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Administrative Law/Licensing

SS SCS HCS HB 73 & 47 – Temporary Assistance Benefits for Needy Families Program (See Poverty Law)

SS#2 SCS HCS HB 89 – Natural Resources (See Environmental & Energy Law)

SS SCS HCS HB 265 – Professional Registration Changes numerous laws regarding professional registration.

PROFESSIONAL LICENSES (Section 324.014, RSMo) Any board, commission, committee, council, or office in the Division of Professional Registration within the Department of Insurance, Financial Institutions and Professional Registration must notify any known current employer of a change in a licensee’s license and discipline status.  An employer may provide the division with a current list of licensed employees and request in writing to the board, commission, committee, council, or office to be notified regarding any change in the licensing status of an employee.

DIVISION OF PROFESSIONAL REGISTRATION (Sections 324.043, 324.045, 536.036, 536.067, 621.045, and 621.100) Changes the laws regarding disciplinary and administrative procedures for professions and businesses regulated by the Division of Professional Registration within the Department of Insurance, Financial Institutions and Professional Registration.  The division or any board, committee, commission, or office within the division is authorized to enter a default decision against a licensee if he or she fails, upon proper notice, to plead or otherwise defend against a disciplinary proceeding.  A default decision may be set aside if, within 30 days after the default decision, the person files a motion which states facts constituting a meritorious defense and for good cause shown.

STATE BOARD OF REGISTRATION FOR THE HEALING ARTS (Sections 334.001, 334.040, 334.070, 334.090, 334.099, 334.100, 334.102, 334.103, 334.108, 334.715, 536.063, 536.070, and 621.110)

(1) Requires the State Board of Registration for the Healing Arts within the Department of Insurance, Financial Institutions and Professional Registration to release, upon the request of any person, certain specified information regarding individuals who are licensed or applying for licensure by the board and allows it to publish the information on its website.  The board must disclose specified confidential information to a licensee or applicant upon request without charge if the information is less than five years old.  If the requested information is more than five years old, the board may charge a fee as specified by regulation;

(2) Removes the provision authorizing the board to require a doctor licensed in another state to pass an examination prior to waiving the Missouri examination requirement.  The board is authorized to require the successful completion of another examination, continuing medical education, or further training prior to issuing a permanent medical license to an applicant who has not actively practiced medicine or held a teaching or faculty position in a specified approved medical or osteopathic school for two of the three years before his or her application;

(3) Allows the board to initiate a contested hearing to determine if reasonable cause exists to believe that a licensee or applicant is unable to practice his or her profession.  The board may require a licensee or applicant for a license to submit to an examination of his or her skills, a multi-disciplinary evaluation, or a substance abuse evaluation after the hearing if there is cause to believe that the individual is incompetent, is mentally or physically incapacitated, or excessively uses or abuses alcohol or controlled substances.

(4) Authorizes the board to cause a complaint to be filed with the Administrative Hearing Commission against a licensee for violating a municipal ordinance, prescribing drugs through the internet without a valid physician-patient relationship, being on a state or federal sexual offender registry, violating a probation order or other settlement agreement, engaging unethical or unprofessional conduct involving a minor, knowingly making a false statement to the board, habitual intoxication or dependence on alcohol, failing to comply with a treatment or an aftercare program, or probation or voluntary termination of any controlled substance authority, or violating any professional trust or confidence;

(5)  Requires the board to hold a hearing to determine if probable cause exists when determining whether to issue an emergency suspension or impose a restriction on a licensee for engaging in sexual conduct with a patient; sexual misconduct with a minor; possession of a controlled substance without a valid prescription; court-determined incapacity or disability; habitual intoxication or alcohol or drug addiction; failing to comply with various treatment programs, or any conduct that is a serious danger to the health, safety, or welfare of a patient or the public.  The suspension or restriction will take effect when the document is served to the licensee;

(6) Authorizes the board to initiate a hearing before itself for disciplining a licensee’s license or certificate for certain actions.  A final decision of the commission or the board is appealable to the circuit court;

(7) Revises the laws regarding the board’s authority to discipline athletic trainers; and

(8) Requires a doctor, prior to prescribing any drug, controlled substance, or other treatment through the internet, to establish a valid physician-patient relationship;

(9) Prohibits evidence contesting or challenging the basis of a criminal conviction from being admissible in an administrative hearing; and

(10)  Requires the Administrative Hearing Commission to deliver findings of fact and conclusions of law in a disciplinary case to the appropriate agency within 120 days of the date the case became ready for decision.

This bill also makes changes in provisions relating to the licensure of  funeral directors and embalmers and revises various laws relating to preneed funeral contracts(Sections 333.041-333.061, 333.061, 333.091, 333.151, 436.405, 436.412, and 436.445- 436.456) (Signed 7/13/11)

CCS/HCS/SB 48 – Utilities (See Utilities Law)

CCS/HCS/SB 284 – Pharmacies (See Health & Hospital)

SS SB 306 – Credit Unions (See State Government)