Administrative Law
HCS HB 1339 — Real Estate Brokers. Changes the laws regarding real estate brokers. In its main provisions, the bill:
(1) Defines advertising;
(2) Exempts Internet advertising communications from licensing requirements when the advertising of real estate is incidental to its operation;
(3) Requires an applicant for a real estate broker's license to have worked as a real estate salesperson for at least two years instead of the current one year prior to making application for a license; and
(4) Requires any notice of appeal of the revocation of a license to be sent to the Administrative Hearing Commission within 90 days of mailing of the revocation by certified mail. (Signed 7/10/06)
HB 1494 — Licensing of Engineers and Land Surveyors. Authorizes the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects to issue land surveying and engineering licenses to persons meeting certain criteria specified in the bill. (Signed 6/29/06)
HCS HB 1759 — Athletic Trainers. (See Sports/Entertainment Law)
SCS SB 747 — Used Motor Vehicle Dealer Educational Courses. (See Motor Vehicle Law)
SB 749 — Interior Designers. Reduces the verification of experience requirements for registered commercial interior designers that is submitted to the National Council for Interior Design Qualification from five to two client references and from five to two industry references. (Signed 6/29/06)
CCS HCS SCS SB 756 — Professional Registration. Changes the laws regarding the licensing of certain professions within the Division of Professional Registration in the Department of Economic Development.
Prescriptive Authority. Authorizes advance practice nurses to prescribe certain substances containing pseudoephedrine while engaged in a collaborative agreement with a physician.
Massage Therapy. The Board of Therapeutic Massage is authorized to promulgate rules establishing requirements for granting licenses for certain applicants from other states. Massage therapy businesses are prohibited from employing an unlicensed person for the purpose of performing massage therapy services. The board is required to send copies of all board survey inspections to the business within 30 days of the inspection and is allowed to waive or extend the time requirements for completion of continuing education requirements under certain circumstances as determined by the board. Nonresident licensed massage therapists will be exempt from licensure if they are providing services or instruction in conjunction with disaster relief or at special events. The board is also authorized to contract for legal services.
Dental Records. Dentists are required to maintain complete and adequate patient records. Records must be retained for at least seven years from the date of the last professional service. Any addition or change to a patient's record made more than 48 hours after the final entry will be entered as an addendum and will specify the time; date; name of person making the addition, correction, or change; and the reason for the change. Laboratory work orders are also required to be maintained for seven years.
Revocation of Licenses. The State Board of Registration for the Healing Arts is authorized to revoke the professional license of any person licensed under Chapter 334, RSMo, who has been found guilty of a felony. Currently, it only applies to physicians.
Collaborative Agreement Reporting. Requires physicians to report to the State Board of Registration for the Healing Arts any collaborative practice or physician assistant agreement entered into within 30 days. Physicians are also required to provide the board with all their collaborative practice agreements when renewing their license. This information will be available to the public. The board is authorized to conduct random reviews of these agreements to determine whether licensees are in compliance with the provisions of the bill.
Athletic Trainers. Requires that after August 28, 2006, applicants for licensure as athletic trainers must pass the examination given by the National Athletic Trainers Association Board of Certification or its successor agency. Currently, the State Board of Registration for the Healing Arts administers the licensing examinations. Certain academic and experience requirements necessary for licensure are repealed.
Professional Counselors. Professional counselors licensed in other states are allowed to apply for licensure in Missouri without examination if the applicant has had no disciplinary action taken against his or her license in the past five years or has met all eligibility criteria established by the American Association of State Counseling Boards or its successor organization.
Social Workers. Clinical social workers licensed in other states are allowed to obtain a Missouri license if they have had no disciplinary action taken against their license in the preceding five years and their current state license has substantially the same licensing requirements as the State of Missouri.
Veterinarians. The Missouri Veterinary Medical Board is authorized to promulgate rules determining when applicants are required to submit an application for the licensing examination. Currently, applicants are required to make application 60 days prior to taking the examination.
Administrative Hearing Commission. The Administrative Hearing Commission is authorized to publish notifications of licensing cases to be heard before the commission if notification cannot be accomplished in person or by certified mail. (Signed 6/29/06)
HCS SB 819 — Licensing of Engineers and Land Surveyors. Authorizes the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects to issue land surveying and engineering licenses to persons meeting certain criteria specified in the bill. (Signed 6/29/06)
SCS SB 934 — Barber Shop Licenses. Allows a 45-day grace period for obtaining a new sanitary license when a barber shop changes ownership or location. During this period, inspections will be conducted without requiring the business to close or deviate from its regular hours of operation. (Signed 6/29/06)
SS SB 1066 — Telecommunications Companies. (See Commercial Law)
SB 1146 — Administrative Hearing and Review. Allows for the independent review of an agency's decision by an agency board other than the Administrative Hearing Commission. The aggrieved party may, within 30 days after the party receives notice of the agency's decision, waive the independent review by the agency board and file a petition in circuit court for the de novo review of the agency's decision. (Signed 7/12/06)