HB 0343 (Truly Agreed) Changes regulations of cemeteries, fireworks, emergency services and professional licensees
Bill Summary
- Prepared by Senate Research -

CCS/SCS/HCS/HB 343 - This act makes numerous changes to laws governing emergency services, cemeteries, private employment agencies, professional licensing, the Division of Professional Registration and fireworks.

Section 190.142 now requires all persons transported in the supine position to be either transported in an ambulance or receive "an appropriate level of care". This requirement only applies to transportation for a fee.

Section 197.725 requires the department of health to provide for the licensing of "necessary provider hospitals". These facilities must already exist, be located outside of a standard metropolitan area, and provide emergency or intermediate care to patients prior to their transport to a hospital.

ENDOWED CARE CEMETERIES (Sections 193.265, 214.275-214.330) - Moneys placed in the endowed care cemetery audit fund will not be transferred to the credit of general revenue until the amount in the fund exceeds three times the amount appropriated for the previous fiscal year.

No endowed care cemetery may operate in this state unless the owner or operator has a certificate of authority from the Division and complies with all state, county, and municipal ordinances. The Division has the authority to grant or deny applications for certificates; refuse to renew, suspend, or revoke certificates; and cause complaints to be filed with the Administrative Hearing Commission.

Prior to August 28, 2000, all existing endowed care cemeteries must apply for certificates of authority to operate. All found to be in compliance will be granted a certificate of authority upon receipt of an application.

The $25,000 bond for endowed care cemeteries required in 214.310 is now limited to only cemeteries over 100,000 burials annually. A minimum bond of $5,000 is set for all others. In lieu of the above bonds, a $30,000 surety bond may be provided. The investment and use of the bonds are provided for in section 214.330.

GEOLOGISTS (Chapter 256) - The duties of the public members of the Board of Geology will not include technical aspects of licensing.

PRIVATE EMPLOYMENT AGENCIES (Chapter 289) - Chapter 289, RSMo, is repealed.

FIREWORKS (Sections 320.106-320.151) - Defines "consumer" fireworks, formerly known as "common" fireworks, and "special fireworks" as devices classified as Fireworks, UNO366, 1.4G by the United States Department of Transportation and expands regulation to include sale or shipment within the state in addition to sale or shipment into the state. The fire marshal may refuse to issue an application for a firework sales permits if the application is not received by May 31 and seasonal retailers are required to obtain a permit before purchasing fireworks for resale. All fireworks sold are to bear the insignia "1.4G" on the shipping carton. The storage or sale of fireworks is prohibited within 50 feet where ignitable liquids or gases are stored.

OCCUPATIONAL THERAPISTS (Chapter 324) - Expands discipline and sanction provisions to include discipline in another state.

PERFUSIONISTS (Sections 324.128, 324.136) - Expands the practice capabilities of perfusionists to include hyperthermia in addition to the current hypothermia. The act also abolishes the "Licensed Perfusionists Fund" and transfers the amount remaining and powers and duties to the board of registration for the healing arts fund.

DIETITIANS (Sections 324.203-324.217) - The Director of the Division of Professional Registration will, in collaboration with the Department of Economic Development, establish guidelines for payment to the members of the Committee of Dietitians for necessary expenses incurred in the performance of their duties.

The Committee of Dietitians shall recommend for prosecution violations of the provisions pertaining to dietitians.

MASSAGE THERAPY (Sections 324.220-324.273) - The Board of Therapeutic Massage is created, replacing the Advisory Commission for Massage Therapists. Fees collected will not substantially exceed the costs incurred for the operation of the Board. Funds will be placed in the Massage Therapy Fund which is created by this act. The Board may file complaints with the Administrative Hearing Commission for reasons which include fraud, incompetency, gross negligence, and failure to comply with inspections. Courses of instruction and examinations required for licensure must be approved by the Board. Licensure is expanded to include massage therapists in practice for over 10 years.

INTERIOR DESIGN (Sections 324.406-324.439) - The Director of the Division of Professional Registration, in collaboration with the Department of Economic Development, shall establish guidelines for payment to the members of the Interior Design Council for necessary expenses incurred in the performance of their duties. The Council shall recommend for prosecution violations of the provisions pertaining to interior designers.

ACUPUNCTURE (Sections 324.475-324.496) - The Missouri Acupuncturist Advisory Committee is placed under the Division of Professional Registration. The language regarding the make-up and appointment of the committee is expanded. The Committee reviews applications for licensure, and shall recommend for prosecution violations of the provisions pertaining to acupuncturists.

Funds will be deposited in the "Acupuncturist Fund", created by this act.

Reasons for refusal of licensure are provided for.

TATTOOS (Sections 324.520-324.524) - All persons performing tattoos, body piercing, or branding must be at least eighteen years old. All funds collected by the Division will be placed in the Tattoo Fund, which is created by this act.

ACCOUNTANCY (Section 326.160) - Revises the filling of vacancies for the Board of Accountancy.

ARCHITECTS, ENGINEERS AND SURVEYORS (Sections 327.011-327.605) - Defines professional land surveyor, and adds the division of professional land surveyors to the Board of Architects, Professional Engineers, and Professional Land Surveyors. Excludes landscape architects from these provisions. Allows for continuing education requirements. Provides for inactive license statues for engineers. Describes the practices of land surveyors in section 327.272. Interstate licensing reciprocity is provided for, if the foreign licensure met or exceeded Missouri's requirements. Revises the filling of vacancies for the Landscape Architectural Council.

PODIATRISTS (Section 330.110) - Revises the filling of vacancies for the Board of Podiatry.

CHIROPRACTIC (Sections 331.050-331.090) - Continuing education requirements are changed to allow biannual renewal, which doubles the amount of post graduate hours needed.

The Board is authorized to request injunctions, restraining orders, or other orders against persons for violations of the provisions pertaining to chiropractors, it also revises the filling of vacancies for the Board of Chiropractic.

DENTISTS (Sections 332.021-332.327) - Records of complaints by inmates will be destroyed after 3 months if no action is filed by the board. Unsubstantiated complaints by inmates need not be reported on subsequent applications or forms.

The board may require submission of an applicant or renewing licensee to a committee to be established by this act for substance abuse, mental illness, or certain other problems before issuing a license. Communications with the committee are privileged and confidential.

EMBALMERS (Section 333.151) - Revises the filling of vacancies for the Board of Embalmers and Funeral Directors.

HEALING ARTS (Sections 334.098, 334.120) - Records of complaints by inmates will be destroyed after 3 months if no action is filed by the board. Unsubstantiated complaints by inmates need not be reported on subsequent applications or forms, it also revises the filling of vacancies for the Board of Registration for the Healing Arts.

PHYSICAL THERAPISTS (Sections 334.506-334.660) - Physical therapists may perform screening, providing educational resources and training, developing fitness and wellness programs for asymptomatic persons, or providing consulting services within the scope of their practice. Physical therapists are allowed to treat existing injuries which have been previously diagnosed by a physician.

Physical therapists are required to refer persons to physicians whose medical condition is determined to be beyond the scope of practice of the physical therapist or within thirty days if the patient shows no improvement from physical therapy care.

Physical therapists are allowed to examine and evaluate new injuries or illnesses without a prescription provided that after the evaluation the physical therapist refers that person to a physician. However, no physical therapist is allowed to make a medical diagnosis. The act revises the filling of vacancies for the Advisory Commission for Physical Therapists.

PHYSICIAN ASSISTANTS (Section 334.749) - Revises the filling of vacancies for the Advisory Commission for Physician Assistants.

RESPIRATORY CARE THERAPISTS (Sections 334.800-334.920) - Respiratory therapists are required to renew their license biennially and to provide proof of completion of continuing education requirements before their licenses will be renewed.

The mandatory experience requirement for temporary licenses and the provision pertaining to a one-time temporary permit to practice as a respiratory therapist are repealed. The period in which temporary permits can be offered to graduates of respiratory care programs is increased from twelve to eighteen months.

Students of respiratory care are permitted to practice respiratory care as long as it is done within their educational program, and they are also allowed to use an appropriate title that indicates their status as students.

The Board for Respiratory Care's authority to refuse to issue or renew any certificate is expanded, and the Board can cause complaints to be filed with the Administrative Hearing Commission for certain causes contained in the substitute.

NURSING (Chapter 335) - Section 335.036, RSMo, which established the duties of the Board of Nursing regarding fees, employment of legal counsel, the use and transfer of funds, is repealed. Applicants for a nursing license must obtain a professional nursing degree or diploma from an accredited or approved school. Applicants from foreign countries must be licensed as prescribed by rule. The Board may deny, revoke, or suspend a license if a person has been placed on a disqualification list or other related restriction pertaining to employment within a health-related profession issued by any State or Federal government agency. The Board may notify the proper licensing board of another state concerning disciplinary action against a licensee. Graduates of accredited nursing programs who have their first licensing results pending are allowed to practice nursing under proper supervision.

Records of complaints by inmates will be destroyed after 3 months if no action is filed by the board. Unsubstantiated complaints by inmates need not be reported on subsequent applications or forms.

PHARMACY (Chapter 338) - Pharmacists carrying an inactive license may have them renewed every two years. Records of complaints by inmates will be destroyed after 3 months if no action is filed by the board. Unsubstantiated complaints by inmates need not be reported on subsequent applications or forms. Creates two new classes of pharmacy licenses.

COSMETOLOGISTS (Section 5) - The maximum reimbursement for meeting attendance for members of the board of cosmetology is increased from $50 to $70.

MISCELLANEOUS - Section 301.142, permitting the issuance of disability license plates and placards for cars, is expanded to allow statements of disability by optometrists.

It is a Class C misdemeanor to fraudulently obtain disabled automobile license plates or placards.

To provide treatment for repressed memory, recovered memory, reparenting, or multiple personality disorder, a person shall be a mental health care provider licensed under Chapters 334, 335 or 337, RSMo.

This act also allows health practitioners' liens. It allows health practitioners, hospitals, clinics, or other institutions to hold liens on any claims a patient might have against another for negligently causing the patient's injuries. Patients are allowed to maintain negligence claims for the customary charges associated with treating such injuries. While these liens are not considered valid in workers' compensation cases, they may be applied against any medical benefits received by the patient. Anyone found to be liable has one year to pay the health practitioner, hospital, clinic, or other institution. If the lien exceeds fifty percent of the amount due the patient, then the lien will only apply to fifty percent of the amount and lienholders will receive their respective portions of that amount. These provisions are identical to SB 409.

Current law prohibits health carriers from discrimination between eye care providers. This act strengthens that prohibition.

HB 934 as incorporated in earlier versions of this act, had proposed transferring the Division of Professional Registration from the Department of Economic Development to the Department of Labor and Industrial Relations. That transfer did not occur, although most of the changes designed to facilitate the transfer remain in the act.

There are numerous other provisions, many technical, to the various professions covered in the substitute. Some of these provisions transfer authority of licensing boards to the Division of Professional Registration.

The act changes provisions in Chapter 337 (Professional Counselors, Social Workers), Chapter 338 (Pharmacists), Chapter 339 (Real Estate Brokers, Salesmen and Appraisers), Chapter 340 (Veterinarians) and Chapter 345 (Special Pathologists and Audiologists). Among other things, each respective association shall nominate candidates to fill positions on its governing board.

The act allows the issuance of a temporary license to a health professional licensed in another state who is receiving training in Missouri while on active military duty. This provision has an emergency clause.

Provisions of this act are similar to provisions of HB 315, HB 906, HB 934 and SCS/SB 325. CHARLES HATCHER/DAVID VALENTINE

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