXPEDITED LICENSE TO PRACTICE IN ALL STATES THAT ARE MEMBERS OF THE COMPACT.

THE COMPACT REQUIRES PHYSICIANS TO DESIGNATE A MEMBER STATE AS THE STATE OF PRINCIPAL LICENSE BASED ON CRITERIA DESCRIBED IN THE COMPACT.

THE COMPACT INCLUDES APPLICATION PROCEDURES FOR THE EXPEDITED LICENSE. UNDER THESE PROCEDURES, THE MISSOURI BOARD FOR REGISTRATION OF THE HEALING ARTS AND SIMILAR BOARDS IN OTHER STATES SHALL VERIFY OR DENY EACH APPLICANT'S ELIGIBILITY TO THE INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION ESTABLISHED UNDER THE COMPACT. SUCH MEMBER BOARDS SHALL CONDUCT CRIMINAL BACKGROUND CHECKS AS PART OF VERIFYING ELIGIBILITY. EACH STATE SHALL HAVE AUTHORITY OVER APPEALS OF THEIR RESPECTIVE ELIGIBILITY DETERMINATIONS, AND AN EXPEDITED LICENSE SHALL BE VALID UNDER THE TERMS AND FOR SUCH A PERIOD AS A NORMAL LICENSE IN THE STATE.

A PHYSICIAN MAY RENEW HIS OR HER EXPEDITED LICENSE THROUGH PROCEDURES DESCRIBED IN THE COMPACT.

THE COMPACT ESTABLISHES A CONFIDENTIAL DATABASE OF ALL PHYSICIANS WHO HAVE BEEN GRANTED AN EXPEDITED LICENSE OR WHO HAVE APPLIED FOR AN EXPEDITED LICENSE, FOR THE PURPOSE OF ALLOWING MEMBER STATES TO REPORT DISCIPLINARY OR INVESTIGATORY INFORMATION.

MEMBER STATES MAY PARTICIPATE IN JOINT INVESTIGATIONS OF PHYSICIANS WITH OTHER MEMBER STATES, AND ANY DISCIPLINARY ACTION TAKEN BY ONE MEMBER STATE MAY SUBJECT THE PHYSICIAN TO DISCIPLINE WITH OTHER MEMBER STATES. IF A PHYSICIAN'S LICENSE IS REVOKED, SURRENDERED, OR RELINQUISHED IN ONE STATE, IT SHALL AUTOMATICALLY BE PLACED ON THE SAME STATUS IN THE OTHER MEMBER STATES.

THE COMPACT ESTABLISHES THE "INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION" TO ACT AS A CORPORATE AND JOINT AGENCY OF THE MEMBER STATES AND TO OVERSEE AND MAINTAIN ADMINISTRATION OF THE COMPACT. THE COMPACT DESCRIBES THE ORGANIZATION, POWERS, AND DUTIES OF THE INTERSTATE COMMISSION, INCLUDING THE POWER TO COLLECT ANNUAL ASSESSMENTS FROM MEMBER STATES.

THE COMPACT OUTLINES PROCEDURES FOR ENFORCEMENT OF THE COMPACT, FOR ADDRESSING DEFAULT BY A MEMBER STATE, AND FOR RESOLVING DISPUTES BETWEEN MEMBER STATES.

THE COMPACT WILL ONLY BE EFFECTIVE ONCE SEVEN STATES HAVE ADOPTED THE COMPACT.

THE COMPACT OUTLINES THE PROCEDURE TO WITHDRAW FROM THE COMPACT. SHOULD THE WITHDRAWAL OR DEFAULT OF MEMBER STATES REDUCE THE MEMBERSHIP OF THE COMPACT TO ONE, THE COMPACT SHALL DISSOLVE.

THE COMPACT SUPERCEDES ALL OTHER LAWS THAT CONFLICT WITH PROVISIONS OF THE COMPACT.

THIS AMENDMENT IS IDENTICAL TO SB 330 (2021) AND IS SUBSTANTIALLY SIMILAR TO HB 2256 (2020).