HS/HCS/SS/SS/SCS/SB 1122 - The act modifies numerous provisions regarding regulation of professions by the Division of Professional Registration.

DEAF INTERPRETERS - Persons enrolled in accredited interpreter training programs will be exempt from licensure if they are only engaged in activities which constitute part of their course of study. Certified deaf interpreters from other states will be allowed to practice without a license for the purpose of providing temporary services at special events. The division is given the authority to deny license renewal of deaf interpreters for failure to provide satisfactory evidence of current certification with the commission.

DIETITIANS - The act modifies provisions regarding the licensing of dietitians. The Commission on Accreditation for Dietetics Education of the American Dietetic Association is established as the accrediting body for persons wishing to become licensed dietitians in this state. The act creates definitions for "dietetic practice," "dietitian," "licensed dietitian," "medical nutrition therapy," and "registered dietitian". The State Committee of Dietitians is placed within the division. The committee is authorized to assist the division in carrying out the provisions of the Dietitians Practice Act. The Committee is required to approve the licensing examination. The act prohibits a person from using the title or saying they are licensed dietitians unless duly licensed by the committee. Certain persons are exempted from licensure, provided that they do not call themselves licensed dietitians. The act creates procedures for inactive and lapsed licenses.

INTERIOR DESIGNERS - This act removes the word "commercial" in describing registered interior designers. The act prohibits the state or any political subdivision from requiring the use of registered interior designer for any residential building or construction.

TATTOOISTS - The division is authorized to issue temporary licenses for persons entering the state for the sole purpose of participating in a state or national convention where the applicant will be practicing the profession of tattooing, body piercing, and branding. The temporary license will be valid for 14 days.

BARBER APPRENTICES - The act provides for the licensing of barber apprentices and the certification of barber apprentice supervisors. Prior to being eligible to apply for a barber's license, barber apprentices must work at least 2,000 hours under a licensed barber who is certified by the State Board of Barber Examiners as a barber apprentice supervisor. Applicants for a barber apprentice certificate must be at least 17 years old.

DENTISTS - The Dental Board is authorized to issue and enforce subpoenas, including subpoenas duces tecum. Board investigators are authorized to inspect any person or entity licensed or permitted by the board, including all facilities and equipment related to the delivery of dental care or the making of dental prostheses. The investigators may also inspect clinical and administrative records related to the dental care of patients. The definition of the "practice of dentistry" is modified to include persons who interfere with the dentist's independent professional judgement as well as persons who review patient data in order to make judgements or decisions about the quality of dental care rendered to a patient.

The act provides that nothing shall make it unlawful for dental hygiene students and persons practicing dentistry in county health departments, certain federally qualified health centers or migrant, community or health care for the homeless health centers to provide appropriate services without a license or registration.

Certain not-for-profit corporations may provide dental services if such corporation employs personnel licensed in this state and serves certain low-income populations. The act lists organizations and corporations which are exempted from the income restrictions. The corporation shall not interfere with a licensed dentist's professional judgement and must apply for a permit from the Dental Board to employ licensed dental personnel to render dental services. No fee shall be charged for the issuance or renewal of a permit. The permitted corporation shall be subject to discipline in the same manner as any other licensee of the board. Federally qualified health centers (FQHC) are exempted from the requirement to obtain a permit. Instead, the FQHC must register with the board. The registration is not subject to discipline, but licensees of the board are subject to discipline for actions taken while working at the FQHC. No fee may be charged for the registration.

The act authorizes the board to seek injunctive relief against a corporation or other entity and creates a new basis for seeking injunctive relief relating to interference by a person or entity with the professional judgement of a licensed dentist.

The determination of whether a service provided to a patient is covered or reimbursable under a dental benefit plan is not the practice of dentistry and not subject to the provisions of the dental practice act.

DENTAL HYGIENE ADVISORY COMMISSION - The Missouri Dental Board is required to pay a per diem not to exceed $50 a day for actual and necessary expenses incurred by members of the Advisory Commission for Dental Hygienists.

PHYSICAL THERAPISTS - The act authorizes a physical therapist practice pursuant to the prescription and direction of a physician, dentist or podiatrist licensed and practicing in another state.

This act modifies provisions relating to the licensure of physical therapists and physical therapist assistants. The act authorizes the board of healing arts to waive the mandatory denial of licensure to applicants for licensure as a physical therapist or physical therapist assistant who have failed the required examination three or more times. The board may waive the mandatory denial if the applicant is licensed in another state for three years without any discipline of the license and has passed a licensing exam in another state. Alternatively, for applicants as a physical therapist, the board may allow an applicant to sit for the exam three additional times if the applicant obtains a higher professional degree after the third failure.

The requirement that the examination must be the same for all applicants is eliminated, as well as the requirement that the board must preserve the examination grades and scores and make them available for public inspection.

Temporary licenses for physical therapists and physical therapist assistants will only be valid for 90 days or until the results of the examination are received. The temporary license cannot be renewed. A licensed physical therapist cannot supervise more than one temporary licensed physical therapist assistant. The act makes it a cause for discipline of a physical therapist's license to practice independent of the prescription and direction of a physician, dentist or podiatrist licensed in another state. These provisions are similar to HCS/SCS/SB 1181 (2004).

NURSING - The definition of "qualified employment" under the Nursing Student Loan Program is modified to include any licensed hospital as defined by the Hospital Licensing Law.

Only persons who are licensed as registered nurses and who hold recognition from the board of nursing as an advanced practice registered nurse may use the title "Advanced Practice Registered Nurse" or the abbreviation "APRN." This change is identical to SCS/SB 1218 (2004).

SOCIAL WORKERS - Residents of Missouri holding licenses to practice social work in other states will be granted licenses to practice social work if the other state's license requirements are substantially the same as Missouri's requirements.

The act prohibits the state or any political subdivision from discriminating against a social workers based on the social worker's level of education when requiring or recommending services which may be legally performed by a social worker.

PHARMACISTS - This act modifies the law relating to pharmacists, pharmacies, pharmaceutical services, and drug distributors. The act provides that pharmacy technicians must, at a minimum, be legal working age. The Board of Pharmacy may place the names of pharmacy technicians who commit certain crimes on the employee disqualification list. The board is authorized to deny licenses or issue probated licenses to pharmacy technician applicants who have committed certain crimes. The Board may refuse to issue or renew any certificate of registration or license for incompetence and for denial of licensure in another state, as well as disciplinary action in another state, regardless of whether it is was voluntarily agreed to or not. The Board may conduct a disciplinary hearing on any person who has failed to renew or has surrendered his or her license based on a finding of guilt against the person for certain crimes. The Board, upon a majority vote of the members, shall have the authority to administer oaths, issue subpoenas, and require production of documents and records. Any person who in good faith reports or provides assistance to the board, shall be immune from civil liability. The act adds two new pharmacy classifications: non-sterile compounding pharmacy and internet pharmacy. This language is identical to SCS/SB 1396 (2004).

SPEECH PATHOLOGY ASSISTANTS - The act repeals provisions regarding the licensing requirements of speech pathology assistants and requires them to have a bachelor's degree.

BAIL BOND AND SURETY RECOVERY AGENTS - The act modifies provisions regarding bail bond agents and establishes a licensing procedure for surety recovery agents, generally known as bounty hunters. The act specifies the requirements for obtaining a license to be a bail bond agent or surety recovery agent, establishes fees to cover the administration of the licensing, and grants authority to the Director of the Department of Insurance to regulate those agents. The act prohibits anyone from engaging in the bail bond business without being licensed by the department. Violation is a class A misdemeanor, and any subsequent offense is a class D felony.

Bail bond agents and surety recovery agents are required to receive at least 24 hours of basic training and eight hours of biennial continuing education, with a curriculum approved by the department. The costs of the training are to be paid by the applicant, but the cost cannot be more than $200 for the basic training and $150 for the biennial continuing education. Persons with at least two years of peace officer experience are exempt from the required training as a surety recovery agent. The act creates a $150 licensing fee, with the licenses valid for two years. The department is authorized to demand additional assignment of assets from a bail bond agent if circumstances warrant, up to $25,000. Current law allows up to $10,000.

The collateral demanded by bail bond agents must be reasonable in relation to the amount of the bond. The department is authorized to establish reciprocal agreements with other states which have similar qualifications and training requirements for bail bond industry licensees. The act prohibits the granting of a bail bond agent license or surety recovery agent license to anyone who, within the last 15 years, has been convicted of a felony; a crime involving moral turpitude or child molestation; or any crime involving the use of a weapon. The department is authorized to issue cease and desist orders to any person violating any of the provisions of the bill. The department is granted subpoena power to compel testimony regarding possible violations.

The act authorizes the department to file complaints with the Administrative Hearing Commission against licensees. Bail bond agents are authorized to detain subjects in a lawful manner and enter upon public or private property in order to execute apprehension of a subject, if the agent has probable grounds to believe the subject breached the terms of the surety agreement. Agents may not detain subjects for more than 72 hours. The provisions of these sections become effective January 1, 2005.

ATHLETE AGENTS - All athlete agents operating in this state will be required to be registered and certified by the division. Fees for registration and renewal will be set by the division and deposited into the Athlete Agent Fund, which is created by the act. Registration and certification are valid for a two-year period and may be renewed indefinitely. The division director may refuse to issue a certificate or may suspend or revoke a certificate because of the following circumstances: (1) the applicant has been convicted of a crime of moral turpitude; (2) the applicant made false statements on the application; (3) the applicant has had a similar license suspended or revoked in another state; or (4) the applicant has caused a student-athlete to be suspended from or to be ineligible for any interscholastic or intercollegiate athletic event. The act requires all contracts between agents and athletes to be written and contain certain information, including the basis for the agent's fee and a notice warning the student-athlete about the possible loss of eligibility.

LICENSURE OF FOREIGN APPLICANTS - The act requires persons from foreign countries when making application for a license or temporary permit to practice within any of the professions regulated by the division to provide their visa and/or passport identification number in lieu of a social security number.

FUND ACCOUNTS - The act requires money in the Athletic Fund, the State Committee of Psychologists Fund, the Committee of Professional Counselors Fund, the Marital and Family Therapists Fund, and the Hearing Instrument Specialist Fund to be three times the preceding year's appropriation prior to being placed in the General Revenue Fund.

This act is similar to SB 1207 (2004), SB 1181 (2004) and SB 1074 (2004).
JIM ERTLE