To amend chapter 620, RSMo, by adding one new section relating to the powers of regulatory boards of the Missouri Department of Economic Development.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 620, RSMo, is amended by adding one new section, to be known as section 620.1400 to read as follows:

     620.1400. 1. Except as provided in this section, no disciplinary proceeding against any person licensed to practice a profession pursuant to chapters 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 345 and 346, RSMo, may be considered unless an action is commenced within five years after the commission of an alleged violation of the applicable statute or regulation.

     2. For the purpose of this section, an action is commenced when a complaint is filed with the administrative hearing commission, a court of this state or the federal government.

     3. Subsection 1 of this section shall not apply when a disciplinary proceeding is based on a complaint involving fraud or sexual misconduct. Such a complaint may be commenced within one year after the discovery of the violation by the complainant or the licensing board. The provisions of this subsection shall not extend the period of limitation otherwise applicable by more than three years; except that, obtaining a license by a material misrepresentation of fact or act of fraud shall be an ongoing offense.

     4. Any time limitation provided in this section shall be tolled:

     (1) During any time the accused licensee is outside the jurisdiction of the licensing board;

     (2) During any time in which the accused licensee has engaged in concealment of the alleged violation; provided that, the period begins to run when the concealment is discovered or reasonably should have been discovered; or

     (3) As to an individual complainant, during the time when such complainant is less than eighteen years of age.

     5. If a complaint is filed with the licensing agency within twelve months before the expiration of any limitation period provided for in this section, the licensing board shall have an additional twelve months after the expiration of the applicable time limitation to file a complaint with the administrative hearing commission as provided in chapter 621, RSMo.

     6. Any proceeding based on any criminal conviction shall be filed within two years of such conviction.

     7. If any time limitation provided for in this section expires during the time an action is pending against a licensee for malpractice, arising out of the same acts or transactions that are the basis for commencement of disciplinary proceedings, such disciplinary proceedings may be commenced within one year after the licensing board receives notice that such malpractice action has concluded, including all appeals.

     8. The licensing agency may, in its discretion, toll any time limitation when the accused licensee is in a treatment program for chemical dependency or mental impairment, so long as that program is approved by the licensing board.

     9. All cases currently referred to the attorney general or other legal counsel for filing shall be filed within two years of the effective date of this act.