Licensing Law

SCS HCS HB 298 — Missouri Blasting Safety Act. (See Construction Law)

HB 554 — Discrimination Against Licensed Professional Counselors. (See Health/Hospital Law)

HCS HB 555 — Complaints by Inmates Against Professional Counselors and Licensed Clinical Social Workers. Revises the complaint procedure and document retention requirements when an inmate files a complaint against a licensed professional counselor or licensed clinical social worker. When a complaint by an inmate is found to be lacking merit, no further disciplinary action will take place, no documentation will appear on file, and no notification will be given to the Committee for Professional Counselors or the State Committee for Social Workers within the Department of Insurance, Financial Institutions, and Professional Registration unless there are grounds for disciplinary action to be taken against a counselor’s license. A licensee subject to a claim without merit prior to the effective date of the bill may request the committees to destroy documents pertaining to the claim, to notify other state licensing boards that the claim was unsubstantiated, and to supply him or her with a letter stating that the claim was unsubstantiated. Licensees will not be required to disclose the existence of unsubstantiated claims. (Signed 6/30/07)

CCS SS SCS HCS HB 780 — Professional Registration. Changes the laws regarding the licensure of certain professions in the Division of Professional Registration within the Department of Insurance, Financial Institutions, and Professional Registration.

Professional License Renewal. Deaf interpreters, occupational therapists, occupational therapy assistants, clinical perfusionists, dietitians, massage therapists, interior designers, acupuncturists, tattooists, body piercers, and branders are added to the list of licensed professionals who are allowed to extend their license renewal with the division while on active military duty until within 60 days after completing their service.

Chronic Kidney Task Force. The Chronic Kidney Task Force is established.

Mixed Martial Arts. Changes the laws regarding the regulation of mixed martial arts, full-contact karate, boxing, kickboxing, and wrestling.

Private Investigators. The Board of Private Investigator Examiners is established within the division. No person can provide private investigative services without first being licensed.

Architects, Engineers, Land Surveyors, and Landscape Architects. The Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects is authorized to impose civil penalties upon any person practicing these professions without a valid license, subject to an administrative action by the board.

Complaints must be filed with the Administrative Hearing Commission. If the commission finds that an unlicensed person has violated the provisions of the bill, the board may issue a civil penalty not to exceed $5,000 for each day of violation, with a maximum penalty of $25,000. The person being fined has the right to appeal to a circuit court. Once the case is finalized, the Attorney General will commence an action to recover the penalty, including court costs, attorney fees, and surcharges.

The board is also authorized to assess reasonable costs and expenses incurred in conducting the investigation and administrative hearing and impose a civil penalty against a licensee after the commission has found a cause for discipline.

An unlicensed individual will be allowed to use a form of the word “engineer” without being subject to disciplinary action if the use of the term is reflective of his or her profession and does not imply that he or she is a professional engineer.

Chiropractic. The definition of “practice of chiropractic” is revised to the examination, diagnosis, and treatment by methods commonly taught in any chiropractic college or chiropractic program in a university which has been accredited by the Council on Chiropractic Education, its successor entity, or a program approved by the State Board of Chiropractic Examiners.

State Board of Registration for the Healing Arts. A graduate of an accredited foreign medical school is allowed to serve as a member of the State Board of Registration for the Healing Arts.

Changes the laws regarding the licensing of nurses, optometrists, social workers, nursing administrators and Audiology and hearing instrument fitters.

Marital and Family Therapy. The definition of “marital and family therapy” is revised to include diagnosing marital, family, and individual behavior within the context of marital and family systems.

The reciprocity provision regarding licensed marital and family therapists is changed to allow a person holding a current, unsanctioned license from another state whose requirements are substantially the same as Missouri’s to apply for a license with the State Committee on Marital and Family Therapists within the department without passing an examination.

Veterinarians. Specifies that nothing will prevent a veterinarian from compounding and dispensing his or her own prescriptions and that a veterinary license is not required for a person to sell, dispense, or fill pharmaceutical products or drugs for treating animals.

Real Estate Commission. The Missouri Real Estate Commission is authorized to impose civil penalties upon a licensee for a violation of the real estate licensing regulations and also against an unlicensed person performing any acts for which a valid real estate license is required. Complaints must be filed with the Administrative Hearing Commission; and if the commission finds that a person has violated provisions of the bill, the Missouri Real Estate Commission may issue a civil penalty, not to exceed $2,500 for each day of violation.

Disqualification List. The Department of Health and Senior Services is required to provide the employee disqualification list to any school of nursing, school of medicine, or school of any other health profession to verify whether students participating in patient care services are on the disqualification list. The list identifies individuals who have been determined by the department to have recklessly, knowingly, or purposely abused or neglected an in-home services or home health patient while employed by an in-home services provider or home health agency.

Deceptive Business Practices. The bill prohibits any person from advertising or conducting a live musical performance in Missouri while using a false, deceptive, or misleading affiliation between the performing group and the original recording group. The bill does not apply when:

(1) One member of the performing group was a member of the original recording group and has a legal right to advertise the affiliation;

(2) The performance is identified as a tribute or salute to the original recording group;

(3) The advertising does not relate to a performance to be held in Missouri;

(4) The performing group has express authorization from the original recording group to use the affiliation; or

(5) The performing group is an authorized registrant or owner of a trademark for the original recording group name.

The Attorney General or prosecuting attorney is authorized to bring an action for a temporary or permanent injunction against any person who is in violation of these provisions. Any person found in violation will be liable to the state for a civil penalty of $5,000 to $15,000 per violation and may be required to pay restitution to the original recording artist in an amount equal to the money acquired due to the false, deceptive, or misleading affiliation between the performing group and the original recording group.

The provisions regarding the mixed martial arts become effective July 1, 2008. (Signed 7/13/07)

SS#2 SCS HCS HB 818 — Health Insurance. (See Health/Hospital Law)

SS HCS HB 820 — Death Penalty Execution Team. (See Criminal Law)

SS SCS HCS HB 952 & 674 — Long-Term Care Facilities. (See Health/Hospital Law)

CCS HCS SB 30 — Taxation. (See Taxation Law)

HCS SCS SB 47 — Fire Protection and Volunteer Emergency Response Personnel. (See Labor/Employment Law)

SCS SB 66 — Insurance. (See Insurance Law)

SS SB 195 — Practice of Pharmacy. (See Health/Hospital Law)

HCS SCS SB 272 — Professional Registration. Changes the laws regarding the licensure of certain professions in the Division of Professional Registration within the Department of Insurance, Financial Institutions, and Professional Registration.

Professional License Renewals. Deaf interpreters, occupational therapists, occupational therapy assistants, clinical perfusionists, dietitians, massage therapists, interior designers, acupuncturists, tattooists, body piercers, and branders are added to the list of licensed professionals who are allowed to extend their license renewal with the division while on active military duty until within 60 days after completing their service.

Other provisions affect licensing and regulation of:

Endowed Care Cemeteries;
Landscape Architects;
Chiropractors;
Physical Therapists;
Professional Counselors;
Marital and Family Therapists; and
Real Estate Appraisers. (Signed 7/13/07)

CCS HCS SCS SB 299 & SS SCS SB 616 — Liquor Control. (See Commercial Law)

CCS#2 HCS SCS SB 308 — Licensed Professionals. (See Administrative Law)