SB 70
Modifies provisions relating to professional licensing
Sponsor:
LR Number:
0690H.05T
Last Action:
7/6/2023 - Signed by Governor
Journal Page:
S2816-2817
Title:
HCS SS SCS SB 70
Effective Date:
August 28, 2023
House Handler:

Current Bill Summary

HCS/SS/SCS/SB 70 - This act modifies provisions relating to professional licensing, including: (1) opioid overdoses; (2) health professional grants and loans; (3) advanced practice registered nurses; (4) prescription labeling requirements; (5) tattooing; (6) assistant physicians; (7) Interstate Medical Licensure Compact; (8) physical therapists; (9) professional counselors; (10) social workers; (11) fentanyl testing; and (12) advance health care directives.

OPIOID OVERDOSES (Sections 190.255 and 195.206)

Currently, qualified first responders may obtain and administer naloxone to a person suffering from an apparent narcotic or opiate-related overdose. This act allows first responders to obtain and administer any drug or device approved by the FDA to block the effects of an opioid overdose. Licensed drug distributors or pharmacies may sell such drugs or devices to first responders for this purpose.

Under current law, state or local law enforcement agency staff members are required to act under the directives and protocols of a medical director of a local licensed ground ambulance service in order to administer naloxone or similar drugs or devices to a person suffering from an apparent narcotic or opiate-related overdose. Under this act, state or local law enforcement agency staff members would not need to act under such directives and protocols to administer naloxone or similar drugs or devices.

This act modifies the definition of "opioid antagonist" in a statute relating to standing orders for opioid antagonists. Currently, opioid antagonists are defined as naloxone hydrochloride and this act adds any other drug or device approved by the FDA that blocks the effect of an opioid overdose.

These provisions are identical to provisions in the truly agreed to and finally passed HCS/SS/SB 24 (2023), and the truly agreed to and finally passed CCS/HCS/SB 186 (2023) and substantially similar to provisions in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), CCS/HCS/SS/SCS/SB 157 (2023), and SCS/HCS/HBs 117, 343, & 1091 (2023).

HEALTH PROFESSIONAL GRANTS AND LOANS (Sections 191.430-191.450, 191.500-191.550, 191.600, 191.828, 191.831, and 335.203-335.257)

The act repeals current law relating to student loans for certain health professional students and establishes the "Health Professional Loan Repayment Program". Under this program, the Department of Health and Senior Services shall provide forgivable loans in order to repay existing loans for eligible educational expenses for health professional students.

The Director of the Department shall have the discretion to select the health professionals who are eligible for the forgivable loans in accordance with the greatest need in the best interest of the public. Individuals receiving loans under this program shall agree to serve at least 2 years in an area of defined need as a condition of receipt of the funds, among other criteria that must be met as delineated in the act. An individual who fails to uphold the loan agreement shall be liable for the amount paid to the individual by the Department under this program. Furthermore, if an individual breaches a written contract executed pursuant to this provision by failing to begin or complete his or her service obligation, the state shall be entitled to recover from such person an amount equal to:

· The total amount of the loan awarded by the Department or, if the Department had already awarded partial forgiveness at the time of the breach, the amount of the loan not yet forgiven;

· The interest on the amount that would be payable if at the time the loan was awarded it was a loan bearing interest at the maximum prevailing rate as determined by the Treasurer of the United States;

· An amount equal to any damages incurred by the Department as a result of the breach; and

· Any legal fees or associated costs incurred by the Department or the state of Missouri in the collection of damages.

The act additionally creates the Health Professional Loan Incentive Fund for the purpose of allowing the Department to provide loans under this provision. The fund will consist of funds appropriated to it by the General Assembly.

These provisions are identical to provisions in the truly agreed to and finally passed SS/HB 402 (2023), the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), and HB 542 (2023) and substantially similar to SB 555 (2023).

The act modifies the Nursing Education Incentive Program. Under current law, grant awards made under the program are limited to $150,000. This act repeals that limit. Additionally, the State Board of Nursing is required to collect, at the time of any license application or license renewal application, a Nursing Education Incentive Program surcharge from each person licensed or relicensed as a nurse under Missouri law. Such surcharge shall be equal to $1 for practical nurses and $5 for registered professional nurses.

The act repeals the Nursing Student Loan Program and the Nursing Student Loan Repayment Program.

These provisions are identical to provisions in the truly agreed to and finally passed SS/HB 402 (2023), the truly agreed to and finally passed SS/SCS/HCS/HB 417 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023), HB 775 (2023), and SB 552 (2023).

ADVANCED PRACTICE REGISTERED NURSES (Sections 195.070, 334.104, 335.016, 335.019, 335.036, 335.046, 335.051, 335.056, 335.076, 335.086, and 335.175)

This act modifies licensing and collaborative practice arrangements for advanced practice registered nurses (APRNs). Under this act, an APRN may prescribe Schedule II controlled substances for hospice patients, as described in the act. Additionally, collaborative practice arrangements between the APRN and the collaborating physician may waive geographic proximity requirements, as described in the act, including when the arrangement outlines the use of telehealth and when the APRN is providing services in a correctional center. Collaborating physicians or designated physicians shall be present with the APRN for sufficient periods of time, at least once every two weeks, to participate in chart reviews and supervision.

Currently, an APRN shall practice with the collaborating physician continuously present for a one-month period when entering into an arrangement with the physician. This act waives that requirement when a primary care or behavioral health physician enters into an arrangement with a primary care or behavioral health APRN, the physician is new to the patient population, and the APRN is familiar with the patient population.

Currently, a nurse may be licensed to practice professional or practical nursing. This act adds a license to practice advanced practice nursing and modifies the definitions of APRN and the practice of professional nursing. Additionally, this act specifies the requirements for the advanced practice nursing license, including the requirement that an applicant first hold a current registered professional nurse license, and have completed certain graduate-level programs and certifications, or hold a document of recognition to practice as an APRN that is current as of August 28, 2023. License renewals for APRN licenses and registered professional nurse licenses shall occur at the same time and failure to renew and maintain the registered professional nurse license or failure to provide evidence of an active required certification shall result in the expiration of the APRN license. This act further modifies the names of the specific certifying organizations for nursing specialties.

Under this act, the State Board of Registration for the Healing Arts shall make information publicly available about which physicians and other health care providers have entered into collaborative practice arrangements.

These provisions are identical to provisions of the truly agreed to and finally passed SS/HB 402 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023), and the truly agreed to and finally passed SS/HCS/HBs 115 & 99 (2023), substantially similar to SCS/SB 79 (2023) and HCS/HB 271 (2023), and similar to provisions in HB 1578 (2022) and HB 693 (2019).

PRESCRIPTION LABELING REQUIREMENTS (Sections 195.100 and 334.735)

Currently, the name of the collaborating physician for an advanced practice registered nurse or physician assistant shall be included on any label of a controlled substance sold or dispensed by a pharmacist. This act repeals this requirement and only the name of the prescribing health care provider is needed.

These provisions are identical to provisions in the truly agreed to and finally passed SS/HB 402 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023), SB 551 (2023), and the perfected HB 1102 (2023).

TATTOOING (Section 324.520)

This act modifies the laws regulating tattooing in Missouri by modifying the definition of tattooing to include the insertion of ink with the aid of needles or blades using hand-held or machine-powered instruments, as well as including marks made for cosmetic, scar coverage, or other corrective purposes on the face or body of another by the insertion of a pigment, ink, or both under the skin with the aid of needles.

This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023) and HCS/HBs 45 & 1066 (2023) and similar to SB 605 (2023).

ASSISTANT PHYSICIANS (Section 334.036)

Currently, a requirement for licensure as an assistant physician is that the applicant must be a graduate of any medical school. This act provides that the applicant must be a graduate of a medical school accredited by certain organizations listed in the act. This act repeals a provision of law that authorizes an assistant physician collaborative practice arrangement in any pilot project areas established in which assistant physicians may practice.

This provision is identical to a provision in the truly agreed to and finally passed SS/HB 402 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023), and the truly agreed to and finally passed SS/HCS/HBs 115 & 99 (2023) and substantially similar to SS#2/SCS/SB 938 (2022).

INTERSTATE MEDICAL LICENSURE COMPACT (Sections 334.043 and 334.1600-334.1720)

This act modifies provisions relating to physician licensure reciprocity. Under this act, those applicants for licensure who are licensed in another state, territory, or branch or unit of the military for at least one year may submit to the Board of Registration for the Healing Arts an application and proof of current licensure. The Board shall, within 6 months of receipt of the application, waive any examination, educational, or experience requirements for licensure in this state as described in the act, but may require the applicant to take and pass an examination specific to the laws of Missouri. In the case of an applicant who is a nonresident or resident military spouse, the Board shall waive any examination, educational, or experience requirements for licensure within 30 days of receipt of the application.

Additionally, this act adopts the "Interstate Medical Licensure Compact". The purpose of the compact is to strengthen access to health care and streamline the licensure process. The compact sets forth the requirements to be met in order for a state to join the compact. Each member state shall require an applicant for a physician license to obtain or retain a license in the state of principal residence and meet that state's qualifications for licensure or renewal of licensure as well as all other applicable laws. Physicians seeking to practice in member states shall obtain an expedited license with the board of the principal state and register to receive a license with a member state. This license shall authorize the physician to practice medicine in the issuing state. An expedited license shall be terminated if the physician fails to maintain a license in the state of principal licensure.

The compact creates a joint public agency known as the Interstate Medical Licensure Compact Commission. The Commission has powers and duties listed in the compact and shall enforce the provisions and rules of the compact. The compact shall come into effect on the date on which the compact is enacted into law in the seventh member state. Any member state may withdraw from the compact by enacting a statute repealing the same. The compact shall be binding upon member states and shall supersede any conflict with state law.

These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023), HB 285 (2023), HB 348 (2023), and HB 407 (2023) and substantially similar to SB 393 (2023).

PHYSICAL THERAPISTS (Sections 334.100, 334.506, and 334.613)

This act modifies provisions relating to the practice of physical therapy. Under this act, physical therapists with a doctorate of physical therapy or 5 years of clinical experience may evaluate and initiate treatment on a patient without a prescription or referral from an approved health care provider. Physical therapists may provide certain educational information, fitness or wellness programs, screenings, and consultations without a prescription or referral regardless of whether a patient is symptomatic.

This act repeals provisions limiting the ability of a physical therapist to examine and treat certain conditions or injuries without a prescription or referral. Under this act, physical therapists shall refer to an approved health care provider patients with certain conditions, including those with conditions beyond the scope of practice of physical therapy, as well as any patient who does not demonstrate measurable or functional improvement within ten visits or 30 days, whichever occurs first.

A physical therapist shall consult with an approved health care provider after ten visits or 30 days, whichever occurs first, before continuing physical therapy if a patient's condition has improved and the physical therapist believes that continued physical therapy is reasonable and necessary. The physical therapist shall provide the provider certain information specified in the act during such consultation and continued physical therapy shall proceed in accordance with input from the provider. The physical therapist shall notify the provider of continuing physical therapy every 10 visits or 30 days unless the provider directs otherwise. This provision shall not apply to physical therapy services performed within a primary or secondary school for individuals under 21.

This act allows the Board of Registration for the Healing Arts to file a complaint against a physical therapist for evaluating or treating a patient in a manner inconsistent with provisions of the act and existing law governing the scope of practice for physical therapists, rather than allowing the Board to file a complaint for practicing or offering to practice independent of a prescription and the direction of certain health care providers listed in current law.

These provisions are identical to provisions in the truly agreed to and finally passed SS/HCS/HBs 115 & 99 (2023), the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023), and the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023), substantially similar to provisions in the truly agreed to and finally passed SS/SB 51 (2023), and similar to provisions in HB 144 (2023), SB 205 (2023), HB 1555 (2022), and HCS/SB 330 (2021).

PROFESSIONAL COUNSELORS (Sections 337.510 and 337.550)

This act modifies provisions relating to license reciprocity for professional counselors. Currently, those applicants who are licensed in another state or territory may receive a license in this state if they are approved or in good standing with certain professional organizations. This act repeals this provision and implements a provision permitting any person who, for at least one year, has held a valid, current license issued by another state, a branch or unit of the military, a U.S. territory, or the District of Columbia, to apply for an equivalent Missouri license through the Board, subject to procedures and limitations as provided in the act.

This act adopts the "Counseling Interstate Compact". The purpose of the compact is to facilitate the interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The compact sets forth the requirements to be met in order for a state to join the compact. Each member state shall require an applicant for a professional counselor license to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure as well as all other applicable state laws.

The compact creates a joint public agency known as the Counseling Compact Commission. The Commission has powers and duties as listed in the compact and shall enforce the provisions and rules of the compact. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licenses, adverse actions, and investigative information on all licensed individuals in member states.

The compact shall come into effect on the date on which the compact is enacted into law in the tenth member state. Any member state may withdraw from the compact by enacting a statute repealing the same. The compact shall be binding upon member states and shall supersede any conflict with state law.

These provisions are identical to provisions in the truly agreed to and finally passed SS/HCS/HBs 115 & 99 (2023) and substantially similar to provisions in the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023) and HB 2749 (2022).

SOCIAL WORKERS (Sections 337.615, 337.644, 337.665, 337.1000-337.1075)

This act modifies provisions relating to license reciprocity for clinical social workers, master social workers, and baccalaureate social workers. Currently, those applicants who are licensed in another state or territory may receive a license in this state if they are approved or in good standing with certain professional organizations. This act repeals this provision and implements a provision permitting any person who, for at least one year, has held a valid, current license issued by another state, a branch or unit of the military, a U.S. territory, or the District of Columbia, to apply for an equivalent Missouri license through the State Committee for Social Workers, subject to procedures and limitations as provided in the act.

This act adopts the "Social Work Licensure Compact". The purpose of the compact is to facilitate the interstate practice of licensed regulated social workers with the goal of improving public access to competent social work services. The compact sets forth the requirements to be met in order for a state to join the compact. Each member state shall require an applicant for a social work license to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure as well as all other applicable state laws.

The compact creates a joint public agency known as the Social Work Licensure Compact Commission. The Commission has powers and duties as listed in the compact and shall enforce the provisions and rules of the compact. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licenses, adverse actions, and investigative information on all licensed individuals in member states.

The compact shall come into effect on the date on which the compact is enacted into law in the seventh member state. Any member state may withdraw from the compact by enacting a statute repealing the same. The compact shall be binding upon member states and shall supersede any conflict with state law.

These provisions are substantially similar to provisions in the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023) and SB 670 (2023).

FENTANYL TESTING (Section 579.088)

Under this act, it shall not be unlawful to manufacture, possess, sell, deliver, or use any device, equipment, or other material for the purpose of analyzing controlled substances for the presence of fentanyl.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, 36, & 37 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), the truly agreed to and finally passed HCS/SS/SB 24 (2023), the truly agreed to and finally passed SS/HB 402 (2023), SB 480 (2023), HB 927 (2023), HB 250 (2023), and SCS/HCS/SBs 117, 343, & 1091 (2023).

ADVANCE HEALTH CARE DIRECTIVES (Section 1 and 192.530)

The act repeals a provision in the truly agreed to and finally passed SS/HB 402 (2023) relating to voluntary nonopioid directive forms and replaces with a new provision relating to advance health care directives. Specifically, the Department of Health and Senior Services is required to include on its website an advance health care directive form and directions for completing such form.

This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023) and the truly agreed to and finally passed HCS/SS/SB 24 (2023).

SARAH HASKINS