Journal of the Senate

SECOND REGULAR SESSION


SIXTY-NINTH DAY--MONDAY, MAY 11, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, the Psalmist said, "My strength is from the Lord." We pray for strength to overcome our weaknesses, our prejudices, our temptations and our selfishness. Give us strength to remain calm, to be loving and to do our best work. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

Senator Johnson assumed the Chair.

A quorum being established, the Senate proceeded with its business.

The Journal of the previous day was read and approved.

Senator Quick announced that photographers from KRCG-TV, the Associated Press and the Senate had been given permission to take pictures in the Senate Chamber today.

The following Senators were present during the day's proceedings:

Present--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--34
Absent with leave--Senators--None
The Lieutenant Governor was present.


RESOLUTIONS

Senator Lybyer offered Senate Resolution No. 1884, regarding Evelyn Clough, Linn, which was adopted.

Senator DePasco offered Senate Resolution No. 1885, regarding Phi Tau Omega Sorority, which was adopted.

HOUSE BILLS ON THIRD READING

Senator Goode moved that HB 1928 be called from the Consent Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

Senator Goode requested unanimous consent of the Senate to suspend the rules for the purpose of offering an amendment, which request was granted.

Senator Goode offered SA 1, which was read:

SENATE AMENDMENT NO. 1

Amend House Bill No. 1928, Page 1, Section 701.031, Line 8, by striking the word "six" and inserting in lieu thereof the following: "three".

Senator Goode moved that the above amendment be adopted, which motion prevailed.

On motion of Senator Goode, HB 1928, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco Ehlmann Flotron Goode
Graves House Jacob Johnson
Kenney Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators
Howard Kinder--2
Absent--Senators
Clay Curls--2
Absent with leave--Senators--None

The President declared the bill passed.

On motion of Senator Goode, title to the bill was agreed to.

Senator Goode moved that the vote by which the bill passed be reconsidered.

Senator Caskey moved that motion lay on the table, which motion prevailed.

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Caskey moved that the vote by which the conference committee report on HCS for SB 883, as amended, was defeated be reconsidered, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco Ehlmann Flotron Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Curls Goode McKenna--4
Absent with leave--Senators--None

Senator Staples moved that the conference committee report on HCS for SB 883, as amended, be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco Ehlmann Flotron Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Curls Goode McKenna--4
Absent with leave--Senators--None

On motion of Senator Staples, CCS for HCS for SB 883, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 883

An Act to repeal sections 43.030, 226.040 and 226.140, RSMo 1994, and sections 71.288 and 226.005, RSMo Supp. 1997, relating to transportation, and to enact in lieu thereof seven new sections relating to the same subject.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco Ehlmann Flotron Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell McKenna Mueller
Quick Rohrbach Russell Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Curls Goode Schneider--4
Absent with leave--Senators--None

The President declared the bill passed.

On motion of Senator Staples, title to the bill was agreed to.

Senator Staples moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

Senator DePasco moved that SB 761, with HCS, be taken up for 3rd reading and final passage, which motion prevailed.

HCS for SB 761, entitled:

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 761An Act to repeal sections 169.322 and 169.350, RSMo 1994, and sections 169.270, 169.291, 169.324, 169.326, 169.328 and 169.597, RSMo Supp. 1997, relating to certain school retirement systems, and to enact in lieu thereof eight new sections relating to the same subject.

Was taken up.

Senator DePasco moved that HCS for SB 761 be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco Ehlmann Flotron Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Curls Goode McKenna--4
Absent with leave--Senators--None

On motion of Senator DePasco, HCS for SB 761 was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
DePasco Ehlmann Flotron Graves
House Howard Jacob Johnson
Kenney Kinder Klarich Lybyer
Mathewson Maxwell Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--30
NAYS--Senators--None
Absent--Senators
Clay Curls Goode McKenna--4
Absent with leave--Senators--None

The President declared the bill passed.

On motion of Senator DePasco, title to the bill was agreed to.

Senator DePasco moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

Bill ordered enrolled.

HOUSE BILLS ON THIRD READING

Senator Maxwell moved that HB 893, with SCS, SS for SCS and SA 7 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

SA 7 was again taken up.

At the request of Senator Banks, the above amendment was withdrawn.

Senator Schneider offered SA 8:

SENATE AMENDMENT NO. 8

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 1, Section A, Line 5 of said page, by inserting immediately after all of said line the following:

"105.450. As used in sections 105.450 to 105.496 and sections 105.955 to 105.963, unless the context clearly requires otherwise, the following terms mean:

(1) "Adversary proceeding", any proceeding in which a record of the proceedings may be kept and maintained as a public record at the request of either party by a court reporter, notary public or other person authorized to keep such record by law or by any rule or regulation of the agency conducting the hearing; or from which an appeal may be taken directly or indirectly, or any proceeding from the decision of which any party must be granted, on request, a hearing de novo; or any arbitration proceeding; or a proceeding of a personnel review board of a political subdivision; or an investigative proceeding initiated by an official, department, division, or agency which pertains to matters which, depending on the conclusion of the investigation, could lead to a judicial or administrative proceeding being initiated against the party by the official, department, division or agency;

(2) "Business entity", a corporation, association, firm, partnership, proprietorship, or business entity of any kind or character;

(3) "Business with which a person is associated":

(a) Any sole proprietorship owned by himself or herself, the person's spouse or any dependent child in the person's custody;

(b) Any partnership or joint venture in which the person or the person's spouse is a partner, other than as a limited partner of a limited partnership, and any corporation or limited partnership in which the person is an officer or director or of which either the person or the person's spouse or dependent child in the person's custody whether singularly or collectively owns in excess of ten percent of the outstanding shares of any class of stock or partnership units; or

(c) Any trust in which the person is a trustee or settlor or in which the person or the person's spouse or dependent child whether singularly or collectively is a beneficiary or holder of a reversionary interest of ten percent or more of the corpus of the trust;

(4) "Commission", the Missouri ethics commission established in section 105.955;

(5) "Confidential information", all information whether transmitted orally or in writing which is of such a nature that it is not, at that time, a matter of public record or public knowledge;

(6) "Decision-making public servant", an official, appointee or employee of the offices or entities delineated in paragraphs (a) through [(h)] (i) of this subdivision who exercises supervisory authority over the negotiation of contracts, or has the legal authority to adopt or vote on the adoption of rules and regulations with the force of law or exercises primary supervisory responsibility over purchasing decisions. The following officials or entities shall be responsible for designating a decision-making public servant and shall themselves be decision-making public servants:

(a) The governing body of the political subdivision with a general operating budget in excess of one million dollars;

(b) A department, division or agency director;

(c) A judge vested with judicial power by article V of the Constitution of the state of Missouri;

(d) Any commission empowered by interstate compact;

(e) A statewide elected official;

(f) The speaker of the house of representatives;

(g) The president pro tem of the senate;

(h) The board of regents or board of curators, president or chancellor of a state institution of higher education;

(i) A state commission or board;

(7) "Dependent child" or "dependent child in the person's custody", all children, stepchildren, foster children and wards under the age of eighteen residing in the person's household and who receive in excess of fifty percent of their support from the person;

(8) "Political subdivision" shall include any political subdivision of the state, and any special district or subdistrict;

(9) "Public document", a state tax return or a document or other record maintained for public inspection without limitation on the right of access to it and a document filed in a juvenile court proceeding;

(10) "Substantial interest", ownership by the individual, the individual's spouse, or the individual's dependent children, whether singularly or collectively, directly or indirectly, of ten percent or more of any business entity, or of an interest having a value of ten thousand dollars or more, or the receipt by an individual, the individual's spouse or the individual's dependent children, whether singularly or collectively, of a salary, gratuity, or other compensation or remuneration of five thousand dollars, or more, per year from any individual, partnership, organization, or association within any calendar year;

(11) "Substantial personal or private interest in any measure, bill, order or ordinance", any interest in a measure, bill, order or ordinance which results from a substantial interest in a business entity."; and

Further amend the title and enacting clause accordingly.

Senator Schneider moved that the above amendment be adopted, which motion prevailed.

Senator Schneider offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 15, Section 130.021, Line 21 of said page, by inserting immediately after all of said line the following:

"[130.037. Any candidate may file a supplemental report containing information required pursuant to section 130.041, for the purposes of this section. Candidates whose supplemental report filed within thirty days of August 28, 1997, or whose report filed pursuant to subdivision (2) of subsection 1 of section 130.046 reflects outstanding obligations in excess of moneys on hand, may convert their campaign committee to a debt service committee as provided in this section. If a debt service committee is formed, the committee may accept contributions from any person as long as the aggregate contribution from such person does not exceed the limits set, pursuant to section 130.032, for the aggregating period, pursuant to subdivision (1) of subsection 2 of section 130.041, in which the debt was incurred. A person who contributes to a debt service committee of a candidate may also contribute to the candidate's campaign committee for a succeeding election up to the amounts specified in section 130.032. The treasurer and the candidate shall terminate the debt service committee pursuant to section 130.021 when the contributions received exceed the amount of the debt, and within thirty days the committee shall file disclosure reports pursuant to section 130.041 and shall return any excess moneys received to the contributor or contributors, if known, otherwise such moneys shall escheat to the state. No debt service committee shall be in existence more than eighteen months.] Only for the purposes of satisfying debt accrued in an election, contributions accepted within twelve months after a general election by a candidate for such office shall be attributed to that election for purposes of this chapter."; and

Further amend the title and enacting clause accordingly.

Senator Schneider moved that the above amendment be adopted.

Senator Mathewson assumed the Chair.

Senator Flotron offered SA 1 to SA 9, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 9

Amend Senate Amendment No. 9 to Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 2, Section 130.037, Lines 7-12, by deleting said line and inserting in lieu thereof the following: "shall escheat to the state."; and

Senator Flotron moved that the above amendment be adopted.

At the request of Senator Flotron, SA 1 to SA 9 was withdrawn.

At the request of Senator Schneider, SA 9 was withdrawn.

Senator Maxwell offered SA 10:

SENATE AMENDMENT NO. 10

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 31, Section 130.059, Line 9 of said page, by inserting immediately after said line the following:

"Section 1. A respondent party who prevails in a formal, administrative action brought by the ethics commission shall be awarded those reasonable fees and expenses incurred by that party in the formal administrative action, unless a court finds that the position of the commission was substantially justified or that special circumstances make such an award unjust."; and

Further amend the title and enacting clause accordingly.

Senator Maxwell moved that the above amendment be adopted, which motion prevailed.

Senator Schneider offered SA 11:

SENATE AMENDMENT NO. 11

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 28, Section 130.057, Line 24 of said page, by inserting immediately after the word "commission" the following: ", and such computer program shall be adaptable to and be able to run on DOS, Windows, Macintosh based personal computers and run on any other common personal computer operating environment which may become available in the future.".

Senator Schneider moved that the above amendment be adopted, which motion prevailed.

Senator Schneider offered SA 12, which was read:

SENATE AMENDMENT NO. 12

Amend Senate Substitute for Senate Committee Substitute for House Bill No. 893, Page 28, Section 130.057.3., Lines 6 to 21, by striking all the brackets and bold face type appearing therein.

Senator Schneider moved that the above amendment be adopted.

President Wilson assumed the Chair.

Senator Mathewson assumed the Chair.

At the request of Senator Maxwell, HB 893, with SCS, SS for SCS and SA 12 (pending), was placed on the Informal Calendar.

Senator Quick requested unanimous consent of the Senate to suspend the rules for the purpose of Introductions of Guests, which request was granted.

INTRODUCTIONS OF GUESTS

The President introduced to the Senate, Mr. Sergei Alekseyevich Vakhrukov, Mr. Sergei Yevgenevich Korepanov, Mr. Anatoliy Yakovlevich Zelikov, Mr. Ivan Zigmundovich Zelent, Mr. Ivan Vasilevich Chetin, Mr. Zaurbi Akhmedovich Nakhushev, Ms. Yelena Vasilevna Volkova and Ms. Raisa Stepanovna Boldyreva, members of a USIA Project for the Federation Council, Russian Federation.

HOUSE BILLS ON THIRD READING

Senator Maxwell moved that HCS for HB 1197, with SCS, SA 4 and SSA 1 for SA 4 (pending), be called from the Informal Calendar and again taken up for 3rd reading and final passage, which motion prevailed.

At the request of Senator Schneider, SSA 1 for SA 4 was withdrawn.

At the request of Senator Ehlmann, SA 4 was withdrawn.

At the request of Senator Maxwell, HCS for HB 1197, with SCS, as amended, (pending), was placed on the Informal Calendar.

REPORTS OF STANDING COMMITTEES

Senator Goode, Chairman of the Committee on Commerce and Environment, submitted the following reports:

Mr. President: Your Committee on Commerce and Environment, to which was referred HB 1489, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

Also,

Mr. President: Your Committee on Commerce and Environment, to which was referred HCS for HB 1038, begs leave to report that it has considered the same and recommends that the Senate Committee Substitute, hereto attached, do pass.

RESOLUTIONS

Senator Sims offered Senate Resolution No. 1886, regarding Jack L. Pierson, Richmond Heights, which was adopted.

Senator Kenney offered Senate Resolution No. 1887, regarding Jeffery L. "Jeff" Burnside, Independence, which was adopted.

Senator McKenna offered Senate Resolution No. 1888, regarding Aaron Micah Wynn, Crystal City, which was adopted.

On motion of Senator Quick, the Senate recessed until 2:00 p.m.

RECESS

The time of recess having expired, the Senate was called to order by President Pro Tem McKenna.

Senator Scott assumed the Chair.

CONFERENCE COMMITTEE REPORTS

Senator Staples, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HCS for HBs 1681 and 1342, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1681 & 1342

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for House Bills Nos. 1681 and 1342;

2. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1681 and 1342, as amended;

3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ Danny Staples /s/ Don Koller

/s/ Bill McKenna /s/ Gary Wiggins

/s/ Jim Mathewson /s/ Sam Leake

/s/ Walt Mueller /s/ Bill Foster

/s/ Franc Flotron /s/ Bonnie Sue Cooper

Senator Staples moved that the above conference committee report be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Curls--1
Absent with leave--Senators--None

On motion of Senator Staples, CCS for SCS for HCS for HBs 1681 and 1342, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILLS NOS. 1681 & 1342

An Act to repeal sections 43.030, 226.040 and 226.140, RSMo 1994, and sections 71.288 and 226.005, RSMo Supp. 1997, relating to transportation, and to enact in lieu thereof seven new sections relating to the same subject.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Staples
Westfall Wiggins--30
NAYS--Senators
Bentley Klarich Singleton Yeckel--4
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

On motion of Senator Staples, title to the bill was agreed to.

Senator Staples moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

Senator Banks, on behalf of the conference committee appointed to act with a like committee from the House on SCS for HB 1052, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1052

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House on Senate Committee Substitute for House Bill No. 1052, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Bill No. 1052;

2. That the Senate recede from its position on Senate Committee Substitute for House Bill No. 1052;

3. That the attached Conference Committee Substitute be adopted.

FOR THE SENATE: FOR THE HOUSE:

/s/ J.B. "Jet" Banks /s/ Louis Ford

/s/ Phil B. Curls, Sr. /s/ David L. Reynolds

/s/ Ken Jacob /s/ Mark L. Richardson

/s/ Marvin Singleton /s/ Phil Wannenmacher

/s/ Roseann Bentley /s/ Fletcher Daniels

Senator Banks moved that the above conference committee report be adopted, which motion prevailed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

On motion of Senator Banks, CCS for SCS for HB 1052, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 1052

An Act to repeal sections 32.105 and 32.111, RSMo Supp. 1997, and section 10 as enacted by senate bill no. 1 of the second extraordinary session of the eighty-ninth general assembly and approved by the governor, relating to the workfare renovation project, and to enact in lieu thereof six new sections relating to the same subject.

Was read the 3rd time and finally passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Clay Curls DePasco Ehlmann
Flotron Goode Graves House
Howard Jacob Johnson Kenney
Kinder Klarich Lybyer Mathewson
Maxwell McKenna Mueller Quick
Rohrbach Russell Schneider Scott
Sims Singleton Staples Westfall
Wiggins Yeckel--34
NAYS--Senators--None
Absent--Senators--None
Absent with leave--Senators--None

The President declared the bill passed.

On motion of Senator Banks, title to the bill was agreed to.

Senator Banks moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SS No. 2 for HJR 39 and has again taken up and passed SS No. 2 for HJR 39.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1907 and has again taken up and passed SCS for HB 1907.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has adopted SCS for HB 1859 and has again taken up and passed SCS for HB 1859.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCR 27.

HOUSE CONCURRENT RESOLUTION NO. 27

BE IT RESOLVED that the members of the Missouri House of Representatives of the Eighty-ninth General Assembly, Second Regular Session, the Senate concurring therein, that the Missouri Committee on Legislative Research shall prepare and cause to be collated, indexed, printed and bound all acts and resolutions of the Eighty-ninth General Assembly, Second Regular Session, and shall examine the printed copies and compare them with and correct the same by the original rolls, together with an attestation under the hand of the Revisor of Statutes that he has compared the same with the original rolls in his office and has corrected the same thereby; and

BE IT FURTHER RESOLVED that the size and quality of the paper and binding shall be substantially the same as used in prior session laws and the size and style of type shall be determined by the Revisor of Statutes; and

BE IT FURTHER RESOLVED that the Joint Committee on Legislative Research is authorized to print and bind copies of the acts and resolutions of the Eighty-ninth General Assembly, Second Regular Session, with appropriate indexing; and

BE IT FURTHER RESOLVED that the Revisor of Statutes is authorized to determine the number of copies to be printed.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 31.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 43.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 36.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted SCR 39.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on SB 945, as amended, and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House refuses to recede from its position on HS for HCS for SB 487, as amended, and grants the Senate a conference thereon.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted the Conference Committee Report on HCS for SB 883 and has taken up and passed CCS for HCS for SB 883.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee to act with a like committee from the House on SB 945, with HA 1: Senators Howard, Caskey, Lybyer, Childers and Sims.

CONFERENCE COMMITTEE REPORTS

Senator McKenna, on behalf of the conference committee appointed to act with a like committee from the House on HCS for SB 739, submitted the following conference committee report:

CONFERENCE COMMITTEE REPORT ON

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE BILL NO. 739

Mr. President: Your Conference Committee, appointed to confer with a like committee of the House, on House Committee Substitute for Senate Bill No. 739; begs leave to report that we, after free and fair discussion of the differences between the House and Senate, have agreed to recommend and do recommend to the respective bodies as follows:

1. That the House recede from its position on House Committee Substitute for Senate Bill No. 739;

2. That the Senate recede from its position on Senate Bill No. 739;

3. That Conference Committee Substitute for House Committee Substitute for Senate Bill No. 739 be truly agreed to and finally passed.

FOR THE SENATE: FOR THE HOUSE:

/s/ Bill McKenna /s/ Stephen Stoll

/s/ Danny Staples /s/ M. E. Johnson

/s/ Ken Jacob /s/ Christopher Liese

/s/ Roseann Bentley /s/ Mary Lou Sallee

/s/ Morris Westfall /s/ Don Summers

Senator McKenna moved that the above conference committee report be adopted, which motion prevailed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators--None

Senator Staples assumed the Chair.

On motion of Senator McKenna, CCS for HCS for SB 739, entitled:

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 739

An Act to repeal section 64.241, RSMo 1994, relating to regulation of subdivisions, and to enact in lieu thereof three new sections relating to the same subject.

Was read the 3rd time and passed by the following vote:

YEAS--Senators
Bentley Caskey Childers Clay
Curls DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Scott Sims
Singleton Staples Westfall Wiggins
Yeckel--33
NAYS--Senators--None
Absent--Senator Banks--1
Absent with leave--Senators--None

The President declared the bill passed.

On motion of Senator McKenna, title to the bill was agreed to.

Senator McKenna moved that the vote by which the bill passed be reconsidered.

Senator Quick moved that motion lay on the table, which motion prevailed.

Senator Quick announced that photographers from KOMU-TV had been given permission to take pictures in the Senate Chamber today.

REPORTS OF STANDING COMMITTEES

Senator Scott, Chairman of the Committee on State Budget Control, submitted the following report:

Mr. President: Your Committee on State Budget Control, to which were referred HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428, with SCS, begs leave to report that it has considered the same and recommends that the bill do pass.

PRIVILEGED MOTIONS

Senator Bentley moved that the Senate refuse to recede from its position on SCS for HB 1683, as amended, and grant the House a conference thereon, which motion prevailed.

Senator Bentley moved that the Senate refuse to recede from its position on SCS for HB 1272 and grant the House a conference thereon, which motion prevailed.

HOUSE BILLS ON THIRD READING

HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428, with SCS, entitled respectively:

An Act to repeal sections 337.010, 337.025 and 337.033, RSMo 1994, and sections 329.140, 337.020, 337.029 and 337.045, RSMo Supp. 1997, relating to the regulation of certain professions, and to enact in lieu thereof twenty-four new sections relating to the same subject, with penalty provisions.

An Act to repeal sections 334.738, 334.741 and 334.742, RSMo 1994, and sections 329.265, 334.735, 334.736, 334.740, 334.749, 339.710, 339.720, 339.730, 339.740, 339.770, 339.780, 339.800, 339.810, 339.820 and 339.830, RSMo Supp. 1997, relating to regulation and licensing of certain professionals, and to enact in lieu thereof twenty new sections relating to the same subject, with an effective date for certain sections.

Were taken up by Senator Scott.

SCS for HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428, entitled:

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1601, 1591, 1592, 1479 and 1615 AND

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILLS NOS. 1094, 1213, 1311 and 1428

An Act to repeal sections 334.738, 334.741, 334.742, 337.010, 337.025, 337.033, 339.503, 339.505, 339.509, 339.511, 339.513, 339.515, 339.517, 339.519, 339.523, 339.527, 339.529, 339.530, 339.532 and 339.545, RSMo 1994, and sections 329.140, 329.265, 330.010, 334.735, 334.736, 334.740, 334.749, 337.020, 337.029, 337.045, 339.507, 339.710, 339.720, 339.730, 339.740, 339.770, 339.780, 339.800, 339.810, 339.820 and 339.830, RSMo Supp. 1997, relating to the regulation of certain professions, and to enact in lieu thereof ninety-nine new sections relating to the same subject, with penalty provisions and an effective date for certain sections.

Was taken up.

Senator Scott moved that SCS for HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428 be adopted.

Senator Johnson offered SA 1:

SENATE AMENDMENT NO. 1

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 18, Section 330.010, Line 27, by inserting after all of said line the following:

"334.010. 1. It shall be unlawful for any person not now a registered physician within the meaning of the law to practice medicine or surgery in any of its departments, to engage in the practice of medicine across state lines or to profess to cure and attempt to treat the sick and others afflicted with bodily or mental infirmities, or engage in the practice of midwifery in this state, except as herein provided.

2. For the purposes of this chapter, the practice of medicine across state lines shall mean:

(1) The rendering of a written or otherwise documented medical opinion concerning the diagnosis or treatment of a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or physician's agent; or

(2) The rendering of treatment to a patient within this state by a physician located outside this state as a result of transmission of individual patient data by electronic or other means from within this state to such physician or physician's agent.

3. A physician located outside of this state shall not be required to obtain a license when:

(1) In consultation with a physician licensed to practice medicine in this state; and

(2) The physician licensed in this state retains ultimate authority and responsibility for the diagnosis or diagnoses and treatment in the care of the patient located within this state; or

(3) Evaluating a patient or rendering an oral, written or otherwise documented medical opinion, or when providing testimony or records for the purpose of any civil or criminal action before any judicial or administrative proceeding of this state or other forum in this state; or

(4) Participating in a utilization review pursuant to section 376.1350, RSMo."; and

Further amend the title and enacting clause accordingly.

Senator Johnson moved that the above amendment be adopted, which motion prevailed.

Senator McKenna offered SA 2:

SENATE AMENDMENT NO. 2

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 70, Section 339.855, Line 5, by inserting immediately after said line the following:

"345.010. [This chapter] Sections 345.010 to 345.080 may be cited as the "Licensure Act for Speech-Language Pathologists and [Clinical] Audiologists".

345.015. As used in [this chapter] sections 345.010 to 345.080, the following terms mean:

(1) ["Audiology", the application of principles, methods and procedures related to hearing and the disorders of hearing and to related language and speech disorders. "Disorders" include any and all conditions, whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communication including, but not limited to, disorders of auditory sensitivity, acuity, function or processing;] "Audiologist", a person who is licensed as an audiologist pursuant to sections 345.010 to 345.080 to practice audiology;

(2) "Audiology aide", a person who is registered as an audiology aide by the board, who does not act independently but works under the direction and supervision of a licensed audiologist. Such person assists the audiologist with activities which require an understanding of audiology but do not require formal training in the relevant academics. To be eligible for registration by the board, each applicant shall submit a registration fee, be of good moral and ethical character; and:

(a) Be at least eighteen years of age;

(b) Furnish evidence of the person's educational qualifications which shall be at a minimum:

a. Certification of graduation from an accredited high school or its equivalent; and

b. On the job training;

(c) Be employed in a setting in which direct and indirect supervision are provided on a regular and systematic basis by a licensed audiologist. However, the aide shall not administer or interpret hearing screening or diagnostic tests, fit or dispense hearing instruments, make ear impressions, make diagnostic statements, determine case selection, present written reports to anyone other than the supervisor without the signature of the supervisor, make referrals to other professionals or agencies, use a title other than speech-language pathology aide or clinical audiology aide, develop or modify treatment plans, discharge clients from treatment or terminate treatment, disclose clinical information, either orally or in writing, to anyone other than the supervising speech-language pathologist/ audiologist, or perform any procedure for which he or she is not qualified, has not been adequately trained or both;

[(2)] (3) "Board", the state board of registration for the healing arts;

(4) "Clinical fellowship", the supervised professional employment period following completion of the academic and practicum requirements of an accredited training program as defined in sections 345.010 to 345.080;

[(3)] (5) "Commission", the advisory commission for speech-language pathologists and [clinical] audiologists;

(6) "Hearing instrument" or "hearing aid", any wearable device or instrument designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, including ear molds, but excluding batteries, cords, receivers and repairs;

[(4)] (7) "Person", any individual, organization, or corporate body, except that only individuals may be licensed [under this chapter] pursuant to sections 345.010 to 345.080;

[(5) "Practice of audiology":

(a) Rendering or offering to render to individuals or groups of individuals who have, or are suspected of having, disorders of hearing, any service in audiology, including prevention, identification, evaluation, interpretation, consultation, habilitation, rehabilitation, instruction and research;

(b) Participating in hearing conservation, hearing aid and assistive listening device evaluation, prescription, preparation and orientation;

(c) Fabricating ear molds;

(d) Providing auditory training and speech reading;

(e) Conducting assessment, monitoring and consultation of evoked nerve potentials;

(f) Conducting tests of vestibular function;

(g) Evaluating tinnitus; and

(h) Planning, directing, conducting or supervising services.

The practice of audiology may include speech or language screening limited to a pass/fail determination, for the purpose of initial identification of individuals with other disorders of communication;

(6) "Practice of speech-language pathology":

(a) Rendering or offering to render to individuals or groups of individuals who have, or are suspected of having, disorders of communication, any service in speech-language pathology including prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction and research;

(b) Determining the need for personal augmentative communication systems, recommending such systems; and

(c) Planning, directing, conducting or supervising services.

The practice of speech-language pathology may include puretone air conduction hearing screening, screening tympanometry and acoustic reflex screening, limited to a pass/fail determination, for the purpose of performing a speech and language evaluation or for the initial identification of individuals with other disorders of communication. The practice of speech-language pathology may also include "aural rehabilitation" which is defined as services and procedures for facilitating adequate receptive and expressive communication in individuals with hearing impairment;

(7) "Clinical audiologist", any person who, for a fee, represents himself to the public by title or description of services, methods, or procedures as one who evaluates, examines, treats, or counsels persons suffering from disorders or conditions affecting the hearing or audition. A person is deemed to be an audiologist if he provides such services to the public under any title incorporating such terms as "audiology", "audiologist", "audiological", "hearing clinic", "hearing clinician", "hearing therapist", or any similar titles not otherwise permitted by law;

(8) "Speech-language pathologist", any person who, for a fee, represents himself to the public by title, description of services, methods, or procedures as one who evaluates, examines, treats, or counsels persons suffering from conditions or disorders affecting speech, voice and language. A person is deemed to be a speech-language pathologist, if the person offers such services under any title incorporating such words as "speech-language pathologist", "speech pathologist", "speech therapy", "speech correction", "speech correctionist", "speech therapist", "speech clinic", "speech clinician", "logopedist", "communicologist", "language therapist", "language clinician", "voice pathologist", "phoniatrist", or any similar titles;

(9) "Speech-language pathology", the application of principles, methods and procedures related to the development and disorders of human communication. "Disorders" include any and all conditions, whether of organic or nonorganic origin, that impede the normal process of human communication including, but not limited to, disorders and related disorders of speech articulation, fluency, voice, verbal and written language, auditory comprehension, cognition/communication, and oral, pharyngeal or laryngeal sensorimotor competencies;

(10) "Speech pathology aide" and "audiology aide", any person meeting the minimum requirements to be established by the state committee of examiners for speech-language pathology and audiology, who works directly under the supervision of a licensed speech-language pathologist or clinical audiologist, respectively.]

(8) "Practice of audiology":

(a) The application of accepted audiologic principles, methods and procedures for the measurement, testing, interpretation, appraisal and prediction related to disorders of the auditory system, balance system or related structures and systems;

(b) Provides consultation, counseling to the patient, client, student, their family or interested parties;

(c) Provides academic, social and medical referrals when appropriate;

(d) Provides for establishing goals, implementing strategies, methods and techniques, for habilitation, rehabilitation or aural rehabilitation, related to disorders of the auditory system, balance system or related structures and systems;

(e) Provides for involvement in related research, teaching or public education;

(f) Provides for rendering of services or participates in the planning, directing or conducting of programs which are designed to modify audition, communicative, balance or cognitive disorder, which may involve speech and language or education issues;

(g) Provides and interprets behavioral and neurophysiologic measurements of auditory balance, cognitive processing and related functions, including intraoperative monitoring;

(h) Provides involvement in any tasks, procedures, acts or practices that are necessary for evaluation of audition, hearing, training in the use of amplification or assistive listening devices;

(i) Provides selection and assessment of hearing instruments;

(j) Provides for taking impressions of the ear, making custom earmolds, ear plugs, swim molds and industrial noise protectors;

(k) Provides assessment of external ear and cerumen management;

(l) Provides advising, fitting, mapping assessment of implantable devices such as cochlear or auditory brain stem devices;

(m) Provides information in noise control and hearing conservation including education, equipment selection, equipment calibration, site evaluation and employee evaluation;

(n) Provides performing basic speech-language screening test;

(o) Provides involvement in social aspects of communication, including challenging behavior and ineffective social skills, lack of communication opportunities;

(p) Provides support and training of family members and other communication partners for the individual with auditory balance, cognitive and communication disorders;

(q) Provides aural rehabilitation and related services to individuals with hearing loss and their families;

(r) Evaluates, collaborates and manages audition problems in the assessment of the central auditory processing disorders and providing intervention for individuals with central auditory processing disorders;

(s) Develops and manages academic and clinical problems in communication sciences and disorders;

(t) Conducts, disseminates and applies research in communication sciences and disorders;

(9) "Practice of speech-language pathology":

(a) Provides screening, identification, assessment, diagnosis, treatment, intervention, including but not limited to, prevention, restoration, amelioration and compensation, and follow-up services for disorders of:

a. Speech: articulation, fluency, voice, including respiration, phonation and resonance;

b. Language, involving the parameters of phonology, morphology, syntax, semantics and pragmatic; and including disorders of receptive and expressive communication in oral, written, graphic and manual modalities;

c. Oral, pharyngeal, cervical esophageal and related functions, such as, dysphagia, including disorders of swallowing and oral functions for feeding; orofacial myofunctional disorders;

d. Cognitive aspects of communication, including communication disability and other functional disabilities associated with cognitive impairment;

e. Social aspects of communication, including challenging behavior, ineffective social skills, lack of communication opportunities;

(b) Provides consultation and counseling and makes referrals when appropriate;

(c) Trains and supports family members and other communication partners of individuals with speech, voice, language, communication and swallowing disabilities;

(d) Develops and establishes effective augmentative and alternative communication techniques and strategies, including selecting, prescribing and dispensing of argumentative aids and devices; and the training of individuals, their families and other communication partners in their use;

(e) Selects, fits and establishes effective use of appropriate prosthetic/adaptive devices for speaking and swallowing, such as tracheoesophageal valves, electrolarynges, speaking valves;

(f) Uses instrumental technology to diagnose and treat disorders of communication and swallowing, such as videofluoroscopy, nasendoscopy, ultrasonography and stroboscopy;

(g) Provides aural rehabilitative and related counseling services to individuals with hearing loss and to their families;

(h) Collaborates in the assessment of central auditory processing disorders in cases in which there is evidence of speech, language or other cognitive communication disorders; provides intervention for individuals with central auditory processing disorders;

(i) Conducts pure-tone air conduction hearing screening and screening tympanometry for the purpose of the initial identification or referral;

(j) Enhances speech and language proficiency and communication effectiveness, including but not limited to, accent reduction, collaboration with teachers of English as a second language and improvement of voice, performance and singing;

(k) Trains and supervises support personnel;

(l) Develops and manages academic and clinical programs in communication sciences and disorders;

(m) Conducts, disseminates and applies research in communication sciences and disorders;

(n) Measures outcomes of treatment and conducts continuous evaluation of the effectiveness of practices and programs to improve and maintain quality of services;

(10) "Speech-language pathologist", a person who is licensed as a speech-language pathologist pursuant to sections 345.010 to 345.080; who engages in the practice of speech-language pathology as defined in sections 345.010 to 345.080;

(11) "Speech-language pathology aide", a person who is registered as a speech-language aide by the board, who does not act independently but works under the direction and supervision of a licensed speech-language pathologist. Such person assists the speech-language pathologist with activities which require an understanding of speech-language pathology but does not require formal training in the relevant academics. To be eligible for registration by the board, each applicant shall submit a registration fee, be of good moral and ethical character; and:

(a) Be at least eighteen years of age;

(b) Furnish evidence of the person's educational qualifications which shall be at a minimum:

a. Certification of graduation from an accredited high school or its equivalent; and

b. On the job training;

(c) Be employed in a setting in which direct and indirect supervision is provided on a regular and systematic basis by a licensed speech-language pathologist. However, the aide shall not administer or interpret hearing screening or diagnostic tests, fit or dispense hearing instruments, make ear impressions, make diagnostic statements, determine case selection, present written reports to anyone other than the supervisor without the signature of the supervisor, make referrals to other professionals or agencies, use a title other than speech-language pathology aide or clinical audiology aide, develop or modify treatment plans, discharge clients from treatment or terminate treatment, disclose clinical information, either orally or in writing, to anyone other than the supervising speech-language pathologist/audiologist, or perform any procedure for which he or she is not qualified, has not been adequately trained or both;

(12) "Speech-language pathology assistant", a person who is registered as a speech-language pathology assistant by the board, who does not act independently but works under the direction and supervision of a licensed speech-language pathologist and whose activities require both academic and practical training in the field of speech-language pathology although less training than those established by sections 345.010 to 345.080 as necessary for licensing as a speech-language pathologist. To be eligible for registration by the board, each applicant shall submit the registration fee, be of good moral character; and:

(a) Furnish evidence of the person's educational qualifications which meet the following:

a. Hold a bachelor's level degree in speech language pathology or an associate's degree as a speech language pathology assistant from an institution accredited or approved by the Council on Academic Accreditation of the American Speech-Language-Hearing Association in the area of speech-language pathology; and

b. Submit official transcripts from one or more accredited colleges or universities presenting evidence of the completion of bachelor's or associate's level coursework and clinical practicum requirements equivalent to that required or approved by the Council on Academic Accreditation of the American Speech-Language-Hearing Association;

(b) The requirements of paragraph (a) of this subdivision shall be the minimum requirements for a speech-language pathology assistant until January 1, 2005. After January 1, 2005, to be eligible for registration by the board, each applicant shall submit the registration fee, be of good moral character and furnish evidence of the person's educational qualifications which meet the following:

a. Hold a minimum of an associate's degree as a speech-language pathology assistant from an institution accredited or approved by the Council on Academic Accreditation of the American Speech-Language-Hearing Association; and

b. Submit official transcripts from one or more accredited colleges or universities presenting evidence of the completion of coursework and clinical practicum requirements equivalent to that required or approved by the Council on Academic Accreditation of the American Speech-Language-Hearing Association;

(c) Furnish evidence of successful completion of a uniform, functionally based proficiency evaluation as determined by the board;

(d) The individuals meeting the requirements prior to January 1, 2005, may be granted continued registration from the board provided the individual meets the following:

a. Furnish evidence of employment in which direct and indirect supervision have been provided on a regular and systematic basis by a licensed speech-language pathologist; and

b. The individual is in good standing with the board with regard to practice prior to January 1, 2005.

345.020. 1. Licensure or registration shall be granted in either speech-language pathology or [clinical] audiology independently. A person may be licensed or registered in both areas if the person is qualified. Each licensed or registered person shall display the license or certificate prominently in the person's place of practice.

2. No person shall practice or hold himself or herself out as being able to practice speech-language pathology or [clinical] audiology in this state [for a fee] unless the person is licensed in accordance with the provisions of [this chapter] sections 345.010 to 345.080. Nothing in [this chapter] sections 345.010 to 345.080, however, shall be construed to prevent a qualified person licensed in this state under any other law from engaging in the profession for which the person is licensed, and a licensed physician or surgeon may practice speech-language pathology or [clinical] audiology without being licensed in accordance with the provisions of [this chapter] sections 345.010 to 345.080.

3. No person shall hold himself or herself out as being a speech-language pathologist in this state unless the person is licensed as provided in sections 345.010 to 345.080. Any person who, in any manner, represents himself or herself as a speech-language pathologist or who uses in connection with such person's name the words or letters: "speech-language pathologist", "speech pathologist", "speech therapy", "speech therapist", "speech clinic", "speech clinician", "S.L.P.", "language specialist", "logopedist" or any other letters, words, abbreviations or insignia, indicating or implying that the person is a speech-language pathologist without a valid existing license is guilty of a class B misdemeanor.

4. No person shall hold himself or herself out as being an audiologist in this state unless the person is licensed as provided in sections 345.010 to 345.080. Any person who, in any manner, represents himself or herself as an audiologist or who uses in connection with such person's name the words: "audiology", "audiologist", "audiological", "hearing clinic", "hearing clinician", "hearing therapist" or any other letters, words, abbreviations or insignia, indicating or implying that the person is an audiologist without a valid existing license is guilty of a class B misdemeanor.

5. No person shall hold himself or herself out as being a speech-language pathology assistant or aide or audiology aide in this state unless the person is registered as provided in sections 345.010 to 345.080.

6. Nothing in [this chapter] sections 345.010 to 345.080 shall prohibit a corporation, partnership, trust, association, or other like organization from engaging in the business of speech-language pathology or [clinical] audiology without [certification] licensure if it employs licensed natural persons in the direct practice of speech-language pathology or [clinical] audiology. Any such corporation, partnership, trust, association, or other like organization shall also file with the board a statement, on a form approved by the board, that it submits itself to the rules and regulations of the board and the provisions of [this chapter] sections 345.010 to 345.080 which the board shall deem applicable to it.

345.022. 1. Any person in the person's clinical fellowship as defined in sections 345.010 to 345.080 shall hold a provisional license to practice speech-language pathology or audiology. The board may issue a provisional license to an applicant who:

(1) [Except for the postgraduate experience, meets the academic practicum and examination requirements of this chapter] Has met the requirements for practicum and academic requirements from an accredited training program as defined in sections 345.010 to 345.080;

(2) Submits an application to the board on a form prescribed by the board. Such form shall include a plan for the content and supervision of the [postgraduate experience] clinical fellowship, as well as evidence of good moral and ethical character; and

(3) [Pay] Submits to the board an application fee, as set by the board, for the provisional license.

2. A provisional license is effective for one year and may [not be renewed more than one time.] be extended for an additional twelve months only for purposes of completing the post-graduate clinical experience portion of the clinical fellowship; provided that, the applicant has passed the national examination and shall hold a master's degree from an approved training program in his or her area of application.

3. Within twelve months of issuance of the provisional license, the applicant shall pass an examination promulgated or approved by the board.

4. Within twelve months of issuance of a provisional license, the applicant shall complete the master's or doctoral degree from an institution accredited by the Council on Academic Accreditation of the American Speech-Language-Hearing Association in the area in which licensure is sought.

345.025. 1. The provisions of [this chapter] sections 345.010 to 345.080 do not apply to:

(1) The activities, services, and the use of an official title on the part of a person in the employ of a federal agency insofar as such services are part of the duties of the person's office or position with such agency;

(2) The activities and services of certified teachers of the deaf;

(3) The activities and services of a student[, intern, or trainee] in speech-language pathology or [clinical] audiology pursuing a course of study at a university or college that has been approved by its regional accrediting association, or working in a recognized training center, if these activities and services constitute a part of the person's course of study supervised by a [certified] licensed speech-language pathologist or [clinical] audiologist as provided in section 345.050;

(4) [The activities and services of a person who has recently become a resident of the state and who has made application for licensing with or without examination, if the person was authorized by the laws of the state or country of the person's former residence to perform such activities or service;

(5)] The activities and services of [licensed] physicians and surgeons licensed pursuant to chapter 334, RSMo;

[(6)] (5) Audiometric technicians who are certified by the council for accreditation of occupational hearing conservationists when conducting pure tone air conduction audiometric tests for purposes of industrial hearing conservation [or to] and comply with requirements of the federal Occupational Safety and Health Administration;

[(7)] (6) A person who holds a current valid certificate as a speech-language pathologist issued by the Missouri [state] department of elementary and secondary education and who [provides speech-language pathology services with an educational agency, as long as that person remains in the employ of such agency] is an employee of a public school while providing speech-language pathology services in such school system.

2. No one shall be exempt [under] pursuant to subdivision (1) or [(7)] (6) of subsection 1 of this section if the person does any work as a speech-language pathologist or [clinical] audiologist outside of the exempted areas outlined in section 345.025 for which a fee or compensation may be paid by the recipient of the service. When college or university clinics charge a fee, supervisors of student clinicians [must] shall be licensed.

345.030. 1. The board shall administer, coordinate, and enforce the provisions of [this chapter] sections 345.010 to 345.080, evaluate the qualifications of applicants, supervise the examination of applicants, issue licenses, and shall investigate persons engaging in practices which appear to violate the provisions of [this chapter] sections 345.010 to 345.080.

2. The board shall conduct such hearings and keep such records and minutes as shall be necessary to an orderly dispatch of business.

3. The board shall adopt reasonable rules and regulations which establish ethical standards of practice and may amend or repeal the same.

4. Regular meetings of the [board] commission shall be held at such times and places as it prescribes, and special meetings may be held upon the call of the [chairman] chairperson or by request of at least two other members of the [board] commission, but at least one regular meeting shall be held each year.

5. [No rule or portion of a rule promulgated under the authority of this chapter shall become effective until it has been approved by the joint committee on administrative rules in accordance with the procedures provided in this section, and the delegation of the legislative authority to enact law by the adoption of such rules is dependent upon the power of the joint committee on administrative rules to review and suspend rules pending ratification by the senate and the house of representatives as provided in this section.

6. Upon filing any proposed rule with the secretary of state, the board shall concurrently submit such proposed rule to the committee, which may hold hearings upon any proposed rule or portion thereof at any time.

7. A final order of rulemaking shall not be filed with the secretary of state until thirty days after such final order of rulemaking has been received by the committee. The committee may hold one or more hearings upon such final order of rulemaking during the thirty-day period. If the committee does not disapprove such order of rulemaking within the thirty- day period, the board may file such order of rulemaking with the secretary of state and the order of rulemaking shall be deemed approved.

8. The committee may, by majority vote of the members, suspend the order of rulemaking or portion thereof by action taken prior to the filing of the final order of rulemaking only for one or more of the following grounds:

(1) An absence of statutory authority for the proposed rule;

(2) An emergency relating to public health, safety or welfare;

(3) The proposed rule is in conflict with state law;

(4) A substantial change in circumstance since enactment of the law upon which the proposed rule is based.

9. If the committee disapproves any rule or portion thereof, the board shall not file such disapproved portion of any rule with the secretary of state and the secretary of state shall not publish in the Missouri Register any final order of rulemaking containing the disapproved portion.

10. If the committee disapproves any rule or portion thereof, the committee shall report its findings to the senate and the house of representatives. No rule or portion thereof disapproved by the committee shall take effect so long as the senate and the house of representatives ratify the act of the joint committee by resolution adopted in each house within thirty legislative days after such rule or portion thereof has been disapproved by the joint committee.

11. Upon adoption of a rule as provided in this section, any such rule or portion thereof may be suspended or revoked by the general assembly either by bill or, pursuant to section 8, article IV of the Constitution of Missouri, by concurrent resolution upon recommendation of the joint committee on administrative rules. The committee shall be authorized to hold hearings and make recommendations pursuant to the provisions of section 536.037, RSMo. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the suspension or revocation.] No rule or portion of a rule promulgated pursuant to the authority of sections 345.010 to 345.080 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

345.035. 1. The board may, within the limits of appropriations [made therefor], employ such board personnel as defined in subdivision (4) of subsection 15 of section 620.010, RSMo, as may be necessary to carry out its duties.

2. All expenses of the board shall be paid only from appropriations made for that purpose from the board of registration for the healing arts fund.

345.045. All moneys received [under this chapter] pursuant to sections 345.010 to 345.080 shall be collected by the division of professional registration and shall be transmitted to the department of revenue for deposit in the state treasury to the credit of the board of registration for the healing arts fund.

345.050. 1. To be eligible for licensure by the board by examination, each applicant [must pay] shall submit the [licensing examination] application fee and [must] shall furnish evidence of such person's good moral and ethical character, current competence and shall:

(1) Hold a master's or a doctoral degree from an institution accredited by the [Educational Standards Board] Council on Academic Accreditation of the American Speech- Language-Hearing Association in the area in which licensure is sought;

(2) Submit official transcripts from one or more accredited colleges or universities presenting evidence of the completion of coursework and clinical practicum requirements equivalent to that required by the [Educational Standards Board] Council on Academic Accreditation of the American Speech-Language-Hearing Association;

(3) Present written evidence [from employers or supervisors of full-time professional employment, or equivalent, as required by the American Speech-Language-Hearing Association and pertinent to the license being sought] of completion of clinical fellowship as defined in subdivision (4) of section 345.015 from supervisors. The experience required by this subdivision shall follow the completion of the requirements of subdivisions (1) and (2) of this subsection. This period of employment [must] shall be under the direct supervision of [one] a person who is licensed by the state of Missouri in the profession in which the applicant seeks to be licensed [or so licensed in another state having standards comparable to those of Missouri, or holding the certificate of clinical competence issued by the American Speech-Language-Hearing Association in the profession in which the applicant seeks to be licensed];

(4) Pass an examination promulgated [and] or approved by the board. The board shall determine the subject and scope of the examinations. [Written examinations may be supplemented by oral examinations. An applicant who fails the examination may be reexamined at a subsequent date upon payment of another licensing examination fee.]

2. To be eligible for licensure by the board without examination, each applicant [must pay a fee equivalent to the licensing examination fee and must be of good moral character and either] shall make application on forms prescribed by the board, submit the application fee and shall be of good moral and ethical character, submit an activities statement and meet one of the following requirements:

(1) [Present proof of current licensure in a state which has standards at least equivalent to those of this state] The board shall issue a license to any speech-language pathologist or audiologist who is licensed in another jurisdiction and who has had no violations, suspension or revocations of a license to practice speech-language pathology or audiology in any jurisdiction; provided that, such person is licensed in a jurisdiction whose requirements are substantially equal to, or greater than, Missouri at the time the applicant applies for licensure; or

(2) Hold the certificate of clinical competence issued by the American Speech-Language-Hearing Association [in speech pathology and audiology] in the area in which licensure is sought.

345.051. 1. Every person licensed [under the provisions of this chapter] or registered pursuant to the provisions of sections 345.010 to 345.080 shall renew the license on or before the renewal date. Such renewal date shall be determined by the board. The application shall be made on a form furnished by the board. The application shall include, but not be limited to, disclosure of the applicant's full name and the applicant's office and residence addresses and the date and number of the applicant's license, [and] all final disciplinary actions taken against the applicant by any speech-language-hearing association or society, state, territory, federal agency or country and information concerning the applicant's current physical and mental fitness to practice as a speech-language pathologist or audiologist.

2. A blank form for application for license renewal shall be mailed to each person licensed in this state at the person's last known office or residence address. The failure to mail the form of application or the failure to receive it does not, however, relieve any person of the duty to renew the license and pay the fee required by [this chapter nor exempt the person from the penalties provided by this chapter] sections 345.010 to 345.080 for failure to renew the license.

3. An applicant for renewal of a license pursuant to this section shall:

(1) [Pay] Submit an amount established by the board; and

(2) Meet any other requirements the board establishes as conditions for license renewal, including the demonstration of continued competence to practice the profession for which the license is issued. A requirement of continued competence may include, but is not limited to, continuing education, examination, self-evaluation, peer review, performance appraisal or practical simulation.

[4. The board may grant a grace period for up to thirty days for renewal of an expired license if the licensee meets all the other requirements for renewal and pays the renewal fee and any late fee which is established by the board.

5.] 4. If a license is suspended pursuant to section 345.065, the license expires on the expiration date as established by the board for all licenses issued pursuant to [this chapter] sections 345.010 to 345.080. Such license may be renewed but does not entitle the licensee to engage in the licensed activity or in any other conduct or activity which violates the order of judgment by which the license was suspended until such license has been reinstated.

[6.] 5. If a license is revoked on disciplinary grounds pursuant to section 345.065, the license expires on the expiration date as established by the board for all licenses issued pursuant to [this chapter] sections 345.010 to 345.080. Such license may not be renewed. If a license is reinstated after its expiration, the licensee, as a condition of reinstatement, shall pay a reinstatement fee that is equal to the renewal fee in effect on the last regular renewal date immediately preceding the date of reinstatement plus any late fee established by the board.

345.055. 1. The board shall charge a license or registration renewal fee for each license or registration renewed. Persons possessing the required training and qualifications to be licensed or registered as both a speech-language pathologist and [clinical] audiologist shall receive both licenses, which for the purposes of this section shall be considered as a single license or certificate. Duplicate licenses or certificates shall be issued without additional charge to persons practicing in more than one location. Persons who allow their licenses to lapse [must pay] shall submit a reinstatement fee, and if the license has lapsed for more than a three-year period, the board [shall] may require reexamination.

2. The fees prescribed by section 345.051 and this section shall be exclusive, and notwithstanding any other provision of law, no municipality may require any person licensed [under the provisions of this chapter] pursuant to the provisions of sections 345.010 to 345.080 to furnish any bond, pass any examination, or pay any license fee or occupational tax.

3. The board shall set the amount of the fees which [this chapter] sections 345.010 to 345.080 authorizes and requires by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering [this chapter] sections 345.010 to 345.080.

345.065. 1. The board may refuse to issue any certificate of registration or authority, permit or license required pursuant to [this chapter] sections 345.010 to 345.080 for one or any combination of causes stated in subsection 2 of this section. The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of the applicant's right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo. As an alternative to a refusal to issue or renew any certificate, registration or authority, the board may, at its discretion, issue a license which is subject to probation, restriction or limitation to an applicant for licensure for any one or any combination of causes stated in subsection 2 of this section. The board's order of probation, limitation or restriction shall contain a statement of the discipline imposed, the basis therefore, the date such action shall become effective and a statement that the applicant has thirty days to request in writing a hearing before the administrative hearing commission. If the board issues a probationary, limited or restricted license to an applicant for licensure, either party may file a written petition with the administrative hearing commission within thirty days of the effective date of the probationary, limited or restricted license seeking review of the board's determination. If no written request for a hearing is received by the administrative hearing commission within the thirty-day period, the right to seek review of the board's decision shall be considered as waived.

2. The [advisory commission] board may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any certificate of registration or authority, permit or license required by [this chapter] sections 345.010 to 345.080 or any person who has failed to renew or has surrendered the person's certificate of registration or authority, permit or license for any one or any combination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to perform the work of any profession licensed or regulated by [this chapter] sections 345.010 to 345.080;

(2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated [under this chapter] pursuant to sections 345.010 to 345.080, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, permit or license issued pursuant to [this chapter] sections 345.010 to 345.080 or in obtaining permission to take any examination given or required pursuant to [this chapter] sections 345.010 to 345.080;

(4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;

(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed or regulated by [this chapter] sections 345.010 to 345.080;

(6) Violation of, or assisting or enabling any person to violate, any provision of [this chapter] sections 345.010 to 345.080, or of any lawful rule or regulation adopted pursuant to [this chapter] sections 345.010 to 345.080;

(7) Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use his or her certificate of registration or authority, permit, license or diploma from any school;

(8) Disciplinary action against the holder of a license or other right to practice any profession regulated by [this chapter] sections 345.010 to 345.080 granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;

(9) A person is finally adjudged insane or incompetent by a court of competent jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by [this chapter] sections 345.010 to 345.080 who is not registered and currently eligible to practice [under this chapter] pursuant to sections 345.010 to 345.080;

(11) Issuance of a certificate of registration or authority, permit or license based upon a material mistake of fact;

(12) Failure to display a valid certificate or license if so required by [this chapter] sections 345.010 to 345.080 or any rule promulgated [hereunder] pursuant to sections 345.010 to 345.080;

(13) Violation of any professional trust or confidence;

(14) Fraudulently or deceptively using a license [or], provisional license or registration;

(15) Altering a license [or a], provisional license or registration;

(16) Willfully making or filing a false report or record in the practice of speech-language pathology or audiology;

(17) Using or promoting or causing the use of any misleading, deceiving, improbable or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia or any other representation;

(18) Falsely representing the use or availability of services or advice of a physician;

(19) Misrepresenting the applicant, licensee or holder by using the word doctor or any similar word, abbreviation or symbol if the use is not accurate or if the degree was not obtained from a regionally accredited institution;

(20) Committing any act of dishonorable, immoral or unprofessional conduct while engaging in the practice of speech-language pathology or audiology;

(21) Providing services or promoting the sale of devices, appliances or products to a person who cannot reasonably be expected to benefit from such services, devices, appliances or products.

3. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2 of this section, for disciplinary action are met, the board may, singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the board deems appropriate for a period not to exceed [five] ten years, or may suspend, for a period not to exceed three years, or revoke the license[, certificate, or permit] or registration.

4. The board may apply for relief by injunction, without bond, to restrain any person, partnership or corporation from engaging in any act or practice which constitutes an offense pursuant to [this chapter] sections 345.010 to 345.080. The [commission] board does not need to allege and prove that there is no adequate remedy at law to obtain an injunction. The members of the board and the advisory commission shall not be individually liable for applying for such relief.

[5. Any person who violates any provision of this chapter shall be guilty of a class B misdemeanor and, upon conviction thereof, shall be punished by a fine or by imprisonment, or both such fine and imprisonment.]

345.075. Any person who practices or holds himself or herself out to be a [speech pathologist,] speech-language pathologist, [or clinical] speech-language pathology assistant or aid, audiologist[, audiologist, hearing aid audiologist for financial consideration] or audiology aide without first having been licensed or registered is guilty of a class B misdemeanor and, upon conviction, shall be punished as provided by law. This section shall refer also to the use of the words "pathologist", "state-licensed clinic", "state registered", "state certified", "state approved", or any other term, abbreviation, or symbol when it would falsely give the impression that service is being provided by persons trained in medicine, speech-language pathology or audiology or that the licensee's service has been recommended by the state.

345.080. 1. There is hereby established an "Advisory Commission for Speech-Language Pathologists and [Clinical] Audiologists" which shall guide, advise and make recommendations to the board. The commission shall approve the examination required by section 345.050, and shall assist the board in carrying out the provisions of sections 345.010 to 345.075.

2. After August 28, [1995] 1997, the commission shall consist of seven members, one of whom shall be a voting public member, appointed by the board of registration for the healing arts. Each member shall be a citizen of the United States and a resident of this state. Three members of the commission shall be licensed speech-language pathologists and three members of the commission shall be licensed [clinical] audiologists. The public member shall be at the time of appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated [under this chapter] pursuant to sections 345.010 to 345.080 or the spouse of such person; and a person who does not have and never has had a material, financial interest in either the providing of the professional services regulated by [this chapter] sections 345.010 to 345.080, or an activity or organization directly related to any profession licensed or regulated [under this chapter] pursuant to sections 345.010 to 345.080. Members shall be appointed to serve three-year terms, except as provided in this subsection. Each member of the advisory commission for speech pathologists and clinical audiologists on August 28, 1995, shall become a member of the advisory commission for speech-language pathologists and clinical audiologists and shall continue to serve until the term for which the member was appointed expires. Each member of the advisory commission for speech-language pathologists and clinical audiologists on August 28, 1997, shall become a member of the advisory commission for speech-language pathologists and audiologists and shall continue to serve until the term for which the member was appointed expires. The first public member appointed pursuant to this subsection shall be appointed for a two-year term and the one additional member appointed pursuant to this subsection shall be appointed for a full three-year term. No person shall be eligible for reappointment who has served as a member of the advisory commission for speech pathologists and [clinical] audiologists or as a member of the commission as established on August 28, 1995, for a total of six years. The membership of the commission shall reflect the differences in levels of education [and], work experience and geographic residence.

3. No member of the commission shall be entitled to any compensation for the performance of the member's official duties, but each shall be reimbursed for necessary and actual expenses incurred in the performance of the member's official duties. All staff for the commission shall be provided by the board of registration for the healing arts.

4. The commission shall hold an annual meeting at which it shall elect from its membership a chairman and secretary. The commission may hold such additional meetings as may be required in the performance of its duties, provided that notice of every meeting [must] shall be given to each member at least ten days prior to the date of the meeting. A quorum of the commission shall consist of a majority of its members.

5. The board of registration for the healing arts may remove a commission member for misconduct, incompetency or neglect of the member's official duties after giving the member written notice of the charges against such member and an opportunity to be heard thereon."; and

Further amend the title and enacting clause accordingly.

Senator McKenna moved that the above amendment be adopted, which motion prevailed.

Senator House offered SA 3:

SENATE AMENDMENT NO. 3

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 85, Section 23, Line 25, by inserting after all of said line the following:

"Section 24. 1. As used in sections 24 and 25 of this act, the following terms mean:

(1) "Body piercing", the perforation of human tissue other than an ear for a nonmedical purpose;

(2) "Branding", a permanent mark made on human tissue by burning with a hot iron or other instrument;

(3) "Controlled substance", any substance defined in section 195.010, RSMo;

(4) "Minor", a person under the age of eighteen;

(5) "Tattoo", one or more of the following:

(a) An indelible mark made on the body of another person by the insertion of a pigment under the skin; or

(b) An indelible design made on the body of another person by production of scars other than by branding.

2. No person shall knowingly tattoo, brand or perform body piercing on a minor unless such person obtains the prior written informed consent of the minor's parent or legal guardian. The minor's parent or legal guardian shall execute the written informed consent required pursuant to this subsection in the presence of the person performing the tattooing, branding or body piercing on the minor, or in the presence of an employee or agent of such person. Any person who fraudulently misrepresents himself or herself as a parent is guilty of a class B misdemeanor.

3. A person shall not tattoo, brand or perform body piercing on another person if the other person is under the influence of intoxicating liquor or a controlled substance.

4. A person who violates this section is guilty of a misdemeanor and shall be fined not more than five hundred dollars. If there is a subsequent violation of this section within one year of the initial violation, such person shall be fined not less than five hundred dollars or more than one thousand dollars.

Section 25. 1. No practitioner of tattooing shall practice and no establishment in which tattoos are applied shall be operated without a license issued by the director of the department of economic development. The annual license fee for each practitioner and each establishment shall be seventy-five dollars.

2. The director of the department of economic development shall promulgate rules and regulations relative to the hygienic practice of tattooing and sanitary operations of tattoo establishments. Such rules and regulations shall include:

(1) Standards of hygiene to be met and maintained by establishments and practitioners in order to receive and maintain a license for the practice of tattooing;

(2) Procedures to be used to grant, revoke or reinstate a license;

(3) Inspection of tattoo establishments; and

(4) Any other matter necessary to the administration of this section.

3. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo."; and

Further amend the title and enacting clause accordingly.

Senator House moved that the above amendment be adopted.

Senator Kinder requested a division of the question on SA 3, asking that a vote first be taken on Section 24 and that a second vote be taken on Section 25, which request was granted.

Senator House moved that Part I of SA 3 be adopted, which motion prevailed.

Senator House moved that Part II of SA 3 be adopted, which motion prevailed on a standing division vote.

Senator Maxwell assumed the Chair.

Senator Sims offered SA 4:

SENATE AMENDMENT NO. 4

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 72, Section 620.150, Line 22, by inserting immediately after said line the following:

"650.295. Any person certified by the department of natural resources as a certified backflow prevention assembly tester shall be eligible to be registered or licensed by any county, city, town, village or other political subdivision of this state to install, replace, test and repair a backflow prevention assembly pursuant to the practice of his trade within that political subdivision as long as he maintains state certification."; and

Further amend the title and enacting clause accordingly.

Senator Sims moved that the above amendment be adopted, which motion prevailed.

Senator Schneider offered SA 5:

SENATE AMENDMENT NO. 5

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 25, Section 334.749, Line 40, by inserting after said line the following:

"334.820. 1. No person in the state of Missouri, unless such person holds a current and valid license issued pursuant to sections 334.800 to 334.930, shall:

(1) Provide the services of a respiratory care practitioner, unless such person is otherwise exempt pursuant to section 334.900; [and]

(2) Represent himself or herself as, or hold himself or herself out, to the public by any title or description including the words, respiratory therapist, respiratory therapy technician, or inhalation therapist, or as having any similar description; [and]

(3) Advertise as, or take any action that would imply or lead the public to believe that such person is, a legitimate provider of respiratory care.

2. Nothing in sections 334.800 to 334.930 shall be construed to authorize or permit a respiratory care practitioner to practice medicine."; and

Further amend the title and enacting clause accordingly.

Senator Schneider moved that the above amendment be adopted, which motion prevailed.

Senator Scott offered SA 6:

SENATE AMENDMENT NO. 6

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 1, In the Title, Line 4, by deleting the word and number "and 339.545" and inserting in lieu thereof the following: ", 339.545, 375.022 and 376.1075"; and

Further amend said bill, Page 1, In the Title, Line 8, by deleting the word "ninety-nine" and inserting in lieu thereof the following: "one hundred three"; and

Further amend said bill, Page 1, Section A, Line 3, by deleting the word and number "and 339.545" and inserting in lieu thereof the following: ", 339.545, 375.022 and 376.1075"; and

Further amend said bill, Page 2, Section A, Line 6, by deleting the word "ninety-nine" and inserting in lieu thereof the following: "one hundred three"; and

Further amend said bill, Page 2, Section A, Line 15, by inserting after the number "339.855," the following: "375.022, 376.1075,"; and

Further amend said bill, Page 2, Section A, Line 16, by deleting the word and number "and 23" and inserting in lieu thereof the following: ", 23, 24 and 25"; and

Further amend said bill, Page 70, Section 339.855, Line 5, by inserting after all of said line the following:

"375.022. 1. Every insurance company authorized to provide or transact insurance in this state shall, within thirty working days of an appointment of an agent to act for such insurance company, notify the director of such appointment upon forms prescribed by the director. Each appointment will result in a ten-dollar fee. The company shall remit these fees to the department of insurance on a quarterly basis. Such appointments may be made by appointing individual agents or by designating a licensed agency. The designation of an agency shall be deemed to appoint all agents listed by such agency pursuant to section 375.061 to act for the insurance company in the lines for which the agent is licensed and the agency is designated. Any additional agents listed by the agency pursuant to section 375.061 after the designation of the agency shall be deemed appointed for all companies with existing designations of the agency. The appointment of an agent pursuant to the provisions of this subsection shall terminate upon the agent's termination by or resignation from the agency, upon termination of the agency by the insurance company, or upon nonrenewal, suspension, surrender or revocation of the agent's license. Every such insurance company shall notify the director within thirty working days of the termination of the appointment of any agent whether the termination is by action of the company or resignation of the agent. Each termination will result in a ten-dollar fee. When the cause of termination is for a reason that, [under] pursuant to the provisions of section 375.141, would permit the director to revoke, suspend or refuse to issue an agent's license, the notice shall state the cause and circumstances of the termination. The notice shall be filed promptly after termination and within such time as may be prescribed by an appropriate order or regulation of the director of the department of insurance. The director may prescribe the form upon which the notification is to be given. The director shall upon written request by the agent furnish to him or her a copy of all information obtained pursuant to this section.

2. Any information filed by an insurance company or obtained by the director pursuant to this section and any document, record or statement required by the director [under] pursuant to the provisions of this section shall be deemed confidential and absolutely privileged. There shall be no liability on the part of, and no cause of action shall arise against, any insurer, its agents or its authorized investigative sources or the director or [his] the director's authorized representatives in connection with any written notice required by this section made by them in good faith.

376.1075. As used in sections 376.1075 to 376.1095, the following terms mean:

(1) "Administrator", "third-party administrator" or "TPA", a person who directly or indirectly solicits or effects coverage of, underwrites, collects charges or premiums from, or adjusts or settles claims on residents of this state, or residents of another state from offices in this state, in connection with life or health insurance coverage, annuities, or workers' compensation except any of the following:

(a) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer;

(b) A union on behalf of its members;

(c) An insurance company which is either licensed in this state pursuant to the requirements of this chapter or chapter 379, RSMo;

(d) An insurer authorized to do insurance business in another state pursuant to similar laws, with respect to a policy lawfully issued and delivered in a state other than this state, when engaged in transacting the business of insurance as defined by this chapter and chapter 379, RSMo;

(e) A health service corporation, health maintenance organization or prepaid dental plan operating pursuant to the requirements of chapter 354, RSMo, when engaged in its duties of providing health care or dental services and indemnifying its members;

(f) A life or health agent or broker licensed in this state, whose activities are limited exclusively to the sale of insurance;

(g) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors;

(h) A trust, its trustees, agents and employees acting thereunder, established in conformity with 29 U.S.C. 186;

(i) A trust exempt from taxation under section 501(a) of the Internal Revenue Code, its trustees, and employees acting thereunder;

(j) A custodian, its agents and employees acting pursuant to a custodian account which meets the requirements of section 401(f) of the Internal Revenue Code;

(k) A bank, credit union or other financial institution which is subject to supervision or examination by federal or state banking authorities;

(l) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided such company does not adjust or settle claims;

(m) A person who adjusts or settles claims in the normal course of his or her practice or employment as an attorney at law, and who does not collect charges or premiums in connection with life or health insurance coverage or annuities;

(n) An adjuster [licensed by this state] whose activities are limited to adjustment of claims and who is either licensed by this state or working on behalf of a licensed workers' compensation insurer;

(o) A person licensed as an insurance agent in this state, whose activities are limited exclusively to the activities of a managing general agent;

(2) "Affiliate" or "affiliated", any entity or person who directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a specified entity or person;

(3) "Control", as defined in chapter 382, RSMo;

(4) "Director", the director of the department of insurance;

(5) "Insurance" or "insurance coverage", any coverage offered or provided by an insurer;

(6) "Insurer", any person undertaking to provide life or health insurance coverage, annuities or workers' compensation coverage in this state. For the purposes of sections 376.1075 to 376.1095, insurer includes a licensed insurance company, a prepaid hospital or medical care plan, a health maintenance organization, a multiple employer self-insured health plan, a self-insured multiple employer welfare arrangement, or any other person providing a plan of insurance subject to state insurance regulation. Insurer does not include a bona fide employee benefit plan established by an employer or an employee organization, or both, for which the insurance laws of this state are preempted pursuant to the Employee Retirement Income Security Act of 1974;

(7) "Underwrites" or "underwriting" means, but is not limited to, the acceptance of employer or individual applications for coverage of individuals in accordance with the written rules of the insurer, the overall planning and coordinating of an insurance program, and the ability to procure bonds and excess insurance."; and

Further amend said bill, Page 85, Section 23, Line 25, by inserting after all of said line the following:

"Section 24. For a broker or agent licensed pursuant to chapter 375, RSMo, the director of the department of insurance may change such broker's or agent's anniversary date of issuance one time to coincide with the anniversary date for that broker's or agent's license.

Section 25. The director shall waive the examination for a person applying for a broker's license if such person has had a resident agent's license in more than one line of insurance for at least five years immediately preceding the time of application for a broker's license and is a resident of the state of Missouri at the time of application.".

Senator Scott moved that the above amendment be adopted, which motion prevailed.

Senator Ehlmann offered SA 7:

SENATE AMENDMENT NO. 7

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 17, Section 329.140, Lines 75-79, by striking all of said lines.

Senator Ehlmann moved that the above amendment be adopted, which motion prevailed.

Senator Ehlmann offered SA 8, which was read:

SENATE AMENDMENT NO. 8

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 85, Section 23, Line 25, by adding the following: "Any lobbyist that lobbies for a registration bill shall be required to be licensed under rules established by the Department of Economic Development.".

Senator Ehlmann moved that the above amendment be adopted, which motion failed.

Senator Caskey offered SA 9:

SENATE AMENDMENT NO. 9

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House and Bills Nos. 1094, 1213, 1311 and 1428, Page 85, Section 24, Line 25, by inserting after said line:

"Section 24. Each ambulance, when in use as an ambulance, shall be staffed with a minimum of one emergency medical technician and one other crew member as set forth in rules adopted by the department. When transporting a patient, at least one licensed emergency medical technician, registered nurse, or physician shall be in attendance with the patient in the patient compartment at all times."; and

Further amend the title and enacting clause accordingly.

Senator Caskey moved that the above amendment be adopted, which motion prevailed.

Senator Singleton raised the point of order that the Senate Committee Substitute is out of order in that it goes beyond the scope and purpose of the original bills.

The point of order was referred to the President Pro Tem, who ruled it not well taken.

Senator Mathewson assumed the Chair.

Senator Westfall offered SA 10, which was read:

SENATE AMENDMENT NO. 10

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 13, Section 324.265, Line 11, by striking all of said line and inserting in lieu thereof the following: "the coordinating board for higher education. The five hundred hours shall consist of"; and further amend line 32, by striking the words "board of" and inserting in lieu thereof the following: "coordinating board for".

Senator Westfall moved that the above amendment be adopted, which motion prevailed.

Senator Howard offered SA 11:

SENATE AMENDMENT NO. 11

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 35, Section 337.033, Line 72, by inserting immediately after said line the following:

"337.035. 1. The committee may refuse to issue any certificate of registration or authority, permit or license required pursuant to this chapter for one or any combination of causes stated in subsection 2 of this section. The committee shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of the applicant's right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo.

2. The committee may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any certificate of registration or authority, permit or license required by this chapter or any person who has failed to renew or has surrendered the person's certificate of registration or authority, permit or license for any one or any combination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to perform the work of any profession licensed or regulated by this chapter;

(2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, permit or license issued pursuant to this chapter or in obtaining permission to take any examination given or required pursuant to this chapter;

(4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;

(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed or regulated by this chapter;

(6) Violation of, or assisting or enabling any person to violate, any provision of this chapter, or of any lawful rule or regulation adopted pursuant to this chapter;

(7) Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use his or her certificate of registration or authority, permit, license or diploma from any school;

(8) Disciplinary action against the holder of a license or other right to practice any profession regulated by this chapter granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;

(9) A person is finally adjudged insane or incapacitated by a court of competent jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by this chapter who is not registered and currently eligible to practice as provided in this chapter;

(11) Issuance of a certificate of registration or authority, permit or license based upon a material mistake of fact;

(12) Failure to display a valid certificate or license if so required by this chapter or any rule promulgated pursuant to this chapter;

(13) Violation of any professional trust or confidence;

(14) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;

(15) Being guilty of unethical conduct as defined in "Ethical Rules of Conduct" as adopted by the committee and filed with the secretary of state.

3. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2, for disciplinary action are met, the committee may, singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the department deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license, certificate, or permit.

4. An interested third party may file a complaint [or] and may appear or present evidence relative to such complaint or another complaint filed pursuant to this section. For purposes of this section, an interested third party includes a parent or guardian of a person who received treatment by a psychologist or any person who is [related within the second degree of consanguinity or affinity and who is] financially responsible for the payment of such treatment."; and

Further amend said bill, page 70, Section 339.855, line 5, by inserting immediately after said line the following:

"538.400. For the purposes of sections 538.400 to 538.417, the following terms mean:

(1) "Emotionally dependent", the nature of the patient's or former patient's emotional condition and the nature of the treatment provided by the psychotherapist are such that the psychotherapist knows, or by the standards of acceptable psychological practice should know, that the patient or former patient is unable to withhold consent to sexual contact by the psychotherapist;

(2) "Former patient", a person who was given psychotherapy within two years prior to sexual contact with the psychotherapist;

(3) "Patient", a person who seeks or obtains psychotherapy;

(4) "Psychotherapist", a physician, psychologist, nurse, chemical dependency counselor, social worker, marriage and family therapist, mental health service provider or other person, whether or not licensed by the state, who performs or purports to perform psychotherapy;

(5) "Psychotherapy", is the practice of psychology as defined in section 337.015, RSMo;

(6) "Sexual contact", any of the following, whether or not occurring with the consent of a patient or former patient:

(a) Sexual intercourse, cunnilingus, fellatio, anal intercourse or any intrusion, however slight, into the genital or anal openings of the patient's or former patient's body by any part of the psychotherapist's body or by any object used by the psychotherapist for such purpose, or any intrusion, however slight, into the genital or anal openings of the psychotherapist's body by any part of the patient's or former patient's body or by any object used by the patient or former patient for such purpose, if agreed to by the psychotherapist;

(b) Kissing of, or the intentional touching by the psychotherapist of the patient's or former patient's genital area, groin, inner thigh, buttock or breast or of the clothing covering any of these body parts;

(c) Kissing of, or the intentional touching by the patient or former patient of the psychotherapist's genital area, groin, inner thigh, buttocks or breast or of the clothing covering any of these body parts if the psychotherapist agrees to the kissing or intentional touching.

Sexual contact includes requests by the psychotherapist for conduct described in paragraphs (a) to (c) of this subdivision. Sexual contact does not include conduct described in paragraph (a) or (b) that is a part of standard medical treatment of a patient;

(7) "Therapeutic deception", a representation by a psychotherapist that sexual contact with the psychotherapist is consistent with or part of the patient's or former patient's treatment.

538.405. 1. A cause of action against a psychotherapist or a professional or semi-professional whose occupation includes counseling for sexual exploitation exists for a patient or former patient for injury caused by sexual contact with the psychotherapist or a professional or semi-professional whose occupation includes counseling, if the sexual contact occurred during the period the patient was receiving psychotherapy from the psychotherapist or a professional or semi-professional whose occupation includes counseling if:

(1) The former patient was emotionally dependent on the psychotherapist or a professional or semi-professional whose occupation includes counseling; or

(2) The sexual contact occurred by means of therapeutic deception.

2. The patient or former patient may recover damages from a psychotherapist or a professional or semi-professional whose occupation includes counseling who is found liable for sexual exploitation. It is not a defense to the action that sexual contact with a patient occurred outside a therapy or treatment session or that it occurred off the premises regularly used by the psychotherapist for therapy or treatment sessions.

3. Any psychotherapist or professional or semi-professional whose occupation includes counseling and who knows, or by the standards of acceptable psychological practice should know, that he or she has a dominating influence or control over the person being treated may be charged with forcible rape as provided in section 566.030, RSMo; provided such forcible compulsion is obtained by means of, but not limited to, mind altering drugs, hypnosis or the claim that sexual activity is part of the treatment, in the course of the patient performing any sexual activities with the counseling professional.

538.407. 1. An employer of a psychotherapist may be liable pursuant to section 538.405 of this act if:

(1) The employer fails or refuses to take reasonable action when the employer knows, or by the exercise of due diligence should know, that the psychotherapist engaged in sexual contact with the plaintiff or any other patient or former patient of the psychotherapist; or

(2) The employer fails, or refuses, to make inquiries of an employer or former employer, whose name and address have been disclosed to the employer and who employed the psychotherapist as a psychotherapist within the last five years, concerning the occurrence of sexual contacts by the psychotherapist with patients or former patients of the psychotherapist.

2. An employer or former employer of a psychotherapist may be liable pursuant to section 538.405 of this act if the employer or former employer:

(1) Knows, or by the exercise of due diligence should know, of the occurrence of sexual contact by the psychotherapist with patients or former patients of the psychotherapist;

(2) Receives a specific written request by another employer or prospective employer of the psychotherapist, engaged in the business of psychotherapy, concerning the existence or nature of the sexual contact; and

(3) Fails or refuses to disclose the occurrence of the sexual contacts.

3. An employer or former employer may be liable pursuant to section 538.405 of this act only to the extent that the failure or refusal to take any action required by subsections 1 or 2 of this section was a proximate and actual cause of any damages sustained by the claimant.

4. No cause of action arises, nor may a licensing board in this state take disciplinary action, against a psychotherapist's employer or former employer who by the exercise of due diligence complies with the provisions of this section.

538.410. 1. In an action for sexual exploitation, evidence of the plaintiff's sexual history is not subject to discovery except when:

(1) The plaintiff claims damage to sexual functioning; or

(2) The defendant requests a hearing prior to trial and makes an offer of proof of the relevancy of the history; and

(3) The court finds that the history is relevant and that the probative value of the history outweighs its prejudicial effect.

2. The court shall allow the discovery only of specific information or examples of the plaintiff's conduct that are determined by the court to be relevant. The court's order shall detail the information or conduct that is subject to discovery.

538.412. 1. In an action for sexual exploitation, evidence of the plaintiff's sexual history is not admissible except when:

(1) The defendant requests a hearing prior to trial and makes an offer of proof of the relevancy of the history; and

(2) The court finds that the history is relevant and that the probative value of the history outweighs its prejudicial effect.

2. The court shall allow the admission only of specific information or examples of the plaintiff's conduct that are determined by the court to be relevant. The court's order shall detail the information or conduct that is admissible and no other such evidence may be introduced.

3. Any violation of the terms of the court's order may be grounds for a new trial.

538.417. An action for sexual exploitation shall be commenced within five years after the cause of action arises."; and

Further amend the title and enacting clause accordingly.

Senator Howard moved that the above amendment be adopted, which motion failed.

Senator Howard offered SA 12:

SENATE AMENDMENT NO. 12

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 8, Section 324.225, Line 7, by inserting immediately after all of said line the following:

"324.228. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated by the division of professional registration to administer and enforce sections 324.200 to 324.225, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 10, Section 324.245, Line 14, by inserting immediately after all of said line the following:

"3. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated to administer and enforce sections 324.240 to 324.275, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 17, Section 329.140, Line 79, by inserting immediately after all of said line the following:

"329.210. 1. The board shall have power to:

(1) Prescribe by rule for the examinations of applicants for licensure to practice the classified occupation of cosmetology and issue licenses;

(2) Prescribe by rule for the inspection of cosmetology establishments and schools and appoint the necessary inspectors and examining assistants;

(3) Prescribe by rule for the inspection of establishments and schools of cosmetology by persons licensed in cosmetology as to their sanitary conditions and to appoint the necessary inspectors and, if necessary, examining assistants; and set the amount of the fees which this chapter authorizes and requires, by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level sufficient to produce revenue which shall not substantially exceed the cost and expense of administering this chapter;

(4) Employ and remove board personnel, as defined in subdivision (4) of subsection 15 of section 620.010, RSMo, as may be necessary for the efficient operation of the board, within the limitations of its appropriation;

(5) Elect one of its members president, one vice president and one secretary; and

(6) Determine the sufficiency of the qualifications of applicants.

2. The board shall create no expense exceeding the sum received from time to time from fees imposed pursuant to this chapter.

3. [No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.] Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 18, Section 330.010, Line 27, by inserting immediately after all of said line the following:

"330.045. Every applicant for a permanent license as a podiatrist shall provide the state board of podiatry with satisfactory evidence of having successfully completed such post-graduate training in hospitals and such other clinical and surgical settings as the board may prescribe by rule. [No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.]

330.140. 1. The board shall elect one of its members president, one vice president, and one secretary. The board shall have the power to promulgate rules and regulations necessary to administer and enforce the provisions of this chapter and to adopt and use a common seal. The board shall create no expenses exceeding the sum received from time to time as fees provided by law.

2. The board shall set the amount of the fees which this chapter authorizes and requires by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering this chapter.

[3. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.] Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 24, Section 334.742, Line 5, by inserting immediately after all of said line the following:

"334.743. [No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.] Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated to administer and enforce sections 334.735 to 334.749, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 37, Section 337.045, Line 69, by inserting immediately after all of said line the following:

"337.050. 1. There is hereby created and established a "State Committee of Psychologists", which shall consist of seven licensed psychologists and one public member. The state committee of psychologists existing on August 28, 1989, is abolished. Nothing in this section shall be construed to prevent the appointment of any current member of the state committee of psychologists to the new state committee of psychologists created on August 28, 1989.

2. Appointments to the committee shall be made by the governor upon the recommendations of the director of the department, upon the advice and consent of the senate. The department, prior to submitting nominations, shall solicit nominees from professional psychological associations and licensed psychologists in the state. The term of office for committee members shall be five years, and committee members shall not serve more than ten years. No person who has previously served on the committee for ten years shall be eligible for appointment. In making initial appointments to the committee, the governor shall stagger the terms of the appointees so that two members serve initial terms of two years, two members serve initial terms of three years, and two members serve initial terms of four years.

3. Each committee member shall be a resident of the state of Missouri for one year, shall be a United States citizen, and shall, other than the public member, have been licensed as a psychologist in this state for at least three years. Committee members shall reflect a diversity of practice specialties. To ensure adequate representation of the diverse fields of psychology, the committee shall consist of at least two psychologists who are engaged full time in the doctoral teaching and training of psychologists, and at least two psychologists who are engaged full time in the professional practice of psychology. In addition, the first appointment to the committee shall include at least one psychologist who shall be licensed on the basis of a master's degree who shall serve a full term of five years. Nothing in sections 337.010 to 337.090 shall be construed to prohibit full membership rights on the committee for psychologists licensed on the basis of a master's degree. If a member of the committee shall, during the member's term as a committee member, remove the member's domicile from the state of Missouri, then the committee shall immediately notify the director of the division, and the seat of that committee member shall be declared vacant. All such vacancies shall be filled by appointment of the governor with the advice and consent of the senate, and the member so appointed shall serve for the unexpired term of the member whose seat has been declared vacant.

4. The public member shall be at the time of the public member's appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated pursuant to sections 337.010 to 337.093 or the spouse of such person; and a person who does not have and never has had a material, financial interest in either the providing of the professional services regulated by sections 337.010 to 337.093, or an activity or organization directly related to any profession licensed or regulated pursuant to sections 337.010 to 337.093. The duties of the public member shall not include the determination of the technical requirements to be met for licensure or whether any person meets such technical requirements or of the technical competence or technical judgment of a licensee or a candidate for licensure.

5. The committee shall hold a regular annual meeting at which it shall select from among its members a chairperson and a secretary. A quorum of the committee shall consist of a majority of its members. In the absence of the chairperson, the secretary shall conduct the office of the chairperson.

6. Each member of the committee shall receive, as compensation, an amount set by the division not to exceed fifty dollars for each day devoted to the affairs of the committee and shall be entitled to reimbursement for necessary and actual expenses incurred in the performance of the member's official duties.

7. Staff for the committee shall be provided by the director of the department of economic development, through the director of the division of professional registration.

8. The governor may remove any member of the committee for misconduct, inefficiency, incompetency, or neglect of office.

9. In addition to the powers set forth elsewhere in sections 337.010 to 337.090, the division may adopt rules and regulations, not otherwise inconsistent with sections 337.010 to 337.090, to carry out the provisions of sections 337.010 to 337.090. No rule shall be adopted except in accordance with the procedures set forth in chapter 536, RSMo. The committee may promulgate, by rule, "Ethical Rules of Conduct" governing the practices of psychology which rules shall be based upon the ethical principles promulgated and published by the American Psychological Association.

10. [No rule or portion of a rule promulgated under the authority of sections 337.010 to 337.090 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.] Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated to administer and enforce sections 337.010 to 337.090, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act.

11. The committee may sue and be sued in its official name, and shall have a seal which shall be affixed to all certified copies or records and papers on file, and to such other instruments as the committee may direct. All courts shall take judicial notice of such seal. Copies of records and proceedings of the committee, and of all papers on file with the division on behalf of the committee certified under the seal shall be received as evidence in all courts of record.

12. When applying for a renewal of a license pursuant to section 337.030, each licensed psychologist shall submit proof of the completion of at least forty hours of continuing education credit within the two-year period immediately preceding the date of the application for renewal of the license. The type of continuing education to be considered shall include, but not be limited to:

(1) Attending recognized educational seminars, the content of which are primarily psychological, as defined by rule;

(2) Attending a graduate level course at a recognized educational institution where the contents of which are primarily psychological, as defined by rule;

(3) Presenting a recognized educational seminar, the contents of which are primarily psychological, as defined by rule;

(4) Presenting a graduate level course at a recognized educational institution where the contents of which are primarily psychological, as defined by rule; and

(5) Independent course of studies, the contents of which are primarily psychological, which have been approved by the committee and defined by rule. The committee shall determine by administrative rule the amount of training, instruction, self instruction or teaching that shall be counted as an hour of continuing education credit."; and

Further amend said bill, Page 56, Section 339.532, Line 95, by inserting immediately after all of said line the following:

"339.544. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated by the commission to administer and enforce sections 339.500 to 339.549, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 70, Section 339.830, Line 6, by inserting immediately after all of said line the following:

"339.850. [The commission shall adopt and promulgate rules and regulations to carry out sections 339.710 to 339.860. No rule or portion of a rule promulgated pursuant to the authority of sections 339.710 to 339.860 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.] Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated to administer and enforce sections 339.710 to 339.860, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. All rulemaking authority delegated prior to the effective date of this act is of no force and effect and repealed as of the effective date of this act, however nothing in this act shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 70, Section 339.855, Line 5, by inserting immediately after the word "severable" the following: "; however nothing in this section shall be construed to affect the nonseverable grant of rulemaking authority in section 339.850"; and

Further amend said bill, Page 76, Section 5, Lines 9-12, by striking all of said lines and inserting in lieu thereof the following: "as are necessary to administer the provisions of sections 1 to 14 of this act. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated to administer and enforce sections 1 to 14 of this act, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend said bill, Page 82, Section 17, Lines 31-33, by striking all of said lines and inserting in lieu thereof the following:

"5. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated to administer and enforce sections 15 to 23 of this act, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after the effective date of this act. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to the effective date of this act."; and

Further amend the title and enacting clause accordingly.

Senator Howard moved that the above amendment be adopted, which motion prevailed.

Senator Sims offered SA 13:

SENATE AMENDMENT NO. 13

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Section 324.200.2.(6), Page 2, Line 18, following the word "therapies." to include the following: "Medical nutrition therapy shall not be construed to permit a licensed dietitian to diagnose any medical condition, nor shall medical nutrition therapy be construed to permit a licensed dietitian to treat illness or injury except upon the referral of a physician licensed pursuant to Chapter 334, RSMo.".

Senator Sims moved that the above amendment be adopted, which motion prevailed.

Senator Flotron offered SA 14:

SENATE AMENDMENT NO. 14

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 37, Section 337.045, Line 69, by inserting immediately after said line the following:

"338.055. 1. The board may refuse to issue any certificate of registration or authority, permit or license required pursuant to this chapter for one or any combination of causes stated in subsection 2 of this section. The board shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of his right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo.

2. The board may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any certificate of registration or authority, permit or license required by this chapter or any person who has failed to renew or has surrendered his certificate of registration or authority, permit or license for any one or any combination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to perform the work of any profession licensed or regulated by this chapter;

(2) The person has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any profession licensed or regulated under this chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any certificate of registration or authority, permit or license issued pursuant to this chapter or in obtaining permission to take any examination given or required pursuant to this chapter;

(4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;

(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed or regulated by this chapter;

(6) Violation of, or assisting or enabling any person to violate, any provision of this chapter, or of any lawful rule or regulation adopted pursuant to this chapter;

(7) Impersonation of any person holding a certificate of registration or authority, permit or license or allowing any person to use his or her certificate of registration or authority, permit, license or diploma from any school;

(8) Disciplinary action against the holder of a license or other right to practice any profession regulated by this chapter granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;

(9) A person is finally adjudged incapacitated by a court of competent jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice any profession licensed or regulated by this chapter who is not registered and currently eligible to practice under this chapter;

(11) Issuance of a certificate of registration or authority, permit or license based upon a material mistake of fact;

(12) Failure to display a valid certificate or license if so required by this chapter or any rule promulgated hereunder;

(13) Violation of any professional trust or confidence;

(14) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;

(15) Violation of the drug laws or rules and regulation of this state, any other state or the federal government;

(16) The intentional act of substituting or otherwise changing the content, formula or brand of any drug prescribed by written or oral prescription without prior written or oral approval from the prescriber for the respective change in each prescription; provided, however, that nothing contained herein shall prohibit a pharmacist from substituting or changing the brand of any drug as provided under section 338.056, and any such substituting or changing of the brand of any drug as provided for in section 338.056 shall not be deemed unprofessional or dishonorable conduct unless a violation of section 338.056 occurs.

3. After the filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds, provided in subsection 2, for disciplinary action are met, the board may, singly or in combination, censure or place the person named in the complaint on probation on such terms and conditions as the board deems appropriate for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke the license, certificate, or permit. The board may impose additional discipline on a licensee, registrant or permittee found to have violated any disciplinary terms previously imposed under this section or by agreement. The additional discipline may include, singly or in combination, censure, placing the licensee, registrant or permittee named in the compliant on additional probation on such terms and conditions as the board deems appropriate, which additional probation shall not exceed five years, or suspension for a period not to exceed three years, or revocation of the license, certificate or permit.

4. If the board concludes that a pharmacist has committed an act or is engaging in a course of conduct which would be grounds for disciplinary action which constitutes a clear and present danger to the public health and safety, the board may file a complaint before the administrative hearing commission requesting an expedited hearing and specifying the activities which give rise to the danger and the nature of the proposed restriction or suspension of the pharmacist's license. Within fifteen days after service of the complaint on the pharmacist, the administrative hearing commission shall conduct a preliminary hearing to determine whether the alleged activities of the pharmacist appear to constitute a clear and present danger to the public health and safety which justify that the pharmacist's license be immediately restricted or suspended. The burden of proving that a pharmacist is a clear and present danger to the public health and safety shall be upon the state board of pharmacy. The administrative hearing commission shall issue its decision immediately after the hearing and shall either grant to the board the authority to suspend or restrict the license or dismiss the action.

5. If the administrative hearing commission grants temporary authority to the board to restrict or suspend the pharmacist's license, such temporary authority of the board shall become final authority if there is no request by the pharmacist for a full hearing within thirty days of the preliminary hearing. The administrative hearing commission shall, if requested by the pharmacist named in the complaint, set a date to hold a full hearing under the provisions of chapter 621, RSMo, regarding the activities alleged in the initial complaint filed by the board.

6. If the administrative hearing commission dismisses the action filed by the board pursuant to subsection 4 of this section, such dismissal shall not bar the board from initiating a subsequent action on the same grounds."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted, which motion prevailed.

Senator Flotron offered SA 15:

SENATE AMENDMENT NO. 15

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 85, Section 23, Line 23, by inserting immediately after said line the following:

"1. Nothing in sections 190.001 to 190.245, or any regulations promulgated pursuant to sections 190.001 to 190.245, shall be construed to authorize or require the provision of emergency service or medical treatment to any person who objects thereto on religious grounds, or to authorize or require the transportation of such person to any hospital or health care facility; provided further, nothing in such sections or regulations shall be construed to prohibit an ambulance service from transporting a person to such hospital, health care facility or institution for the care and treatment of the sick operated by and for those who rely on spiritual means alone for healing in accordance with the creed or tenets of a recognized church or religious denomination, as that person may choose.".

Senator Flotron moved that the above amendment be adopted, which motion prevailed.

Senator Flotron offered SA 16:

SENATE AMENDMENT NO. 16

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 85, Section 23, Line 25, by inserting immediately after said line the following:

"Section 1. Sections 1 to 11 of this act apply to all group and individual life insurance policies and certificates except:

(1) Variable life insurance;

(2) Individual and group annuity contracts;

(3) Credit life insurance;

(4) Policies written by a company with less than twenty-five million dollars in annual direct written life insurance premiums;

(5) Life insurance policies with no illustrated death benefits on any individual exceeding ten thousand dollars;

(6) Life insurance policies containing guaranteed elements exclusively; or

(7) Single premium policies.

Section 2. As used in sections 1 to 11 of this act, the following terms shall mean:

(1) "Actuarial standards board", the board established by the American Academy of Actuaries to develop and promulgate standards of actuarial practice;

(2) "Contract premium", the gross premium that is required to be paid under a fixed premium policy, including the premium for a rider for which benefits are shown in the illustration;

(3) "Currently payable scale", a scale of nonguaranteed elements in effect for a policy form as of the preparation date of the illustration or declared to become effective within the next ninety-five days;

(4) "Disciplined current scale", a scale of nonguaranteed elements constituting a limit on illustrations currently being illustrated by an insurer that is reasonably based on actual recent historical experience, as certified annually by an illustration actuary designated by the insurer. Further guidance in determining the disciplined current scale as contained in standards established by the actuarial standards board may be relied upon if the standards:

(a) Are consistent with sections 1 to 11 of this act;

(b) Limit a disciplined current scale to reflect only actions that have already been taken or events that have already occurred;

(c) Do not permit a disciplined current scale to include any projected trends of improvements in experience or any assumed improvements in experience beyond the illustration date; and

(d) Do not permit assumed expenses to be less than minimum assumed expenses;

(5) "Generic name", a short title descriptive of the policy being illustrated such as "whole life", "term life" or "flexible premium adjustable life";

(6) "Guaranteed elements", the premiums, benefits, values, credits or charges under a policy of life insurance that are guaranteed and determined at issue;

(7) "Illustrated scale", a scale of nonguaranteed elements currently being illustrated that is not more favorable to the policy owner than the lesser of:

(a) The disciplined current scale; or

(b) The currently payable scale;

(8) "Illustration", a presentation or depiction that includes nonguaranteed elements of a policy of life insurance over a period of years and that is one of the three types defined below:

(a) "Basic illustration", a ledger or proposal used in the sale of a life insurance policy that shows both guaranteed and nonguaranteed elements;

(b) "Supplemental illustration", an illustration furnished in addition to a basic illustration that meets the applicable requirements of sections 1 to 11 of this act, and that may be presented in a format differing from the basic illustration, but may only depict a scale of nonguaranteed elements that is permitted in a basic illustration;

(c) "In force illustration", an illustration furnished at any time after the policy that it depicts has been in force for one year or more;

(9) "Illustration actuary", an actuary meeting the requirements of section 9 of this act who certifies to illustrations based on the standard practice promulgated by the actuarial standards board;

(10) "Lapse-supported illustration", an illustration of a policy form failing the test of self-supporting illustration as defined in subdivision (16) of this section, under a modified persistency rate assumption using persistency rates underlying the disciplined current scale for the first five years and one hundred percent policy persistency thereafter;

(11) "Minimum assumed expenses", the minimum expenses that may be used in the calculation of the disciplined current scale for a policy form. The insurer may choose to designate each year the method of determining assumed expenses for all policy forms from the following:

(a) Fully allocated expenses;

(b) Marginal expenses; and

(c) A generally recognized expense table on fully allocated expenses representing a significant portion of insurance companies and approved by the National Association of Insurance Commissioners.

Marginal expenses may be used only if greater than a generally recognized expense table. If no generally recognized expense table is approved, fully allocated expenses shall be used;

(12) "Nonguaranteed elements", the premiums, benefits, values, credits or charges under a policy of life insurance that are not guaranteed or not determined at issue;

(13) "Nonterm group life", a group policy or individual policies of life insurance issued to members of an employer group or other permitted group where:

(a) Every plan of coverage was selected by the employer or other group representative;

(b) Some portion of the premium is paid by the group or through payroll deduction; and

(c) Group underwriting or simplified underwriting is used;

(14) "Policy owner", the owner named in the policy or the certificate holder in the case of a group policy;

(15) "Premium outlay", the amount of premium assumed to be paid by the policy owner or other premium payer out-of-pocket;

(16) "Self-supporting illustration", an illustration of a policy form for which it can be demonstrated that, when using experience assumptions underlying the disciplined current scale, for all illustrated points in time on or after the fifteenth policy anniversary or the twentieth policy anniversary for second-or-later-to-die policies, or upon policy expiration if sooner, the accumulated value of all policy cash flows equals or exceeds the total policy owner value available. For this purpose, policy owner value shall include cash surrender values and any other illustrated benefit amounts available at the policy owner's election.

Section 3. 1. Each insurer marketing policies to which sections 1 to 11 of this act are applicable shall notify the director of the department of insurance whether a policy form is to be marketed with or without an illustration. For all policy forms being actively marketed on August 28, 1998, the insurer shall identify in writing those forms and whether or not an illustration will be used with them. For policy forms filed after August 28, 1998, the identification shall be made at the time of filing. Any previous identification may be changed by notice to the director of the department of insurance.

2. If the insurer identifies a policy form as one to be marketed without an illustration, any use of an illustration for any policy using that form prior to the first policy anniversary is prohibited.

3. If a policy form is identified by the insurer as one to be marketed with an illustration, a basic illustration prepared and delivered in accordance with sections 1 to 11 of this act is required, except that a basic illustration need not be provided to individual members of a group or to individuals insured under multiple lives coverage issued to a single applicant unless the coverage is marketed to these individuals. The illustration furnished an applicant for a group life insurance policy or policies issued to a single applicant on multiple lives may be either an individual or composite illustration representative of the coverage on the lives of members of the group or the multiple lives covered.

4. Potential enrollees of nonterm group life subject to sections 1 to 11 of this act shall be furnished a quotation with the enrollment materials. The quotation shall show potential policy values for sample ages and policy years on a guaranteed and nonguaranteed basis appropriate to the group and the coverage. This quotation shall not be considered an illustration for purposes of sections 1 to 11 of this act, but all information provided shall be consistent with the illustrated scale. A basic illustration shall be provided at delivery of the certificate to enrollees for nonterm group life who enroll for more than the minimum premium necessary to provide pure death benefit protection. In addition, the insurer shall make a basic illustration available to any nonterm group life enrollee who requests it.

Section 4. 1. An illustration used in the sale of a life insurance policy shall satisfy the applicable requirements of sections 1 to 11 of this act, be clearly labeled "life insurance illustration" and contain the following basic information:

(1) Name of insurer;

(2) Name and business address of producer or insurer's authorized representative, if any;

(3) Name, age and sex of proposed insured, except where a composite illustration is permitted pursuant to sections 1 to 11 of this act;

(4) Underwriting or rating classification upon which the illustration is based;

(5) Generic name of policy, the company product name, if different, and form number;

(6) Initial death benefit; and

(7) Dividend option election or application of nonguaranteed elements, if applicable.

2. When using an illustration in the sale of a life insurance policy, an insurer or its producers or other authorized representatives shall not:

(1) Represent the policy as anything other than a life insurance policy;

(2) Use or describe nonguaranteed elements in a manner that is misleading or has the capacity or tendency to mislead;

(3) State or imply that the payment or amount of nonguaranteed elements is guaranteed;

(4) Use an illustration that does not comply with the requirements of sections 1 to 11 of this act;

(5) Use an illustration that at any policy duration depicts policy performance more favorable to the policy owner than that produced by the illustrated scale of the insurer whose policy is being illustrated;

(6) Provide an applicant with an incomplete illustration;

(7) Represent in any way that premium payments will not be required for each year of the policy in order to maintain the illustrated death benefits, unless that is the fact;

(8) Use the term "vanish" or "vanishing premium", or a similar term that implies the policy becomes paid up, to describe a plan for using nonguaranteed elements to pay a portion of future premiums;

(9) Except for policies that can never develop nonforfeiture values, use an illustration that is "lapse-supported"; or

(10) Use an illustration that is not "self-supporting".

3. If an interest rate used to determine the illustrated nonguaranteed elements is shown, it shall not be greater than the earned interest rate underlying the disciplined current scale.

Section 5. 1. A basic illustration shall conform with the following requirements:

(1) The illustration shall be labeled with the date on which it was prepared;

(2) Each page, including any explanatory notes or pages, shall be numbered and show its relationship to the total number of pages in the illustration;

(3) The assumed dates of payment receipt and benefit pay-out within a policy year shall be clearly identified;

(4) If the age of the proposed insured is shown as a component of the tabular detail, it shall be issue age plus the numbers of years the policy is assumed to have been in force;

(5) The assumed payments on which the illustrated benefits and values are based shall be identified as premium outlay or contract premium, as applicable. For policies that do not require a specific contact premium, the illustrated payments shall be identified as premium outlay;

(6) Guaranteed death benefits and values available upon surrender, if any, for the illustrated premium outlay or contract premium shall be shown and clearly labeled guaranteed;

(7) If the illustration shows any nonguaranteed elements, they cannot be based on a scale more favorable to the policy owner than the insurer's illustrated scale at any duration. These elements shall be clearly labeled nonguaranteed;

(8) The guaranteed elements, if any, shall be shown before corresponding nonguaranteed elements and shall be specifically referred to on any page of an illustration that shows or describes only the nonguaranteed elements;

(9) The account or accumulation value of a policy, if shown, shall be identified by the name this value is given in the policy being illustrated and shown in close proximity to the corresponding value available upon surrender;

(10) The value available upon surrender shall be identified by the name this value is given in the policy being illustrated and shall be the amount available to the policy owner in a lump sum after deduction of surrender charges, policy loans and policy loan interest as applicable;

(11) Illustrations may show policy benefits and values in graphic or chart form in addition to the tabular form;

(12) Any illustration of nonguaranteed elements shall be accompanied by a statement indicating that:

(a) The benefits and values are not guaranteed;

(b) The assumptions on which they are based subject to change by the insurer; and

(c) Actual results may be more or less favorable;

(13) If the illustration shows that the premium payer may have the option to allow policy charges to be paid using nonguaranteed values, the illustration shall clearly disclose that a charge continues to be required and that, depending on actual results, the premium payer may need to continue or resume premium outlays. Similar disclosure shall be made for premium outlay of lesser amounts or shorter durations than the contract premium. If a contract premium is due, the premium outlay display shall not be left blank or show zero unless accompanied by an asterisk or similar mark to draw attention to the fact that the policy is not paid up;

(14) If the applicant plans to use dividends or policy values, guaranteed or nonguaranteed, to pay all or a portion of the contract premium or policy charges, or for any other purpose, the illustration may reflect those plans and the impact on future policy benefits and values.

2. A basic illustration shall include the following:

(1) A brief description of the policy being illustrated, including a statement that it is a life insurance policy;

(2) A brief description of the premium outlay or contract premium, as applicable, for the policy. For a policy that does not require payment of a specific contract premium, the illustration shall show the premium outlay that shall be paid to guarantee coverage for the term of the contract, subject to maximum premiums allowable to qualify as a life insurance policy pursuant to the applicable provisions of the Internal Revenue Code;

(3) A brief description of any policy features, riders or options, guaranteed or nonguaranteed, shown in the basic illustration and the impact they may have on the benefits and values of the policy;

(4) Identification and a brief definition of column headings and key terms used in the illustration; and

(5) A statement containing in substance the following: "This illustration assumes that the currently illustrated nonguaranteed elements will continue unchanged for all years shown. This is not likely to occur, and actual results may be more or less favorable than those shown.".

3. Following the narrative summary, a basic illustration shall include a numeric summary of the death benefits and values and the premium outlay and contract premium, as applicable. For a policy that provides for a contract premium, the guaranteed death benefits and values shall be based on the contract premium. This summary shall be shown for at least policy years five, ten and twenty and at age seventy, if applicable, on the three bases shown in subdivisions (1) to (3) of this subsection. For multiple life policies the summary shall show policy years five, ten, twenty and thirty.

(1) Policy guarantees;

(2) Insurer's illustrated scale;

(3) Insurer's illustrated scale used but with the nonguaranteed elements reduced as follows:

(a) Dividends at fifty percent of the dividends contained in the illustrated scale used;

(b) Nonguaranteed credited interest at rates that are the average of the guaranteed rates and the rates contained in the illustrated scale used; and

(c) All nonguaranteed charges, including but not limited to, term insurance charges, mortality and expense charges, at rates that are the average of the guaranteed rates and the rates contained in the illustrated scale used.



In addition, if coverage would cease prior to policy maturity or age one hundred, the year in which coverage ceases shall be identified for each of the three bases.

4. Statements substantially similar to the following shall be included on the same page as the numeric summary and signed by the applicant, or the policy owner in the case of an illustration provided at time of delivery, as required in sections 1 to 11 of this act:

(1) A statement to be signed and dated by the applicant or policy owner reading as follows: "I have received a copy of this illustration and understand that any nonguaranteed elements illustrated are subject to change and could be either higher or lower. The agent has told me they are not guaranteed."; and

(2) A statement to be signed and dated by the insurance producer or other authorized representative of the insurer reading as follows: "I certify that this illustration has been presented to the applicant and that I have explained that any nonguaranteed elements illustrated are subject to change. I have made no statements that are inconsistent with the illustration.".

5. (1) A basic illustration shall include the following for at least each policy year from one to ten and for every fifth policy thereafter ending at age one hundred, policy maturity or final expiration; and except for term insurance beyond the twentieth year, for any year in which the premium outlay and contract premium, if applicable, is to change:

(a) The premium outlay and mode the applicant plans to pay and the contract premium, as applicable;

(b) The corresponding guaranteed death benefit, as provided in the policy; and

(c) The corresponding guaranteed value available upon surrender, as provided in the policy.

(2) For a policy that provides for a contract premium, the guaranteed death benefit and value available upon surrender shall correspond to the contract premium.

(3) Nonguaranteed elements may be shown if described in the contract. In the case of an illustration for a policy on which the insurer intends to credit terminal dividends, they may be shown if the insurer's current practice is to pay terminal dividends. If any nonguaranteed elements are shown, they shall be shown at the same durations as the corresponding guaranteed elements, if any. If no guaranteed benefit or value is available at any duration for which a nonguaranteed benefit or value is shown, a zero shall be displayed in the guaranteed column.

Section 6. 1. A supplemental illustration may be provided so long as:

(1) It is appended to, accompanied by or preceded by a basic illustration that complies with sections 1 to 11 of this act;

(2) The nonguaranteed elements shown are not more favorable to the policy owner than the corresponding elements based on the scale used in the basic illustration;

(3) It contains the same statement required of a basic illustration that nonguaranteed elements are not guaranteed; and

(4) For a policy that has a contract premium, the contract premium underlying the supplemental illustration is equal to the contract premium shown in the basic illustration. For policies that do not require a contract premium, the premium outlay underlying the supplemental illustration shall be equal to the premium outlay shown in the basic illustration.

2. The supplemental illustration shall include a notice referring to the basic illustration for guaranteed elements and other important information.

Section 7. 1. (1) If a basic illustration is used by an insurance producer or other authorized representative of the insurer in the sale of a life insurance policy and the policy is applied for as illustrated, a copy of that illustration, signed in accordance with sections 1 to 11 of this act, shall be submitted to the insurer at the time of policy application. A copy also shall be provided to the applicant.

(2) If the policy is issued other than as applied for, a revised basic illustration conforming to the policy as issued shall be sent with the policy. The revised illustration shall conform to the requirements of sections 1 to 11 of this act, shall be labeled "Revised Illustration" and shall be signed and dated by the applicant or policy owner and producer or other authorized representative of the insurer no later than the time the policy is delivered. A copy shall be provided to the insurer and the policy owner.

2. (1) If no illustration is used by an insurance producer or other authorized representative in the sale of a life insurance policy or if the policy is applied for other than as illustrated, the producer or representative shall certify to that effect in writing on a form provided by the insurer. On the same form the applicant shall acknowledge that no illustration conforming to the policy applied for was provided and shall further acknowledge an understanding that an illustration conforming to the policy as issued will be provided no later than at the time of policy delivery. This form shall be submitted to the insurer at the time of policy application.

(2) If the policy is issued, a basic illustration conforming to the policy as issued shall be sent with the policy and signed no later than the time the policy is delivered. A copy shall be provided to the insurer and the policy owner.

3. If the basic illustration or revised illustration is sent to the applicant or policy owner by mail from the insurer, it shall include instructions for the applicant or policy owner to sign the duplicate copy of the numeric summary page of the illustration for the policy issued and return the signed copy to the insurer. The insurer's obligation pursuant to this subsection shall be satisfied if it can demonstrate that it has made a diligent effort to secure a signed copy of the numeric summary page. The requirement to make a diligent effort shall be deemed satisfied if the insurer includes in the mailing a self-addressed postage prepaid envelope with instructions for the return of the signed numeric summary page.

4. A copy of the basic illustration and a revised basic illustration, if any, signed as applicable, along with any certification that either no illustration was used or that the policy was applied for other than as illustrated, shall be retained by the insurer until three years after the policy is no longer in force. A copy need not be retained if no policy is issued.

Section 8. 1. In the case of a policy designated as one for which illustrations will be used, the insurer shall provide each policy owner with an annual report on the status of the policy that shall contain at least the following information:

(1) For universal life policies, the report shall include the following:

(a) The beginning and end date of the current report period;

(b) The policy value at the end of the previous report period and at the end of the current report period;

(c) The total amounts that have been credited or debited to the policy value during the current report period, identifying each by type (e.g., interest, mortality, expense and riders);

(d) The current death benefit at the end of the current report period on each life covered by the policy;

(e) The net cash surrender value of the policy as of the end of the current report period;

(f) The amount of outstanding loans, if any, as of the end of the current report period; and

(g) For fixed premium policies if, assuming guaranteed interest, mortality and expense loads and continued scheduled premium payments, the policy's net cash surrender value is such that it would not maintain insurance in force until the end of the next reporting period, a notice to this effect shall be included in the report; or

(h) For flexible premium policies if, assuming guaranteed interest, mortality and expense loads, the policy's net cash surrender value will not maintain insurance in force until the end of the next reporting period unless further premium payments are made, a notice to this effect shall be included in the report.

(2) For all other policies, where applicable:

(a) Current death benefit;

(b) Annual contract premium;

(c) Current cash surrender value;

(d) Current dividend;

(e) Application of current dividend; and

(f) Amount of outstanding loan.

(3) Insurers writing life insurance policies that do not build nonforfeiture values shall only be required to provide an annual report with respect to these policies for those years when a change has been made to nonguaranteed policy elements by the insurer.

2. If the annual report does not include an in-force illustration, it shall contain the following notice displayed prominently: "IMPORTANT POLICY OWNER NOTICE: You should consider requesting more detailed information about your policy to understand how it may perform in the future. You should not consider replacement of your policy or make changes in your coverage without requesting a current illustration. You may annually request, without charge, such an illustration by calling. . . . . . . . . . . (insurer's phone number), writing to . . . . . . . . . (insurer's name) at . . . . . . . . . . . . . (insurer's address) or contacting your agent. If you do not receive a current illustration of your policy within thirty days from your request, you should contact your state insurance department." The insurer may vary the sequential order of the methods for obtaining an in-force illustration.

3. Upon the request of the policy owner, the insurer shall furnish an in-force illustration of current and future benefits and values based on the insurer's present illustrated scale. This illustration shall comply with the requirements of subsections 1 and 2 of section 4 of this act and subsections 1 and 5 of section 5 of this act. No signature or other acknowledgement of receipt of this illustration shall be required.

4. If an adverse change in nonguaranteed elements that could affect the policy has been made by the insurer since the last annual report, the annual report shall contain a notice of that fact and the nature of the change prominently displayed.

Section 9. 1. The board of directors of each insurer shall appoint one or more illustration actuaries.

2. The illustration actuary shall certify that the disciplined current scale used in illustrations is in conformity with the actuarial standard of practice for compliance with the NAIC model regulation of life insurance illustrations promulgated by the actuarial standards board, and that the illustrated scales used in insurer-authorized illustrations meet the requirements of sections 1 to 11 of this act.

3. The illustration actuary shall:

(1) Be a member in good standing of the American Academy of Actuaries;

(2) Be familiar with the standard of practice regarding life insurance policy illustrations;

(3) Not have been found by the director of the department of insurance, following appropriate notice and hearing to have:

(a) Violated any provision of, or any obligation imposed by, the insurance law or other law in the course of his or her dealings as an illustration actuary;

(b) Been found guilty of fraudulent or dishonest practices;

(c) Demonstrated his or her incompetence, lack of cooperation, or untrustworthiness to act as an illustration actuary; or

(d) Resigned or been removed as an illustration actuary within the past five years as a result of acts or omissions indicated in any adverse report on examination or as a result of a failure to adhere to generally acceptable actuarial standards;

(4) Not fail to notify the director of the department of insurance of any action taken by a commissioner or director of insurance of another state similar to that pursuant to subdivision (3) of this subsection;

(5) Disclose in the annual certification whether, since the last certification, a currently payable scale applicable for business issued within the previous five years and within the scope of the certification has been reduced for reasons other than changes in the experience factors underlying the disciplined current scale. If nonguaranteed elements illustrated for new policies are not consistent with those illustrated for similar in-force policies, this shall be disclosed in the annual certification. If nonguaranteed elements illustrated for both new and in-force policies are not consistent with the nonguaranteed elements actually being paid, charged or credited to the same or similar forms, this shall be disclosed in the annual certification; and

(6) Disclose in the annual certification the method used to allocate overhead expenses for all illustrations:

(a) Fully allocated expenses;

(b) Marginal expenses; or

(c) A generally recognized expense table based on fully allocated expenses representing a significant portion of insurance companies and approved by the director of the department of insurance.

4. (1) The illustration actuary shall file a certification with the board and with the director of the department of insurance:

(a) Annually for all policy forms for which illustrations are used; and

(b) Before a new policy form is illustrated.

(2) If an error in a previous certification is discovered, the illustration actuary shall notify the board of directors of the insurer and the director of the department of insurance promptly.

5. If an illustration actuary is unable to certify the scale for any policy form illustration the insurer intends to use, the actuary shall notify the board of directors of the insurer and the director of the department of insurance promptly of his or her inability to certify.

6. A responsible officer of the insurer, other than the illustration actuary, shall certify annually:

(1) That the illustration formats meet the requirements of sections 1 to 11 of this act and that the scales used in insurer-authorized illustrations are those scales certified by the illustration actuary; and

(2) That the company has provided its agents with information about the expense allocation method used by the company in its illustrations and disclosed as required in subdivision (6) of subsection 3 of this section.

7. The annual certifications shall be provided to the director of the department of insurance each year by a date determined by the insurer.

8. If an insurer changes the illustration actuary responsible for all or a portion of the company's policy forms, the insurer shall notify the director of the department of insurance of that fact promptly and disclose the reason for the change.

Section 10. In addition to any other penalties provided by the laws of this state, an insurer or producer that violates a requirement of sections 1 to 11 of this act shall be guilty of an unfair trade practice pursuant to sections 375.930 to 375.948, RSMo.

Section 11. Sections 1 to 11 of this act shall only apply to policies governed by sections 1 to 11 of this act which are marketed after January 1, 1999."; and

Further amend the title and enacting clause accordingly.

Senator Flotron moved that the above amendment be adopted, which motion prevailed.

Senator Maxwell offered SA 17:

SENATE AMENDMENT NO. 17

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 73, Section 1, Line 6, by striking the word "commercial"; and

Further amend said bill and page, section 2, line 1, by striking the word "commercial"; and

Further amend said bill, page 74, section 4, line 1, by striking the word "commercial"; and

Further amend said bill and section, page 75, line 42, by striking the word "commercial"; and

Further amend said bill, page 76, section 6, line 1, by striking the word "commercial"; and

Further amend said bill and page, section 7, line 2, by striking the word "commercial"; and further amend line 4, by striking the word "commercial"; and

Further amend said bill, page 77, section 8, line 4, by striking the word "commercial"; and

Further amend said bill, page 77, section 10, line 2, by striking the word "commercial"; and further amend line 3, by striking the word "commercial"; and

Further amend said bill and page, section 11, line 1, by striking the word "commercial"; and

Further amend said bill, page 78, section 11, line 4, by striking the word "commercial"; and

Further amend said bill, page 78, section 12, line 1, by striking the word "commercial"; and further amend line 4, by striking the word "commercial".

Senator Maxwell moved that the above amendment be adopted.

Senator Schneider offered SSA 1 for SA 17, which was read:

SENATE SUBSTITUTE AMENDMENT NO. 1 FOR SENATE AMENDMENT NO. 17

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Pages 72-79, Sections 1 to 14, by striking all of said sections.

Senator Schneider moved that the above substitute amendment be adopted.

At the request of Senator Schneider, SSA 1 for SA 17 was withdrawn.

At the request of Senator Maxwell, SA 17 was withdrawn.

Senator Jacob offered SA 18:

SENATE AMENDMENT NO. 18

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 1, In the Title, Line 7, by deleting the word and number "and 339.830" and inserting in lieu thereof the following: ", 339.830 and 630.405"; and

Further amend said bill, Page 1, In the Title, Line 8, by deleting the word "ninety-nine" and inserting in lieu thereof the words "one hundred eleven"; and

Further amend said bill, Page 2, Section A, Line 6, by deleting the word and number "and 339.830" and inserting in lieu thereof the following: ", 339.830 and 630.405" and further amend said line by deleting the word "ninety-nine" and inserting in lieu thereof the words "one hundred eleven"; and

Further amend said bill, Page 2, Section A, Line 15, by inserting after the number "620.149," the number "630.405,"; and

Further amend said bill, Page 2, Section A, Line 16, by deleting the word and number "and 23" and inserting in lieu thereof the following: ", 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34"; and

Further amend said bill, Page 72, Section 620.150, Line 22, by inserting after all of said line the following:

"630.405. 1. The department may purchase services for patients, residents or clients from private and public vendors in this state with funds appropriated for this purpose.

2. Services that may be purchased may include prevention, diagnosis, evaluation, treatment, habilitation, rehabilitation, transportation and other special services for persons affected by mental disorders, mental illness, mental retardation, developmental disabilities or alcohol or drug abuse.

3. For each state fiscal year a negotiated trend factor shall be applied to each facility's per diem and unit of service reimbursement rate. A single trend factor shall be determined through negotiations between the department and the affected providers and is intended to hold the providers harmless against increases in cost. In no circumstance shall the negotiated trend factor to be applied to state funds exceed the consumer price index for medical care developed by the U.S. Bureau of Labor Statistics for that year. The provisions of this subsection shall apply to fiscal year 2000 and thereafter.

[3.] 4. The commissioner of administration, in consultation with the director, shall promulgate rules establishing procedures consistent with the usual state purchasing procedures under chapter 34, RSMo, for the purchase of services under this section. The commissioner may authorize the department to purchase any technical service which, in his judgment, can best be purchased direct under chapter 34, RSMo. The commissioner shall cooperate with the department to purchase timely services appropriate to the needs of the patients, residents or clients of the department.

[4. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.]

5.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority delegated in this section shall become effective only if it has been promulgated pursuant to the provisions of chapter 536, RSMo. All rulemaking authority delegated prior to the effective date of this section is of no force and effect and repealed; however, nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to the effective date of this section if it fully complied with the provisions of chapter 536, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after the effective date of this section shall be invalid and void."; and

Further amend said bill, Page 85, Section 23, Line 25, by inserting after all of said line the following:

"Section 24. As used in sections 24 to 34 of this act, the following terms mean:

(1) "Addictions counseling", the observation, description, evaluation, interpretation and modification of human behavior as it relates to the harmful or pathological use or abuse of alcohol and other drugs by the application of the core functions as defined in subdivision (3) of this section; except that, the provisions of this subdivision shall not be construed to include diagnosing mental diseases. The practice of addictions counseling includes the following activities, regardless of whether the counselor receives compensation for the activities:

(a) Assisting individuals or groups who use alcohol or other drugs or engage in addictive behaviors, evaluating the same and recognizing addiction of the above if it exists;

(b) Assisting individuals or groups with addiction problems to gain insight and motivation aimed at resolving such problems;

(c) Providing experienced professional guidance, assistance and support for the individual's efforts to develop and maintain a responsible and functional lifestyle;

(d) Individual treatment planning to prevent relapse;

(e) Addiction prevention and other education for individuals and groups;

(f) Consultation with other professions;

(g) Recognition of problems outside the scope of the counselor's training skills or competence and referring the client to other appropriate professional care;

(h) Providing the above services, as needed, to family members or others affected by someone who is addicted; and

(i) Any other services that are not limited by another scope of practice as defined by the International Counselors Reciprocity Consortium;

(2) "Board", the state board for professional addictions counselors, established in section 34 of this act;

(3) "Core functions", the following services provided in addictions treatment:

(a) "Assessment", those procedures by which a counselor identifies and evaluates an individual's strengths, weaknesses, problems and needs for the development of the treatment plan;

(b) "Case management", activities which bring services, agencies, resources or people together within a planned framework of action toward the achievement of established goals;

(c) "Client education", the provision of information to clients who are receiving or seeking counseling concerning addiction problems and the available services and resources;

(d) "Consultation with other professions", communicating with other professions in regard to client treatment and services to assure comprehensive, quality care for the client;

(e) "Counseling", the utilization of special skills to assist individuals, families or groups in achieving objectives through exploration of a problem and its ramifications; examination of attitudes and feelings; consideration of alternative solutions; and decision making;

(f) "Intake", the administrative and initial assessment procedures for admission to a program;

(g) "Orientation", describing to the client the general nature and goals of the program; rules governing client conduct and infractions that can lead to disciplinary action or discharge from the program; in a nonresidential program, the hours during which services are available; treatment costs to be borne by the client, if any; and client's rights;

(h) "Referral", identifying the needs of the client which cannot be met by the counselor or agency and assisting the client to utilize the support systems and available community resources;

(i) "Reports and recordkeeping", charting the results of the assessment and treatment plan, writing reports, progress notes, discharge summaries and other client-related data;

(j) "Screening", the process by which a client is determined appropriate and eligible for admission to a particular program;

(k) "Treatment planning", those procedures by which the counselor and the client identify and rank problems needing resolution; establish agreed upon immediate and long-term goals; and decide on a treatment process and the sources to be utilized;

(4) "Department", the Missouri department of economic development;

(5) "Director", the director of the division of professional registration in the department of economic development;

(6) "Division", the division of professional registration;

(7) "Fund", the professional addictions counselors' fund created in section 28 of this act;

(8) "Licensed professional addictions counselor", a person to whom a license has been issued pursuant to the provisions of sections 24 to 34 of this act, whose license is in force and not suspended or revoked.

Section 25. No person shall engage in the professional practice of addictions counseling unless the person is licensed as a professional addictions counselor pursuant to sections 24 to 34 of this act or certified as a substance abuse counselor. Sections 24 to 34 of this act shall not apply to:

(1) Any person who does not represent to the public, or health care financing agencies, directly or indirectly, that the person is licensed or certified pursuant to sections 24 to 34 of this act and does not use any name, title or designation indicating that the person is licensed pursuant to sections 24 to 34 of this act;

(2) Activities or services of:

(a) A licensed physician;

(b) A licensed psychologist;

(c) A licensed social worker;

(d) A licensed professional counselor;

(e) A religious leader of a congregation providing pastoral alcohol and drug counseling within the scope of his or her duties; or

(f) A school counselor certified by the department of elementary and secondary education;

(3) Activities and services of students, interns or residents in professional addictions counseling seeking to fulfill educational requirements in order to qualify for a license or certification pursuant to sections 24 to 34 of this act, or an individual seeking to fulfill the post-degree experience requirements in order to qualify for licensing pursuant to sections 24 to 34 of this act, if the activities and services are supervised by a qualified addictions professional or a professional addictions counselor licensed pursuant to sections 24 to 34 of this act, and the student, intern or resident is designated by a title "intern" or "resident" or other designation of trainee status. Nothing in this section shall be construed to permit students, interns or residents to offer their services as professional addictions counselors to any other person and to accept remuneration for such professional counseling services other than as specifically exempted by the provisions of sections 24 to 34 of this act, unless such person has a license issued pursuant to sections 24 to 34 of this act;

(4) Individuals not licensed pursuant to sections 24 to 34 of this act who work in self-help groups or programs or not for profit organizations who provide services in those groups, programs, organizations or health care financing agencies, as long as such persons are not in any manner held out to the public as practicing professional addictions counseling, or do not hold themselves out to the public by any title or designation stating or implying that such persons are professional addictions counselors.

Section 26. 1. For a period of six months from September 1, 1998, a person may apply for licensure without examination and shall be exempt from the academic requirements of sections 24 to 34 of this act if the division is satisfied that the applicant:

(1) Has been a resident of the state of Missouri for at least the last six months; and

(2) Holds a valid license as a professional addictions counselor from another state.

2. The board shall determine by administrative rule the types of documentation needed to verify that an applicant meets the qualifications provided in subsection 1 of this section.

3. After March 1, 1999, no person may hold himself or herself out as a licensed professional addictions counselor unless the person complies with all educational and examination requirements or is licensed in accordance with the provisions of sections 24 to 34 of this act.

Section 27. No provision of sections 24 to 34 of this act shall be construed to require any agency, corporation or organization, not otherwise required by law, to employ licensed professional addictions counselors; except licensed professional addictions counselors in private practice providing professional services, as defined in section 24 of this act, who shall be considered qualified providers in all cases required by law.

Section 28. 1. Applications for licensure as a professional addictions counselor shall be in writing, submitted to the division on forms prescribed by the division and furnished to the applicant. The application shall contain the applicant's statements showing the applicant's education, experience and such other information the division requires by rule. Each application shall contain a statement that it is made under oath or affirmation and that the information contained therein is true and correct to the best knowledge and belief of the applicant, subject to the penalties provided for the making of a false affidavit or declaration. Each application shall be accompanied by the fees required by the division.

2. The division shall mail a renewal notice to the last known address of each licensee within forty-five days before the licensure renewal date. Failure to provide the division with the information required for a license, or to pay the licensure fee after such notice shall effect a revocation of the license after a period of sixty days from the licensure renewal date. The license shall be restored if, within two years of the licensure date, the applicant provides written application and the payment of the licensure fee and a delinquency fee.

3. A new certificate to replace any certificate lost, destroyed or mutilated may be issued subject to the rules of the division upon payment of a fee.

4. The division shall set the amount of the fees authorized. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering the provisions of sections 24 to 34 of this act. All fees provided for in sections 24 to 34 of this act shall be collected by the director who shall deposit the same with the state treasurer to a fund which is hereby created and shall be known as the "Professional Addictions Counselors' Fund".

5. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriations from the professional addictions counselors' fund for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the professional addictions counselors' fund for the preceding fiscal year.

Section 29. 1. Each applicant for licensure as a professional addictions counselor shall furnish evidence to the division that:

(1) The applicant meets the state certification requirements as currently established by the Missouri Substance Abuse Counselors Certification Board, Inc., and is currently a certified substance abuse counselor in good standing; and

(2) The applicant has a total of five years full-time or ten thousand hours document experience in addictions counseling or in a closely related addictions professional position plus a total of five hundred forty contact hours of education and training in addictions and related counseling subjects; or

(3) The applicant has a bachelor's degree in addiction studies from an accredited college or university plus two years or four thousand hours of supervised experience in the addictions field; or

(4) The applicant has a master's degree in addiction studies or related behavioral health education and two years or four thousand hours supervised experience in the addictions field by an addictions qualified professional or licensed professional addictions counselor; and

(5) The applicant is at least eighteen years of age, has been a resident of this state for at least six months, is of good moral character, is a United States citizen or has status as a legal resident alien, and has not been convicted of a felony during the ten years immediately prior to application for licensure; and

(6) Upon examination of submitted documentation, the applicant is possessed of requisite knowledge of the profession, including techniques and applications, research and its interpretation, and professional affairs and ethics.

2. Any person not a resident of this state holding a valid unrevoked and unexpired license, certificate or registration from another state or territory of the United States having substantially the same or higher requirements as this state for professional addictions counselors may be granted a license to engage in the person's occupation in this state upon application to the division accompanied by the appropriate fee as established by the division pursuant to section 28 of this act.

3. The division shall issue a license to each person who files an application and fee as required by the provisions of sections 24 to 34 of this act, and who furnishes evidence satisfactory to the division that the applicant has complied with the provisions of subsection 1 of this section and with the provisions of subsection 2 of this section.

Section 30. 1. Each license issued pursuant to the provisions of sections 24 to 34 of this act shall expire on a renewal date established by the director. The term of licensure shall be twenty-four months; however, the director may establish a shorter term for the first licenses issued pursuant to sections 24 to 34 of this act. The division shall renew any license upon application for renewal and upon payment of the fee established by the division pursuant to the provisions of section 28 of this act and upon presentation of documentation of a minimum of sixty contact hours of continuing education in the addictions field as defined by rule.

2. The division may issue temporary permits to practice under extenuating circumstances as determined by the division and defined by rule.

Section 31. 1. The division shall promulgate rules and regulations pertaining to:

(1) The form and content of license applications required by the provisions of sections 24 to 34 of this act and the procedures for filing an application for an initial or renewal license in this state;

(2) Fees required by the provisions of sections 24 to 34 of this act;

(3) The content, conduct and administration of the licensing examination required by section 29 of this act;

(4) The equivalent of the basic educational requirements set forth in section 29 of this act;

(5) The standards and methods to be used in assessing competency as a licensed professional addictions counselor;

(6) Establishment and promulgation of procedures for investigating, hearing and determining grievances and violations occurring pursuant to the provisions of sections 24 to 34 of this act;

(7) Development of an appeal procedure for the review of decisions and rules of administrative agencies existing pursuant to the constitution or laws of this state;

(8) Establishment of a policy and procedure for reciprocity with other states; and

(9) Any other policy or procedure necessary to the fulfillment of the requirements of sections 24 to 34 of this act.

2. No rule or portion of a rule promulgated pursuant to the authority of sections 24 to 34 of this act shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

Section 32. 1. The division may refuse to issue or renew any license required by the provisions of sections 24 to 34 of this act for one or any combination of causes stated in subsection 2 of this section. The division shall notify the applicant in writing of the reasons for the refusal and shall advise the applicant of the applicant's right to file a complaint with the administrative hearing commission as provided by chapter 621, RSMo.

2. The division may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 24 to 34 of this act or any person who has failed to renew or has surrendered the person's license for any one or any combination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo, or alcoholic beverage to an extent that such use impairs a person's ability to engage in the occupation of addictions counselor; except the fact that a person has undergone treatment for past substance or alcohol abuse or has participated in a recovery program, shall not by itself be cause for refusal to issue or renew a license;

(2) The person has been finally adjudicated and found guilty, or entered a plea of guilty in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of a professional addictions counselor; for any offense an essential element of which is fraud, dishonesty or an act of violence; or for any offense involving moral turpitude, whether or not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to the provisions of sections 24 to 34 of this act or in obtaining permission to take any examination given or required pursuant to the provisions of sections 24 to 34 of this act;

(4) Obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;

(5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in the performance of the functions or duties of a professional addictions counselor;

(6) Violation of, or assisting or enabling any person to violate, any provision of sections 24 to 34 of this act or of any lawful rule or regulation adopted pursuant to sections 24 to 34 of this act;

(7) Impersonation of any person holding a license or allowing any person to use the person's license or diploma from any school;

(8) Revocation or suspension of a license or other right to practice addictions counseling granted by another state, territory, federal agency or country upon grounds for which revocation or suspension is authorized in this state;

(9) Final adjudication as incapacitated by a court of competent jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice addictions counseling who is not licensed and is not currently eligible to practice pursuant to the provisions of sections 24 to 34 of this act;

(11) Obtaining a license based upon a material mistake of fact;

(12) Failure to display a valid license if so required by sections 24 to 34 of this act or any rule promulgated hereunder;

(13) Violation of any professional trust or confidence;

(14) Use of any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;

(15) Being guilty of unethical conduct as defined in the ethical standards for professional addictions counselors adopted by the board by rule and filed with the secretary of state.

3. Any person, organization, association or corporation who reports or provides information to the division pursuant to the provisions of sections 24 to 34 of this act and who does so in good faith shall not be subject to an action for civil damages as a result thereof.

4. After filing of such complaint, the proceedings shall be conducted in accordance with the provisions of chapter 621, RSMo. Upon a finding by the administrative hearing commission that the grounds provided in subsection 2 of this section for disciplinary action are met, the division may censure or place the person named in the complaint on probation on such terms and conditions as the division deems appropriate for a period not to exceed five years, or may suspend the person's license for a period not to exceed three years, or revoke the license.

Section 33. 1. Violation of any provision of sections 24 to 34 of this act is a class B misdemeanor.

2. All fees or other compensation received for services which are rendered in violation of sections 24 to 34 of this act shall be refunded.

3. The department on behalf of the division may sue in its own name in any court in this state. The department shall inquire as to any violation of sections 24 to 34 of this act, may institute actions for penalties prescribed, and shall enforce generally the provisions of sections 24 to 34 of this act.

4. Upon application by the division, the attorney general may on behalf of the division request that a court of competent jurisdiction grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:

(1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license;

(2) Engaging in any practice of business authorized by a certificate of registration or authority, permit or license issued pursuant to sections 24 to 34 of this act, upon a showing that the holder presents a substantial probability of serious harm to the health, safety or welfare of any resident of this state or client or patient of the licensee.

5. Any action brought pursuant to the provisions of this section shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.

6. Any action brought pursuant to this section may be in addition to or in lieu of any penalty provided by sections 24 to 34 of this act and may be brought concurrently with other actions to enforce the provisions of sections 24 to 34 of this act.

Section 34. 1. There is hereby created and established the "State Board of Professional Addictions Counselors" which shall consist of five public members, seven licensed professional addictions counselors or persons who are eligible to be licensed, one alcohol and drug abuse treatment provider certified by the department of mental health and one person who is a director or coordinator of an accredited addictions dependency training or college degree program. Any nationally recognized association representing professional addictions counselors may submit recommendations for members of the board. The provider member shall be chosen from a list submitted by an association of alcohol and drug abuse treatment providers who employ certified substance abuse counselors. The board shall be appointed by the governor with the advice and consent of the senate. Board members shall serve for a term of five years, except for the members first appointed, two public members and two professional members shall be appointed for five years, two public members and two professional members shall be appointed for four years, two professional members and the member who is a director or coordinator of an addictions dependency program and the other public member shall be appointed for three years and one professional member shall be appointed for two years. No person shall be eligible for appointment to the board who has served as a member of the board for a total of ten years. Members shall be appointed to represent a diversity in gender, race and ethnicity. No more than seven members shall be from the same political party.

2. Each nonpublic board member shall be a resident of the state of Missouri for one year, shall be a United States citizen, and shall meet all the requirements for licensing enumerated in sections 24 to 34 of this act, shall be licensed pursuant to sections 24 to 34 of this act, except the members of the first board, who shall be licensed within six months of their appointment, and are actively engaged in the practice of addictions counseling. If a member of the board shall, during the member's term as a board member, remove the member's domicile from the state of Missouri, then the board shall immediately notify the governor, and the seat of that board member shall be declared vacant. All such vacancies shall be filled by appointment as in the same manner as the first appointment, and the member so appointed shall serve for the unexpired term of the member whose seat has been declared vacant. The public members shall be at the time of each member's appointment a citizen of the United States; a resident of this state for a period of one year and a registered voter; a person who is not and never was a member of any profession licensed or regulated pursuant to this chapter or the spouse of such person; a person who does not have and never has had a material, financial interest in either the provision of the professional services regulated by this chapter, or an activity or organization directly related to any profession licensed or regulated pursuant to this chapter.

3. The board shall hold a regular annual meeting at which it shall select from among its members a chairman and a secretary. A quorum of the board shall consist of a majority of its members. In the absence of the chairman, the secretary shall conduct the office of the chairman.

4. No member of the board shall receive any compensation for the performance of the member's official duties but shall be entitled to reimbursement for necessary and actual expenses incurred in the performance of the member's duties. The board shall share resources and facilities with the office for the committee for professional counselors provided for in sections 337.500 to 337.540, RSMo. All staff for the board shall be provided by the director of the department of economic development through the director of the division of professional registration.

5. The governor may remove any member of the board for misconduct, inefficiency, incompetency or neglect of office."; and

Further amend said bill, Page 85, Section B, Line 3, by inserting after all of said line the following:

"Section C. Sections 24 to 34 of this act shall become effective August 28, 1999.".

Senator Jacob moved that the above amendment be adopted.

President Wilson assumed the Chair.

Senator Mathewson assumed the Chair.

Senator Howard assumed the Chair.

Senator Lybyer offered SA 1 to SA 18, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 18

Amend Senate Amendment No. 18 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Pages 2 and 3, Section 630.405, Lines 9-18, by deleting all of said lines.

Senator Lybyer moved that the above amendment be adopted.

President Pro Tem McKenna assumed the Chair.

At the request of Senator Lybyer, SA 1 to SA 18 was withdrawn.

Senator Jacob requested unanimous consent to remove bold subsection 3 of Section 630.045, on pages 2 and 3 of SA 18, and renumber the remaining subsections accordingly, which request was granted.

Senator Jacob moved that SA 18 be adopted and requested a roll call vote be taken. He was joined in his request by Senators Howard, Kenney, Mueller and Scott.

SA 18 failed of adoption by the following vote:

YEAS--Senators
Bentley Caskey Curls House
Jacob Wiggins--6
NAYS--Senators
Banks Childers DePasco Ehlmann
Flotron Goode Graves Howard
Johnson Kenney Kinder Klarich
Lybyer Mathewson Maxwell McKenna
Mueller Quick Rohrbach Russell
Schneider Scott Sims Singleton
Staples Westfall Yeckel--27
Absent--Senator Clay--1
Absent with leave--Senators--None

Senator Mueller offered SA 19:

SENATE AMENDMENT NO. 19

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 70, Section 339.855, Line 5, by inserting after all of said line the following:

"537.800. 1. In any action against a licensed professional for damages or injuries on account of the rendering of or failure to render professional services, the plaintiff or his attorney shall file an affidavit with the court stating that he has obtained the written opinion of a legally qualified like licensed professional which states that the defendant licensed professional failed to use such care as a reasonably prudent and careful licensed professional would have under similar circumstances and that such failure to use such reasonable care directly caused or directly contributed to cause the damages claimed in the petition.

2. The affidavit shall state the qualifications of such like licensed professional to offer such opinion.

3. A separate affidavit shall be filed for each defendant named in the petition.

4. Such affidavit shall be filed no later than ninety days after the filing of the petition unless the court, for good cause shown, orders that such time be extended.

5. If the plaintiff or his attorney fails to file such affidavit, the court may, upon motion of any party, dismiss the action against such moving party without prejudice.

6. For purposes of this act, the term "licensed professional" shall mean every licensed architect, professional engineer, land surveyor, certified or licensed real estate appraiser or any corporation authorized to render any of the aforementioned professional services.  This section shall not apply to any "health care provider" as that term is defined in section 538.205, RSMo.

7. The provisions of this section shall not apply to actions filed in small claims court pursuant to chapter 482, RSMo."; and

Further amend the title and enacting clause accordingly.

Senator Mueller moved that the above amendment be adopted.

Senator Howard assumed the Chair.

Senator Caskey raised the point of order that SA 19 is out of order in that it goes beyond the scope and purpose of the bill.

The point of order was referred to the President Pro Tem, who ruled it well taken.

Senator Singleton offered SA 20:

SENATE AMENDMENT NO. 20

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 25, Section 334.749, Line 40, by inserting after said line the following:

"Section 1. The provisions of section 334.820, RSMo, shall not apply to the practice of respiratory therapy in a hospital as defined in section 197.020, RSMo, so long as the hospital is in compliance with the hospital licensing regulations established pursuant to chapter 197, RSMo.".

Senator Singleton moved that the above amendment be adopted.

Senator Schneider offered SA 1 to SA 20, which was read:

SENATE AMENDMENT NO. 1 TO

SENATE AMENDMENT NO. 20

Amend Senate Amendment No. 20 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 1, Section 1, Line 11, by adding: "and the service is provided in the course of emergency care".

Senator Schneider moved that the above amendment be adopted, which motion failed.

Senator Schneider offered SA 2 to SA 20, which was read:

SENATE AMENDMENT NO. 2 TO

SENATE AMENDMENT NO. 20

Amend Senate Amendment No. 20 to Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 1, Section 1, Line 11, by adding the following: "and the person providing the service is exempt under Section 334.900".

Senator Schneider moved that the above amendment be adopted, which motion failed.

SA 20 was again taken up.

Senator Singleton moved that the above amendment be adopted, which motion prevailed.

Senator Banks offered SA 21:

SENATE AMENDMENT NO. 21

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 85, Section 23, Line 25, by inserting immediately after said line the following:

"Section 24. Each entity offering individual and group health insurance policies providing coverage on an expense-incurred basis, individual and group service or indemnity-type contracts issued by a health services corporation, individual and group service contracts issued by a health maintenance organization, all self-insured group arrangements to the extent not preempted by federal law and all managed health care delivery entities of any type or description, that are delivered, issued for delivery, continued or renewed in this state on or after January 1, 1999, shall offer coverage for chiropractic services administered by a chiropractor licensed pursuant to chapter 331, RSMo."; and

Further amend the title and enacting clause accordingly.

Senator Banks moved that the above amendment be adopted.

Senator Rohrbach raised the point of order that SA 21 is out of order in that the amendment goes beyond the scope, purpose and title of the bill.

The point of order was referred to the President Pro Tem, who ruled it well taken.

Senator Schneider offered SA 22, which was read:

SENATE AMENDMENT NO. 22

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 78, Section 13, Line 19, by striking the words: "or authority, permit or license".

Senator Schneider moved that the above amendment be adopted, which motion prevailed.

Senator McKenna offered SA 23:

SENATE AMENDMENT NO. 23

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 72, Section 620.150, Line 22, by inserting immediately after said line the following:

"643.040. 1. There is created hereby an air pollution control agency to be known as the "Air Conservation Commission of the State of Missouri", whose domicile for the purposes of sections 643.010 to 643.190 is the department of natural resources of the state of Missouri. The commission shall consist of seven members appointed by the governor, with the advice and consent of the senate. No more than four of the members shall belong to the same political party and no two members shall be a resident of and domiciled in the same senatorial district. At the first meeting of the commission and at yearly intervals thereafter, the members shall select from among themselves a chairman and a vice chairman.

2. All members shall be representative of the general interest of the public and shall have an interest in and knowledge of air conservation and the effects and control of air contaminants. At least three of such members[, but not more than three,] shall represent agricultural, industrial and labor interests, respectively. The governor shall not appoint any other person who has a substantial interest as defined in section 105.450, RSMo, in any business entity regulated under this chapter or any business entity which would be regulated under this chapter if located in Missouri. The commission shall establish rules of procedure which specify when members shall exempt themselves from participating in discussions and from voting on issues before the commission due to potential conflict of interest.

3. The members' terms of office shall be four years and until their successors are selected and qualified, except that the terms of those first appointed shall be staggered to expire at intervals of one, two and three years after the date of appointment as designated by the governor at the time of appointment. There is no limitation of the number of terms any appointed member may serve. If a vacancy occurs the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy. The governor may remove any appointed member for cause. The members of the commission shall be reimbursed for travel and other expenses actually and necessarily incurred in the performance of their duties.

4. The commission shall hold at least nine regular meetings each year and such additional regular meetings as the chairman deems desirable at a place and time to be fixed by the chairman. Special meetings may be called by three members of the commission upon delivery of written notice to each member of the commission. Reasonable written notice [to] of all meetings shall be given to all members of the commission. Four members of the commission shall constitute a quorum. All powers and duties conferred upon members of the commission shall be exercised personally by the members and not by alternates or representatives. All actions of the commission shall be taken at meetings open to the public, except as provided in chapter 610, RSMo. Any member absent from four regular commission meetings per calendar year for any cause whatsoever shall be deemed to have resigned and the vacancy shall be filled immediately in accordance with subsection 1 and subsection 3 of this section."; and

Further amend the title and enacting clause accordingly.

Senator McKenna moved that the above amendment be adopted, which motion prevailed.

Senator Schneider offered SA 24, which was read:

SENATE AMENDMENT NO. 24

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Pages 64-66, Section 339.755, by striking all of said section; and further amend the title and enacting clause accordingly.

Senator Schneider moved that the above amendment be adopted.

Senator Childers requested a roll call vote be taken on the adoption of SA 24 and was joined in his request by Senators Ehlmann, Kenney, Mueller and Rohrbach.

SA 24 failed of adoption by the following vote:

YEAS--Senators
Ehlmann Rohrbach Schneider Sims--4
NAYS--Senators
Banks Bentley Caskey Childers
Curls DePasco Flotron Goode
Graves House Howard Jacob
Johnson Kenney Kinder Klarich
Mathewson Maxwell McKenna Mueller
Quick Russell Scott Singleton
Westfall Wiggins Yeckel--27
Absent--Senators
Clay Lybyer Staples--3
Absent with leave--Senators--None

Senator Schneider offered SA 25, which was read:

SENATE AMENDMENT NO. 25

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 66, Section 339.755, Line 84, by adding:

"14. A transaction broker shall provide written notice to all applicable clients of the provisions of this section by providing a copy of this section and written notice of the limited responsibility to the client.".

Senator Schneider moved that the above amendment be adopted and requested a roll call vote be taken. He was joined in his request by Senators Rohrbach, Klarich, Russell and Scott.

SA 25 failed of adoption by the following vote:

YEAS--Senators
Ehlmann Flotron Goode Graves
Howard Klarich Rohrbach Schneider
Sims--9
NAYS--Senators
Banks Bentley Caskey Childers
Curls DePasco House Jacob
Johnson Kenney Kinder Lybyer
Mathewson Maxwell McKenna Mueller
Russell Scott Singleton Westfall
Wiggins Yeckel--22
Absent--Senators
Clay Quick Staples--3
Absent with leave--Senators--None

Senator Rohrbach offered SA 26, which was read:

SENATE AMENDMENT NO. 26

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 38, Section 339.501, Line 37, by adding after the end of said line the following:

"(6) Any person doing an appraisal for any person who chooses not to hire a licensed real estate appraiser.".

Senator Rohrbach moved that the above amendment be adopted, which motion failed.

Senator Singleton offered SA 27, which was read:

SENATE AMENDMENT NO. 27

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 2, Line 17, following said line, by adding:

"Nothing in this act shall preclude an individual, legal resident of Missouri for at least 6 months and at least 18 years of age, from being registered, certified or licensed in any profession, trade, vocation or avocation for an annual fee of $50.00 paid to Department of Economic Development.".

Senator Singleton moved that the above amendment be adopted, which motion failed.

President Pro Tem McKenna assumed the Chair.

Senator Ehlmann offered SA 28, which was read:

SENATE AMENDMENT NO. 28

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 38, Section 339.501, Line 35, by adding the following:

", except that no such lending agency or institution shall perform an appraisal on a property for the purpose of granting a loan to a third party when the lending agency or institution holds a mortgage on the property.".

Senator Ehlmann moved that the above amendment be adopted, which motion prevailed on a standing division vote.

Senator Schneider offered SA 29, which was read:

SENATE AMENDMENT NO. 29

Amend Senate Committee Substitute for House Substitute for House Committee Substitute for House Bills Nos. 1601, 1591, 1592, 1479 and 1615 and House Committee Substitute for House Bills Nos. 1094, 1213, 1311 and 1428, Page 37, Section 339.501.1., Line 6, by adding: "if the appraisal is required in order to obtain a loan".

Senator Schneider moved that the above amendment be adopted, which motion failed.

Senator Scott moved that SCS for HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428, as amended, be adopted, which motion prevailed.

On motion of Senator Scott, SCS for HS for HCS for HBs 1601, 1591, 1592, 1479 and 1615 and HCS for HBs 1094, 1213, 1311 and 1428, as amended, was read the 3rd time and passed by the following vote:

YEAS--Senators
Banks Bentley Caskey Childers
Curls DePasco Goode Graves
House Howard Johnson Lybyer
Mathewson Maxwell McKenna Mueller
Quick Russell Scott Sims
Westfall Wiggins--22
NAYS--Senators
Ehlmann Flotron Jacob Kenney
Kinder Klarich Rohrbach Schneider
Singleton Yeckel--10
Absent--Senators
Clay Staples--2
Absent with leave--Senators--None

The President Pro Tem declared the bill passed.

On motion of Senator Scott, title to the bill was agreed to.

Senator Scott moved that the vote by which the bill passed be reconsidered.

Senator Johnson moved that motion lay on the table, which motion prevailed.

PRIVILEGED MOTIONS

Having voted on the prevailing side, Senator Wiggins moved that the vote by which HB 1239, as amended, failed on 3rd reading and final passage be reconsidered, which motion prevailed by the following vote:

YEAS--Senators
Bentley Caskey Childers Curls
DePasco Goode Graves House
Johnson Lybyer Mathewson Maxwell
McKenna Quick Russell Scott
Sims Singleton Westfall Wiggins--20
NAYS--Senators
Ehlmann Flotron Jacob Kenney
Kinder Klarich Mueller Rohrbach
Schneider Yeckel--10
Absent--Senators
Banks Clay Howard Staples--4
Absent with leave--Senators--None

At the request of Senator Caskey, the motion for 3rd reading and final passage of HB 1239, as amended, was withdrawn.

CONFERENCE COMMITTEE APPOINTMENTS

President Pro Tem McKenna appointed the following conference committee, to act with a like committee from the House on SCS for HB 1683, as amended: Senators Caskey, Scott, Schneider, Rohrbach and Bentley.

Also,

President Pro Tem McKenna appointed the following conference committee, to act with a like committee from the House on SCS for HB 1272: Senators Goode, Johnson, Clay, Bentley and Westfall.

Also,

President Pro Tem McKenna appointed the following conference committee, to act with a like committee from the House on HS for HCS for SB 487, as amended: Senators Goode, Clay, Mathewson, Childers and Westfall.



MESSAGES FROM THE HOUSE

The following messages were received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and adopted HCS for SCS for SCR 37.

HOUSE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE CONCURRENT RESOLUTION NO. 37

WHEREAS, the elderly population in the state is growing at a significant and unprecedented rate; and

WHEREAS, the increasing elderly population in the state will place unprecedented demands upon the state's long term care delivery system; and

WHEREAS, the federal government's approach to mandates and entitlements regarding Medicare and Medicaid funding for long term care services for the elderly is changing; and

WHEREAS, the elderly expect that their needs will be provided in an environment that allows greater flexibility through a "continuum of care"; and

WHEREAS, an in-depth study and evaluation must be made of the alternatives and strategies available for the delivery of long term care services to the growing elderly population in Missouri;

NOW THEREFORE BE IT RESOLVED that the members of the Senate, eighty-ninth General Assembly, the House of Representatives concurring therein, hereby establish the "Joint Interim Committee on Aging" to be composed of ten members. The members shall consist of five state senators appointed by the President pro tem of the Senate and five representatives appointed by the Speaker of the House of Representatives, with no more than three from each house being members of the same political party; and

BE IT FURTHER RESOLVED that the President pro tem of the Senate and Speaker of the House of Representatives shall appoint the members of the committee and shall choose one such member as chairperson to serve as co-chairs of the joint interim committee on aging by June 1, 1998, and such committee shall meet within ten days of its establishment; and

BE IT FURTHER RESOLVED that the committee may solicit any input and information necessary to fulfill its obligations from the Department of Social Services, the Department of Health and representatives of citizen groups formed to address issues regarding Missouri's elderly population; and

BE IT FURTHER RESOLVED that the Governor's Advisory Council on Aging supports the concept of an interim committee on aging as established by the General Assembly, and furthermore, the Council agrees to be available to advise and assist the Joint Interim Committee on Aging with this initiative however possible, and shall be prepared to provide information and assistance to the committee; and

BE IT FURTHER RESOLVED that the committee shall make an in-depth study and evaluation of the availability and quality of long term care services throughout the state to meet the needs of the growing aging population and research the possible strategies and alternatives to expand the continuum of care to meeting those needs in Missouri; and

BE IT FURTHER RESOLVED that the committee review the Certificate of Need process established through the Missouri Health Facilities Review Committee as it affects the availability and quality of long term care beds, and furthermore study how the Certificate of Need process affects the long term care industry's ability to serve the various individual care needs of their residents, and furthermore assess the need for flexibility in the reallocation of beds and/or the expansion of beds in long term care facilities that prove such beds are needed through bed occupancy and quality indicators, and furthermore as it affects the Certificate of Need process and the state budget, the committee shall study the changes in the federal mandate in order to suggest changes in the Medicaid reimbursement process for long term care facilities to reflect payment based on care needs; and

BE IT FURTHER RESOLVED that the committee shall prepare a report, together with its recommendations for any legislative action it deems necessary for submission to this Governor and General Assembly by January 5, 1999, and then shall be dissolved; and

BE IT FURTHER RESOLVED that the expenses of committee members and legislative staff, the actual and necessary expenses of the committee necessary for the committee to complete its study shall be paid from the Joint Contingent Fund, subject to prior approval by the Senate Committee on Administration; and

BE IT FURTHER RESOLVED that the staff of Senate Research and House Research and the Committee on Legislative Research shall provide such legal, research clerical, technical and bill drafting services as the committee may require in the performance of its duties; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution to be delivered to the Governor and the Director of the Department of Social Services.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has taken up and passed HCS for SS for SB 910, entitled:

An Act to repeal section 104.540, RSMo 1994, and sections 193.215, 287.820, 454.390, 454.408, 454.413, 454.440, 454.455, 454.460 and 476.688, RSMo Supp. 1997, relating to child support, and to enact in lieu thereof ten new sections relating to the same subject.

In which the concurrence of the Senate is respectfully requested.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on SCS for HB 1683, as amended. Representatives: Fitzwater, Days, Relford, McClelland and Pryor.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HS for HCS for SB 487, as amended. Representatives: Auer, Fritts, O'Connor, Legan and Burton.

Also,

Mr. President: I am instructed by the House of Representatives to inform the Senate that the Speaker has appointed the following conferees to act with a like committee from the Senate on HB 945, as amended. Representatives: Thomason, Leake, Williams (159), Howerton and Graham (106).

PRIVILEGED MOTIONS

Senator Caskey moved that the Senate refuse to concur in HCS for SS for SB 910 and request the House to recede from its position or failing to do so, grant the Senate a conference thereon, which motion prevailed.

RESOLUTIONS

Senator Quick offered Senate Resolution No. 1889, regarding Dr. Stephen R. Brainard, Kansas City, which was adopted.

Senator Clay offered Senate Resolution No. 1890, regarding Mrs. Louise Antonette Butler, Florissant, which was adopted.

Senator Singleton offered Senate Resolution No. 1891, regarding Dr. Ronald R. Barton, Webb City, which was adopted.

Senator Howard offered Senate Resolution No. 1892, regarding George Oliver Stewart, Poplar Bluff, which was adopted.

Senator Bentley offered Senate Resolution No. 1893, regarding Deena Green, Lebanon, which was adopted.

Senator Bentley offered Senate Resolution No. 1894, regarding Mya Appleberry, Lebanon, which was adopted.

Senator Bentley offered Senate Resolution No. 1895, regarding Melodie Phillips, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 1896, regarding Mary-Jane Hudson, Lebanon, which was adopted.

Senator Bentley offered Senate Resolution No. 1897, regarding Angela O'Quinn, Lebanon, which was adopted.

Senator Bentley offered Senate Resolution No. 1898, regarding Jennifer Blue, Lebanon, which was adopted.

Senator Bentley offered Senate Resolution No. 1899, regarding Jennifer Black, Lebanon, which was adopted.

Senator Bentley offered Senate Resolution No. 1900, regarding Kathleen Ross, Branson, which was adopted.

Senator Bentley offered Senate Resolution No. 1901, regarding Amanda Lurten, Bolivar, which was adopted.

Senator Bentley offered Senate Resolution No. 1902, regarding Deadra Sillavan, Bolivar, which was adopted.

Senator Bentley offered Senate Resolution No. 1903, regarding Krista Cheffey, Bruner, which was adopted.

Senator Bentley offered Senate Resolution No. 1904, regarding Jennifer Beshears, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 1905, regarding Sarah Craker, Monett, which was adopted.

Senator Bentley offered Senate Resolution No. 1906, regarding Candice Miller, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 1907, regarding Corporal Scott Bunn, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 1908, regarding Officer Greg Wheelen, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 1909, regarding Sergeant Mike Owen, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 1910, regarding Anthony Bowman, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 1911, regarding the death of Clyde R. Allemann,

Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 1912, regarding the Sixty-third Wedding Anniversary of Dr. and Mrs. Michael J. Clarke, Springfield, which was adopted.

Senator Mathewson offered Senate Resolution No. 1913, regarding Bill Utz, Sedalia, which was adopted.

Senator Mathewson offered Senate Resolution No. 1914, regarding Marcia Crumble, Lexington, which was adopted.

On motion of Senator Johnson, the Senate adjourned until 9:30 a.m., Tuesday, May 12, 1998.