COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.: 1238-04
Bill No.: SCS for SB 415, 88, 200, 223, 413, 523, 589 & 626
Subject: Boards, Commissions, Committee, Councils; Economic Development Dept; Licenses - Professional; Health Care Professionals; Architects; Chiropractors; Physical Therapists; Psychologists
Type: Original
Date: April 14, 2003
FISCAL SUMMARY
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Total Estimated
Net Effect on General Revenue Fund |
$0 | $0 | $0 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Criminal Records System Fund | $0 | $4,508 | $140 |
| Private Investigator Examiners Fund | $0 | $122,266 | ($101,937) |
| PR Fees Fund | ($41,588) | $41,588 | $0 |
| Dietician Fund | $115,800 | $3,474 | $116,840 |
| Auctioneers Fund | $0 | $90,922 | ($74,953) |
| Auctioneers Fund - Subaccount | $0 | Unknown* | Unknown* |
| Total Estimated
Net Effect on Other State Funds |
$74,212 | $262,758 to Unknown | ($59,910) to Unknown |
*Not expected to exceed $100,000
Numbers within parentheses: ( ) indicate costs or losses. This fiscal note contains 24 pages.
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Federal Bureau of Investigation | $0 | $7,728 | $240 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $7,728 | $240 |
| FUND AFFECTED | FY 2004 | FY 2005 | FY 2006 |
| Local Government | (Unknown up to $21,250) | (Unknown up to $21,250) | (Unknown up to $21,250) |
ASSUMPTION
Officials from the following agencies indicated there would be no fiscal impact to their respective agencies as a result of this proposal: Department of Revenue, Department of Mental Health, Department of Insurance, Office of Administration - Division of Personnel, Office of the Governor, Missouri Senate, Department of Elementary and Secondary Education, and the Office of State Treasurer.
Officials from the Office of State Courts Administrator stated there would be no fiscal impact on the Courts as a result of this proposal.
Officials from the Department of Correction (DOC) stated that currently, the DOC cannot predict the number of new commitments which may result from the creation of the offenses(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors
and the actual sentences imposed by the court.
DOC officials state that if additional persons are sentenced to the custody of the DOC due to the provisions of this proposal, the DOC will incur a corresponding increase in operational cost through supervision provided by the Board of Probation and Parole (FY02 average of $3.10 per
ASSUMPTION (continued)
offender, per day or an annual cost of $1,132 per offender).
In summary, supervision by the DOC through probation or incarceration would result in some additional costs, but it is assumed the impact would be $0 or a minimal amount that could be absorbed within existing resources.
Officials from the Administrative Hearing Commission (AHC) anticipate this proposal will not significantly alter its caseload. AHC notes if other similar proposals also pass, creating more cases or more complex cases, there could be a fiscal impact.
Officials from the Office of State Public Defender (SPD) assumed, for the propose of this proposal, that existing staff could provide representation for those few cases arising where indigent persons were charged with working as a private investigator, dietitian, auctioneer, or the others without a license.
Passage of more than one bill increasing penalties on existing crimes or creating new crimes would require the State Public Defender System to request increased appropriations to cover the cumulative cost of representing indigent persons accused in the now more serious cases or in the new additional cases.
Officials from the Office of Prosecution Services assume any costs to prosecutors resulting from this proposal can be absorbed.
Officials from the Secretary of State's Office (SOS) assumed the rules, regulations and forms issued by the Department of Economic Development could require as many as 164 pages in the Code of State Regulations. For any given rule, roughly half again as many pages are published in the Missouri Register as in the Code because cost statements, fiscal notes and the like are not repeated in the Code. These costs are estimated. The estimated cost of a page in the Missouri Register is $23. The estimated cost of a page in the Code of State Regulations is $27. The actual costs could be more or less the SOS's estimated cost of $10,086 for FY 2004. The impact of this legislation in future years is unknown and depends upon the frequency and length of rules, filed, amended, rescinded or withdrawn.
Oversight assumes the SOS could absorb the costs of printing and distributing regulations related to this proposal. If multiple bills pass which require the printing and distribution of regulations at substantial costs, the SOS could request funding through the appropriation process. Any decisions to raise fees to defray costs would likely be made in subsequent fiscal years.
ASSUMPTION (continued)
Section 324.205 - DIETICIANS
Officials from the Department of Economic Development - Professional Registration (DPR) state this proposal creates mandatory licensure for persons who practice or offer to practice dietetics in the State of Missouri. DPR notes the Missouri Dietetic Association estimates there will be approximately 579 applicants for licensure upon passage of this proposal (effective August 28, 2003). DPR estimates a $200 application fee will be charged and a $190 biennial fee thereafter (renewals occur in odd FYs). DPR calculates a 3% growth rate. DPR assumes all costs can be covered by the board's current appropriation.
Sections 335.500 and 335.600 - NURSE LICENSURE COMPACT/ADVANCED PRACTICE REGISTERED NURSE COMPACT
Officials from the Department of Health and Senior Services (DOH) expect the proposal would not significantly impact its operations. DOH officials note if the proposal were to substantially impact its programs, they would request funding through the legislative process. DOH notes the proposal could have a fiscal impact on the Missouri Professional and Practical Nursing Student Loan and Loan Repayment Fund/Programs because nurses may opt not to be licensed in Missouri, therefore reducing the amount of surcharge available for current incentive programs.
Oversight assumes there could be an indirect effect on the Missouri Professional and Practical Nursing Student Loan and Loan Repayment Fund/Programs; however, there would not be a direct effect on any state funds.
Officials from the Department of Economic Development - Division of Professional Registration (DPR) assume the proposal would not directly impact their agency. DPR states a nurse would only be required to hold a license in his/her state of residence and then would be able to practice in other states that are part of the nurse license compact. Currently, 1,275 nurses have a Missouri license but reside in a compact state and 1,293 nurses licensed in compact states have a Missouri address. Implementation of the compact would mean there would be a gain of 18 licensees. However, it is anticipated that the increase would be negated as other licensees may not renew or may go inactive. DPR notes there is an annual nurse license compact administrator's fee of $3,000. The revenue loss with the nurse license compact implemented was figured into the revenue projections through fiscal year 2007. Implementation of the nurse license compact will not require a license renewal fee increase assuming the revenue projections are accurate.
ASSUMPTION (continued)
Sections 324.1100 through 324.324.1140 - PRIVATE INVESTIGATORS
Officials from the Missouri State Highway Patrol (MSHP) assume 3,333 fingerprints or less would be processed within a one year time span. Based on that assumption, MSHP anticipates no need for FTE or equipment. MSHP states there would be an impact on total state revenue because of the fees for processing fingerprints: $14 (state fee) x 3,333 = $46,662 and $24 (federal fee) x 3,333 = $79,992. The federal money is passed through to the FBI and is not retained in the Criminal Records System Fund. The $46,662 however, would be kept in the fund.
Oversight has adjusted the number of fingerprints to match the estimate provided by the
Division of Professional Registration. Oversight assumes costs associated with fingerprints will begin in FY 2005 due to the length of time required to establish the board combined with the potential effect of grandfathering current private investigators.
Officials from the Office of the Attorney General (AGO) assume representing the Board of Private Investigator Examiners in licensure matters would require 0.5 (part-time) Assistant Attorney General II. AGO assumes salary and fringe benefits related to this position would cost General Revenue $21,509 in FY 2004; $26,457 in FY 2005; and $27,118 in FY 2006.
Oversight assumes that the AGO will be reimbursed for services from the Private Investigator Examiners Fund.
Officials with the Department of Economic Development-Division of Professional Registration (DPR) estimate the proposal will result in the licensing of 322 individuals as private investigators and at least 322 businesses, based on a search of Superpages.com. DPR assumes a fee of $400 will be paid for all categories of licensure with biennial renewal. DPR estimates a 3% growth rate and assumes licensure begins in FY 2005, resulting in revenue to the Private Investigator Examiners Fund of $257,600 in FY 2005 and $3,864 in FY 2005.
DPR assumes all fees collected and all expenses would be deposited into and paid out of the Board of Private Investigator Examiners Fund. DPR notes expenses occurring prior to an appropriation (FY 2004) would be borrowed from another fund within Professional Registration and paid back in FY 2005 if funds are available.
DPR assumes implementation of the proposal will require hiring an additional 1.5 FTE in FY 2005, as follows: 0.5 Principal Assistant (0.5 FTE at $48,240) to serve as the senior executive officer of the agency; 0.5 Licensure Technician II (0.5 FTE at $24,492) to provide technical
ASSUMPTION (continued)
support, process applications for licensure and respond to any inquiries related to the licensure law or rules & regulations; and 0.5 Account Clerk II (0.5 FTE at $23,184) to provide support for the Division's Central Accounting Section and Central Cash Receiving Room. DPR assumes rental space will be needed for these additional FTE at an annual cost of approximately $2,600.
DPR assumes the five (5) member board would meet four (4) times per year for two (2) days per meeting, in Jefferson City. DPR notes the Principal Assistant, Licensure Technician and an Attorney General representative will also attend the meeting. DPR assumes there would be four (4) meetings in FY 2004 to promulgate rules and regulations. DPR estimates each board member will receive a $50 per for each day conducting board business. DPR assumes per diem, mileage, lodging, and meal expenses (for five board members and three staff) to cost approximately
$9,500 annually.
DPR assumes 12 complaints would be received each year and would require, on average, five hours each to complete. DPR estimates 15% of these complaints (2) will require field investigations, each needing 30 hours of field work and one night's lodging. Travel expenses for the two investigations are estimated at $670 annually. DPR assumes complaints and investigations would not start until FY 2006.
DPR assumes there will be a cost associated with needing the services of the Attorney General's Office (AGO). DPR estimates 25% of investigations (1) would be forwarded to the AGO for further action. Assuming $5,400 cost per case, DPR estimates $5,400 annually beginning in FY 2006. DPR also estimates the AGO would provide approximately 60 hours of assistance with rules, opinions and meetings per year. Assuming an hourly rate of $60.87, these costs are estimated at $3,652 yearly.
DPR assumes printing and postage costs will be incurred in the first year for statute and rule mailings and for startup printing of rules, applications, letterhead and envelopes. DPR estimates printing and postage costs at $6.19 per licensee in the first year, for a total cost of $3,986. Subsequent years' printing and postage costs are expected to be $2,500 annually, based on a similarly-sized board.
DPR assumes licensed private investigators will represent 0.5% of DPR's overhead. As such, the board will be required to reimburse the Division and the Department of Economic Development for its share of administrative overhead costs, $12,498 per annum. DPR assumes these costs will begin in FY 2004.
Oversight has done the following to calculate the fiscal impact:
ASSUMPTION (continued)
(1) Assumed private investigative businesses may have more than one investigator and have adjusted the total number of potential licensees to 1,000 and assume DPR's request of 1.5
additional FTE should be able to handle the workload;
(2) Adjusted the licensure fee to $250 which should cover the operations of the Board;
(3) Assumed additional rental space would not be required and no additional furniture or equipment should be required since requested FTE are all part-time positions;
(4) Adjusted travel expense related to board meeting meal allowances by $840 as a result of
Office of Administration travel guidelines which do not allow meals for state employees when they are in their official domicile; and
(5) Used DPR's estimates unless otherwise noted.
Sections 337.300 through 337.530 - COUNSELORS AND THERAPISTS
Officials from the Office of the Attorney General (AGO) assume representation of the Board of Counselors and Therapists would require 0.5 (part-time) Assistant Attorney General I. AGO assumes salary and fringe benefits related to this position would cost General Revenue $18,437 in FY 2004; $22,677 in FY 2005; and $23,244 in FY 2006.
Oversight assumes the AGO will be reimbursed for services from the Board of Counselors and Therapists Fund relating to representation provided to the Board.
Officials from the Department of Economic Development - Division of Professional Registration (DPR) assume the proposal would have no fiscal impact on their division. DPR states that over a period of time costs for marital and family therapists may be reduced which would allow for the license fees for marital and family therapists to also be reduced.
Sections 337.604; 337.633 - SOCIAL WORKERS
Officials from the Department of Social Services - Division of Family Services (DFS) assume the proposal may require changes to the personnel system if it is found that agency staff can no longer be referred to as Social Service Workers, Social Work Specialists or Social Service
Supervisors. DFS states if agency titles were required to change, items including the title, such as business cards and identification badges, would need to be replaced. In addition, changes to wording in the agency policy manuals may be required. DFS notes there is a lack of definition ASSUMPTION (continued)
(in the proposal) of the forms of the title that prevent calculating an exact impact. DFS assumes the impact would be less than $100,000 annually.
Oversight assumes any cost arising from the need to replace/update business cards, identification badges, letterhead and policy manuals could be paid from existing resources. Oversight further assumes any such cost should be incurred in fiscal years 2004 and 2005 only.
Officials from the Department of Economic Development - Division of Professional Registration state having reviewed the proposed legislation and having sought the conclusion of the appropriate board(s), they are of the opinion this fiscal note in its present form, has no fiscal impact to our division. However, if any individual, government entities, public or private agency or organization violates any provision of section 337.604 the board shall impose a fine up to $1,000 which would increase the Social Work Fund, which in turn would increase total state revenue.
Oversight assumes revenue from fines paid would go to the Social Work Fund; however, the proposal doesn't require any individual or agency to disobey the law. Oversight assumes individuals and public and private agencies will comply with the provisions of the proposal and therefore assumes no direct fiscal impact on state funds.
Sections 343.010 through 343.250 - AUCTIONEERS
Officials from the State Treasurer's Office (STO) note the proposal does not state who is to administer the fund and the subaccount. STO officials assume it is Professional Registration's responsibility. STO notes subaccounts are not feasible on the current state accounting system or the STO's fund accounting system. Either the subaccount moneys are contained within the State Board of Auctioneers fund and tracked separately only through reporting (no expenditure controls are feasible), or a separate fund must be set up. STO notes no interest will be distributed
to the fund or the subaccount and therefore assumes no fiscal impact.
Officials from the Office of the Attorney General (AGO) assume representing the Board of Auctioneers would require 0.5 (part-time) Assistant Attorney General I. AGO assumes salary and fringe benefits related to this position would cost General Revenue $18,437 in FY 2004; $22,677 in FY 2005; and $23,244 in FY 2006.
Oversight assumes the AGO will be reimbursed for services from the State Board of Auctioneers Fund.
ASSUMPTION (continued)
Officials with the Department of Economic Development-Division of Professional Registration (DPR) estimate the proposal will result in the licensing of 425 (350 auctioneers and 75 apprentice auctioneers) auctioneers. DPR assumes a fee of $525 will be paid for all categories of licensure with biennial renewal. DPR estimates a 3% growth rate and assumes licensure begins in FY 2005, resulting in revenue to the State Board of Auctioneers Fund of $223,125 in FY 2005 and $3,347 in FY 2006. DPR notes, in accordance with the proposal, $50 per year ($100 biennially), per licensee, will be deposited into the auctioneer fund subaccount.
DPR assumes all fees collected and all expenses would be deposited into and paid out of the State Board of Auctioneers Fund. DPR notes expenses occurring prior to an appropriation (FY 2004) would be borrowed from another fund within Professional Registration and paid back in FY 2005 or FY 2006.
DPR assumes implementation of the proposal will require hiring an additional 1.0 FTE in FY 2005, as follows: 0.5 Principal Assistant (0.5 FTE at $48,240) to serve as the senior executive officer of the agency and 0.5 Licensure Technician II (0.5 FTE at $24,492) to provide technical
support, process applications for licensure and respond to any inquiries related to the licensure law or rules & regulations. DPR assumes rental space will be needed for these additional FTE at an annual cost of approximately $1,700.
DPR assumes the five (5) member board would meet four (4) times per year for two (2) days per meeting, in Jefferson City. DPR notes the Principal Assistant, Licensure Technician and an Attorney General representative will also attend the meeting. DPR assumes there would be four (4) meetings in FY 2004 to promulgate rules and regulations. DPR notes the proposal does not allow for per diem or expense reimbursement, therefore, no costs for board meetings have been estimated.
DPR assumes eight (8) complaints would be received each year and would require, on average, five hours each to complete. DPR estimates 15% of these complaints (1) will require field investigations, each needing 30 hours of field work and one night's lodging. Travel expenses for the investigation are estimated at $255 annually. DPR assumes complaints and investigations would not start until FY 2006.
DPR assumes there will be a cost associated with needing the services of the Attorney General's Office (AGO). DPR estimates 25% of investigations (1) would be forwarded to the AGO for
further action. Assuming $5,400 cost per case, DPR estimates $5,400 annually beginning in FY 2006. DPR also estimates the AGO would provide approximately 60 hours of assistance with rules, opinions and meetings per year. Assuming an hourly rate of $60.87, these costs are estimated at $3,652 yearly beginning in FY 2004.
ASSUMPTION (continued)
DPR assumes printing and postage costs will be incurred in the first year for statute and rule mailings and for startup printing of rules, applications, letterhead and envelopes. DPR estimates
printing and postage costs at $6.19 per licensee in the first year, for a total cost of $2,631. Subsequent years' printing and postage costs are expected to be $1,500 annually, based on a similarly-sized board.
DPR assumes licensed private investigators will represent 0.50% of DPR's overhead. As such, the board will be required to reimburse the Division and the Department of Economic Development for its share of administrative overhead costs, $12,498 per annum. DPR assumes these costs will begin in FY 2004.
Oversight has done the following to calculate the fiscal impact:
(1) Adjusted the licensure fee to $425 which should cover the operations of the Board;
(2) Assumed additional rental space would not be required and no additional furniture or equipment should be required since requested FTE are all part-time positions;
(3) Assumed the additional $50 fee paid by licensees upon application or renewal will be treated as income to the State Board of Auctioneers Fund - Subaccount;
(4) Payments to aggrieved parties will be made from the State Board of Auctioneers Fund - Subaccount as opposed to the PR Fees Fund;
(5) Assumed the State Board of Auctioneers Fund - Subaccount will maintain a positive balance through the Board's diligence to collect reimbursement from licensees for all amounts paid to an aggrieved party due to the violation of the licensee; and
(4) Used DPR's estimates unless otherwise noted.
Oversight assumes there will be a loss of revenue to any county which has previously received fee income from auctioneers.
This proposal would increase total state revenue.
| FISCAL IMPACT - State Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| DIETITIAN FUND (Section 324.205) | |||
| Income - Div of Professional Registration | |||
| Licensure Fees | $115,800 | $3,474 | $116,840 |
| ESTIMATED NET EFFECT ON DIETITIAN FUND |
$115,800 |
$3,474 |
$116,841 |
| PRIVATE INVESTIGATOR EXAMINERS FUND (Sections 324.1100 to 324.1140) | |||
| Income - DPR | |||
| Licensure Fees/Renewals | $0 | $250,000 | $7,500 |
| Cost - DPR | |||
| Transfers to PR Fees Fund | $0 | ($127,734) | ($109,437) |
| ESTIMATED NET EFFECT TO PRIVATE INVESTIGATOR EXAMINERS FUND |
$0 |
$122,266 |
($101,937) |
| CRIMINAL RECORD SYSTEM FUND (Section 324.1108) | |||
| Income - Missouri State Highway Patrol | |||
| Fingerprint Fees | $0 | $12,236 | $380 |
| Transfer - Missouri State Highway Patrol
Federal Portion (FBI) of Fingerprint Fees |
$0 |
($7,728) |
($240) |
| ESTIMATED NET EFFECT ON CRIMINAL RECORD SYSTEM FUND |
$0 |
$4,508 |
$140 |
|
|
|||
| STATE BOARD OF AUCTIONEERS FUND (Section 343.101 to 343.250) | |||
| Income - DPR | |||
| Licensure Fees/Renewals | $0 | $180,625 | $5,419 |
| Cost - DPR | |||
| Transfers to PR Fees Fund | $0 | ($89,703) | ($80,372) |
| ESTIMATED NET EFFECT TO STATE BOARD OF AUCTIONEERS FUND |
$0 |
$90,922 |
($74,953) |
| STATE BOARD OF AUCTIONEERS FUND - SUBACCOUNT | |||
| Income - DPR | |||
| Special Auctioneer Fees (Section 343.404) | $0 | $21,250 | $638 |
| Reimbursements from Licensee(s) (Section 343.410) | $0 | Unknown | Unknown |
|
Total Income - DPR |
$0 |
$21,250 to Unknown | $638 to Unknown |
| Cost - DPR | |||
| Payments to Aggrieved Parties (Section 343.410) | $0 | (Unknown) | (Unknown) |
| ESTIMATED NET EFFECT ON STATE BOARD OF AUCTIONEERS FUND - SUBACCOUNT |
$0 |
Unknown* |
Unknown* |
| *Expected to be less than $100,000 | |||
|
|
|||
| PR FEES FUND | |||
| Income - DPR | |||
| Transfer from Private Investigator
Examiners Fund (Sections 324.1100 to 324.1140) |
$0 |
$127,734 |
$109,437 |
| Income - DPR | |||
| Transfer from State Board of
Auctioneers Fund (Sections 343.010 to 343.250) |
$0 |
$89,703 |
$80,372 |
| TOTAL INCOME - PR FEES FUND | $0 | $217,437 | $189,809 |
| Costs - DPR (Sections 324.1100 to 324.1140) | |||
| Board Member Per Diem | ($2,000) | ($2,000) | ($2,000) |
| Personal Service (1.5 FTE) | $0 | ($50,386) | ($51,646) |
| Fringe Benefits | $0 | ($20,391) | ($20,901) |
| Expense and Equipment | ($7,288) | ($12,884) | ($12,527) |
| Division Administration | ($12,498) | ($12,873) | ($13,259) |
| AGO | ($3,652) | ($3,762) | ($9,104) |
| Costs - DPR (Private Investigators) | ($25,438) | ($102,296) | ($109,437) |
| Costs - DPR (Section 343.010 to 343.250) | |||
| Personal Service (1.0 FTE) | $0 | ($38,207) | ($39,162) |
| Fringe Benefits | $0 | ($15,462) | ($15,849) |
| Expense and Equipment | $0 | ($3,249) | ($2,498) |
| Division Administration | ($12,498) | ($12,873) | ($13,259) |
| AGO | ($3,652) | ($3,762) | ($9,604) |
| Costs - DPR (Auctioneers) | ($16,150) | ($73,553) | ($80,372) |
| TOTAL COSTS - DPR | ($41,588) | ($175,849) | ($189,809) |
| ESTIMATED NET EFFECT ON PR FEES FUND |
($41,588) |
$41,588 |
$0 |
| FEDERAL FUNDS | |||
| FEDERAL BUREAU OF INVESTIGATION | |||
| Income - Fingerprint fees (Section 324.1108) |
$0 |
$7,728 |
$240 |
| ESTIMATED NET EFFECT ON FEDERAL BUREAU OF INVESTIGATION |
$0 |
$7,728 |
$240 |
| FISCAL IMPACT - Local Government | FY 2004
(10 Mo.) |
FY 2005 | FY 2006 |
| COUNTY GENERAL REVENUE | |||
| (Repeal of Sections 343.080 & 343.090) | |||
| Loss - All Counties | |||
| Fee Income from Auction Licenses No Longer Paid to County Clerks |
(Unknown Up to $21,250) |
(Unknown Up to $21,250) |
(Unknown Up to $21,250) |
| ESTIMATED NET EFFECT ON COUNTY GENERAL REVENUE |
(Unknown Up To $21,250) |
(Unknown Up to $21,250) |
(UnknownUp to $21,250) |
FISCAL IMPACT - Small Business
This proposal could result in a cost savings for individuals nurses who currently maintain licenses in more than one state, including Missouri. Small businesses could expect a fiscal impact as a result of this proposal due to application, training and fingerprint search fees as well as the loss of manpower and salaries for investigators required to meet training standards. Small businesses could be affected by potential decreases in licensing fees for therapists and counselors. This proposal could affect small businesses by allowing some physical therapists to begin practicing sooner.
DESCRIPTION
This proposal contains numerous provisions relating to the Division of Professional Registration. The provisions of the proposal include:
DESCRIPTION (continued)
DIETICIANS
Sections 324.200; 324.203; 324.205; 324.206; 324.210; 324.215; 214.216
Modifies provisions relating to the licensing of dietitians.
Section 324.400
Definitions for "dietetics practice" and "registered dietitian" are created.
Section 324.403
The State Committee of Dietitians is placed within the division of professional registration. The Committee shall assist the division in carrying out the provisions of the Dieticians Practice Act and shall approve the licensing examination.
Section 324.405
Certain persons are exempted from the licensure requirements of this proposal provided they do not hold themselves out as a dietitian.
Section 324.216
Licensees are allowed to let their license lapse or be put on inactive status, provided the licensee does not practice during the time the license is lapsed or inactive. The proposal creates requirements for maintaining an inactive license and for reinstating a lapsed license. A person practicing with a lapsed or inactive license shall be guilty of a Class A misdemeanor.
PRIVATE INVESTIGATORS
Sections 324.1100 through 324.1140
Creates the Board of Private Investigator Examiners within the Division of Professional Registration. The Board will consist of five members appointed by the Governor with the advice and consent of the Senate. The members may receive compensation as determined by the director and shall be reimbursed for actual and necessary expenses. The Board shall be a body corporate and may sue and be sued. The Board of Private Investigator Examiners Fund is also created.
DESCRIPTION (continued)
The proposal makes it unlawful for persons to engage in the private investigator business unless licensed. Application requirements are specified. The Board shall ensure applicants complete a course of training conducted by a certified trainer; pass a written examination; and submit to an oral interview with the Board. Complete background checks will be conducted on all applicants. The proposal grandfathers current private investigators and a license will be issued to such persons who apply within 180 days if the applicant shows registration and good standing as a business and $250,000 in business general liability insurance. The Board is given authority to review reciprocity applications.
Grounds for denial of licensure are specified. The Board shall set the fees for licensure at a level to produce revenue which will not substantially exceed the cost and expense of administering the provisions of the proposal. Licenses shall expire two years after issuance and provisions for renewal are provided.
License disciplinary procedures are specified. The Board is given rulemaking authority. The Board shall certify qualified trainers of private investigators. Persons who knowingly falsify fingerprints or photographs or other information required to be submitted is a Class D felony. Violation of other provisions is a Class A misdemeanor unless it is a second or subsequent violation in which case it is a Class D felony.
Provisions for licensure of current law enforcement officers and limitations one their conduct are specified.
LANDSCAPE ARCHITECTS
Section 327.401
Adds the rights to practice as a landscape architect to those of a professional engineer and professional land surveyor as not being transferable.
Section 327.411
This proposal includes landscape architects in statutes concerning the right to practice and use of a personal seal. Currently, only architects, professional engineers and professional land surveyors are included in such sections.
Section 327.172
Ceates an inactive license status for architects. An inactive licensee shall not practice as an
DESCRIPTION (continued)
architect in this state, but may continue to use the title "architect." In order to reinstate such license to active status, the licensee must meet certain competency requirements established by the board of architects, professional engineers, professional land surveyors and landscape architects. Inactive licensees who fail to maintain a current license in any state for more than five years prior to requesting licensure reinstatement must take a licensing examination deemed appropriate by the board.
BARBERS
Section 328.110
Allows barbers whose licenses have lapsed for over two years but less than five years to have their licenses reinstated by making application to the State Board of Barber Examiners, passing the practicum portion of the state licensing exam and paying the appropriate fees.
CHIROPRACTORS
Section 331.010
Chiropractors licensed in another state do not need to be licensed in this state if such chiropractor consults on a patient with a Missouri licensed chiropractor and the Missouri chiropractor retains ultimate control, or the out-of-state chiropractor renders a chiropractic opinion or provides testimony in any civil or criminal action pending in this state.
Section 331.030
Modifies reciprocal licensing of chiropractors to remove the requirement that the licensing authority of another state must grant reciprocal licensing to Missouri licensees. The board may require additional examination of reciprocal licensing applicants if the requirements for licensure in the other state are not equivalent at the time application is made for licensure in this state.
Section 331.050
An inactive license status is created. The Board shall place qualified applicants on inactive status upon application. Inactive licensees may practice only on themselves and their families. Inactive licensees do not have to comply with continuing education requirements. Licensees wishing to reactivate their license within five years must meet all established requirements, excluding the licensing examination.
DESCRIPTION (continued)
Section 331.053
A patient records statute is created. The proposal defines what constitutes a complete patient record. Patient records must remain under the control of the chiropractor for a minimum of seven years from the date of last professional service. Any corrections or additions made after 48 hours must be clearly marked. Violation of this statute shall only be a secondary cause for discipline of the chiropractor's license. The Board shall not obtain a medical record without the issuance of a subpoena.
PHYSICAL THERAPISTS
Sections 334.530 through 334.670
The Board of Healing Arts may waive the mandatory denial of a license to a physical therapist or physical therapist assistant applicant who fails the licensing examination three or more times if the applicant is licensed, has passed a licensing examination and has practiced in another state for two years without any disciplinary action, or has held an undisciplined provisional license for two years. If the applicant has obtained a higher professional degree since failing the exam three times, then such applicant is approved to sit for the exam an additional three times. The proposal deletes the requirement that the board shall preserve examination grades or scores for three years.
A provisional license classification is created for both physical therapists and physical therapist assistants. The Board may issue a provisional license to an applicant who has failed the licensing examination three or more times, achieved a passing score on a licensing examination, and otherwise meets all requirements for permanent licensure. The provisionally licensed physical therapist or physical therapist assistant must practice under the direction and supervision of a
licensed physical therapist.
The issuance of a temporary license to a physical therapist or physical therapist assistant is limited to six months. A temporary license may be renewed for an additional six months following the first failure of a licensing examination. Such temporary license shall not be renewed after the second failure of a licensing examination. Upon the second failure, the applicant must complete a board-approved remediation program before taking the exam for a third time. Upon failure for the third time, the board shall not permit such applicant to reapply for the examination. Such person shall not receive a license to practice as a physical therapist or physical therapist assistant in this state, except as otherwise provided in sections 334.500 to 334.625, RSMo.
DESCRIPTION (continued)
NURSE LICENSURE COMPACT/ADVANCED PRACTICE REGISTERED NURSE COMPACT
Sections 335.500 and 335.600
Creates two multistate nursing licensure compacts; one for registered nurses and one for advanced practice registered nurses. These compacts allow licensed registered nurses and advanced practice registered nurses to practice nursing in states which participate in one of the nurse licensure compacts. All states wishing to participate in the compacts must adopt articles of authorization listed in the proposal.
PSYCHOLOGISTS
Section 337.030
An inactive license status is created for psychologists. An inactive licensed psychologist shall not hold himself or herself out as being professionally engaged in the regular practice of psychology and shall not engage in the regular practice of psychology. Inactive licensees do not have to complete continuing education. An inactive licensee may reactivate the license by completing a committee-approved application, paying required fees, and submitting proof of current competency.
COUNSELORS AND THERAPISTS
Section 337.300
Provides the necessary definitions for professional counselors and marital and family therapists.
Section 337.303
Creates the Board of Counselors and Therapists, which shall consist of nine members to be appointed by the Governor.
Section 337.305
Abolishes the State Committee of Marital and Family Therapists and the Committee for Professional Counselors and their duties will merge into the Board of Counselors and Therapists.
DESCRIPTION (continued)
Section 337.306
Communications made to licensed professional counselors and licensed marital and family therapists shall be considered privileged.
Section 337.312
The Board of Counselors and Therapists Fund is created in the state treasury and will consist of all moneys collected by the Board.
Section 337.315
The Board has the authority to promulgate rules for applications for licenses, fees, examinations, and determining grievances and violations.
Section 337.403
Prohibits any unlicensed person from being referred to or practicing as a marital and family therapist.
Section 337.406
Requires marital and family therapists to be licensed and meet the requisite educational
and examination requirements to practice and be compensated.
Section 337.412 and 337.415
Details the licensure requirements for marital and family therapists.
Section 337.418
Licenses for marital and family therapists will expire every two years. The Board may issue temporary permits for extenuating circumstances.
Section 337.430
The Board may refuse to issue or renew a license for a marital and family therapist for any one of a combination of specified causes.
DESCRIPTION (continued)
Section 337.433
Anyone violating the provisions of 337.400 to 337.430 will be guilty of a Class B misdemeanor.
Section 337.440
The Board shall have the authority to issue subpoenas and require production of documents and records.
Section 337.505
Prohibits any unlicensed person from being referred to or practicing as a professional counselor.
Section 337.505 and 337.510
Details the licensure requirements for professional counselors.
Section 337.525
The Board may refuse to issue or renew a license for a professional counselor for any one of a combination of specified causes.
Section 337.530
Anyone violating the provisions of 337.505 to 337.540 will be guilty of a Class B misdemeanor.
Sections 337.500; 337.520; 337.540; 337.700 through 337.739 (REPEAL)
The effective date for the repeal and enactment of the sections regarding the Board of Counselors and Therapists is July 1, 2005 or such time as the governor appoints the members of the Board of Counselors and Therapists and said appointments are confirmed by the senate, whichever occurs sooner.
SOCIAL WORKERS
Section 337.600
Defines "social worker" as any individual that has earned a social work degree from an accredited social work program approved by the Council on Social Work Education or that holds a current state baccalaureate or clinical social work license.
DESCRIPTION (continued)
Section 337.604
Prohibits any person from holding themselves out as being a social worker or using the title of "social worker" unless the person holds a current license in baccalaureate or clinical
social work issued by the State Committee for Social Workers or holds a degree from an accredited social work program approved by the Council on Social Work Education.
Beginning January 1, 2004, no person may use the title of "social worker" for volunteer or employment positions within contracts for services, documents, manuals, or reference material unless those persons being referred to have met all educational requirements set forth by the proposal.
Section 337.633
Violation of section 337.604 shall be subject to a fine of up to $1,000.
REAL ESTATE APPRAISERS
Section 339.517
Provides that the Real Estate Appraisers Commission may require that some or all of the real estate appraising experience of an applicant for licensure be obtained in this state.
Section 339.537
Upon request by the Commission, certified and licensed real estate appraisers must make certain records available for inspection or copying at the expense of the appraiser. Currently, when litigation is contemplated, reports and records must be retained for three years after the trial date. This proposal requires the records and reports to be retained for two years after the final disposition.
ADMINISTRATIVE HEARING COMMISSION
Section 621.045
Places the Missouri Board for Architects, Engineers, Land Surveyors and Landscape Architects as well as the Board of Private Investigators under the purview of the Administrative Hearing Commission.
DESCRIPTION (continued)
AUCTIONEERS
Sections 343.010 through 343.250
This proposal changes the procedures for the licensing of auctioneers. Current law provides for the licensing of auctioneers by counties. This proposal creates a State Board of Auctioneers in the Division of Professional Registration within the Department of Economic Development. The Board shall be composed of five members appointed by the Governor with the advice and consent of the Senate. The Board oversees the examination and licensing of persons engaged in the practice of auctioneering. Rulemaking authority is granted to the Board. Licenses shall expire two years after issuance and provisions for renewal are provided.
The Board may refuse to issue any license and shall advise the applicant of their rights to file a complaint with the Administrative Hearing Commission. Administrative hearing procedures will apply. Upon a finding by the administrative hearing commission, the Board may censure, place on probation for up to two years, suspend for up to five years, or revoke a person's license.
The proposal will not apply to certain types of auctions. The Board shall set the fees for licensure at a level to produce revenue which will not substantially exceed the cost and expense of administering the provisions of the proposal. The State Board of Auctioneers Fund is also created. The Board will annually collect a fee of fifty dollars from each applicant and licensee to fund a subaccount of the State Board of Auctioneers Fund. The subaccount will be used to compensate individuals aggrieved by the actions of a licensee.
Sections 343.101; 343.030; 343.040; 343.050; 343.060; 343.070; 343.080; 343.090; 343.100; 343.250 (REPEAL)
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.
SOURCES OF INFORMATION
Department of Economic Development
Division of Professional Registration
Office of Secretary of State
Administrative Rules Division
Office of Administration
Administrative Hearing Commission
Office of State Public Defender
Office of State Courts Administrator
Department of Public Safety
Missouri State Highway Patrol
Office of the Governor
Senate Administration
Department of Elementary and Secondary Education
Missouri Commission for the Deaf and Hard of Hearing
Department of Corrections
Office of Prosecution Services
Office of State Treasurer
Department of Social Services
Division of Family Services
Department of Mental Health
Department of Health and Senior Services
Mickey Wilson, CPA
Director
April 14, 2003