HCS/SCS/SB 146 - This act modifies various provisions of law relating to the removal of law enforcement officers from employment, licensing of private security personnel in Kansas City, teacher training in youth suicide prevention, the creation of the Missouri Health Information Exchange Commission and the Perinatal Advisory Council, healthcare professionals including nurses, physicians, physical therapists, speech-language pathologists, and audiologists, regulating previously unregulated professions, and nonbinding opinions issued by professional licensing boards.REMOVAL OF A LAW ENFORCEMENT OFFICER - 71.1000
The act establishes procedures for a governing body of a political subdivision to follow prior to the removal of a law enforcement officer from employment. Such procedures include notice to the officer, a statements of facts supporting just cause for removal, opportunity for the officer to be heard, and a simple majority vote by the governing body that the burden of just cause has been met for removal. The just cause standard is met if the officer is unable to perform the duties with reasonable competence as a result of a mental condition, has committed any act that constitutes reckless disregard for safety, has misrepresented a material fact for any improper or unlawful purpose, acts in a manner for the sole purpose of furthering his or her self-interest in a manner inconsistent with the interest of the public, violates any law which constitutes a felony, or is found to be insubordinate or in violation of a policy.
This section is identical to HB 1294 (2015) and HCS/SCS/SB 107 (2015) and substantially similar to HCS/SB 364 (2015).
SECURITY PERSONNEL, KANSAS CITY - 84.720
This act provides that if a person has an occupational license issued by the Missouri Gaming Commission, then such person does not have to obtain a written license from the president of the police commissioners in order to act as a private security personnel or provide private security services in Kansas City.
This section is identical to provisions in HCS/SB 364 (2015) and substantially similar to provisions in HCS/HB 1154 (2015) and HCS/SCS/SB 245 (2015).
YOUTH SUICIDE AWARENESS AND PREVENTION EDUCATION - 170.047, 170.048
Beginning in the 2016-2017 school year, any licensed educator may annually complete up to two hours of training or professional development in youth suicide awareness and prevention as part of the professional development hours required for State Board of Education certification.
The Department of Elementary and Secondary Education must develop guidelines for training or professional development in youth suicide awareness and prevention. The Department must also develop materials that may be used for such training or professional development.
Each district must adopt a policy for youth suicide awareness and prevention by July 1, 2017. The Department of Elementary and Secondary Education must develop a model policy by July 1, 2016 that districts may adopt. The Department must cooperate, consult with, and seek input from organizations that have expertise in youth suicide awareness and prevention. By July 1, 2020, and at least every three years thereafter, the Department must request information and seek feedback from districts on their experience with the policy for youth suicide awareness and prevention. The Department shall review this information and may use it to adapt the department's model policy. The Department must post the information it receives from districts on its website that it deems relevant. The Department must not post any confidential information or any information that personally identifies a student or school employee.
These provisions are identical to provisions in SCS/SB 328 (2015), HCS/SCS/SB 107 (2015), CCS/SS/SCS/HB 458 (2015), and SS/SCS/HB 556 (20150, and substantially similar to HB 1293 (2015).
HEALTH INFORMATION ORGANIZATION - 191.236, 191.237, 191.238
This act creates the Missouri Health Information Exchange Commission, which shall have the authority to develop a health information organization approval process. The approval process shall include compliance with commonly and equally applied standards relating to interoperability between approved health information organizations, transparency, financial and operational sustainability, and data security. The Commission shall also develop re-approval and investigational processes.
Additionally, this act requires the state to end the practice of conveying "state designated entity" status to any health information organization, as well as requiring the state to cease awarding and funding single feasible source vendor contracts to health information organizations operating within the state. Instead, only approved health information organizations shall be qualified to respond to contracting procurement opportunities. The state shall not restrict the availability of or access to any state agency-sponsored data sets.
Finally, this act requires approved health information organizations to exchange standard-based clinical summaries for patients and clinical and claims data from any agency within the state with all other approved health information organizations within the state. Failure to do so shall result in the suspension or revocation of approval status and the immediate termination of any contracts, grants, and any other form of state funding.
These provisions are identical to provisions in HCS/SCS/SB 107 (2015), HCS/SCS/SB 38 (2015), HCS/SS/SB 416 (2015), and HCS/SS/SCS/SB 517 (2015).
PERINATAL ADVISORY COUNCIL - 192.380
This act establishes the Perinatal Advisory Council, which shall be comprised of representatives from specified community and health organizations and professions. After receiving public input, the Council shall make recommendations for the division of the state into neonatal and maternal care regions. The Council shall establish criteria for levels of birthing center care and base its levels of care designations upon evidence and best practices as identified by the American Academy of Pediatrics and the American Congress of Obstetricians and Gynecologists. By January 1, 2017, and every year thereafter, hospital license applications shall include the appropriate level of maternal care and neonatal care designations as determined by the Council. By the same date, any hospital operated by a state university shall report to the Department of Health and Senior Services, upon the Department's request, the appropriate level of maternal care designation and neonatal care designation. The Department may partner with appropriate nationally recognized nonprofit organizations with relevant expertise to administer the provisions of this act.
This provision is identical to provisions in HCS/SCS/SB 107 (2015), HCS/SCS/SB 38 (2015), HCS/SCS/SB 197 (2015), and HCS/SB 533 (2015) and similar to HB 735 (2015), HCS/SCS/SB 230 (2015), HCS/SS/SCS/SB 354 (2015), and SB 342 (2015).
DISABLED PLACARDS AND LICENSE PLATES - 301.142
This act adds physical therapists to the list of authorized health care practitioners who may issue a statement for his or her patient to receive a disabled placard or license plate.
This provision is identical to provisions contained in HCS/HB 720(2015), SCS/HCS/HB 1002 (2015), HCS/SCS/SB 38 (2015), HCS/SCS/SB 380 (2015), HCS/SB 458 (2015), and HCS/SCS/SB 107 (2015) and similar to provisions in HCS/SCS/SB 230 (2015), HCS/SCs/SB 197 (2015), CCS#2/HCS/SB 254 (2015), and HCS/SS/SCS/SB 354 (2015).
CRITERIA FOR REGULATING PREVIOUSLY UNREGULATED PROFESSIONS AND OCCUPATIONS - 324.001, 621.280
This act provides that the state shall not impose a substantial burden on an individual's pursuit of his or her occupation or profession unless there is an important governmental interest for the state to protect the general welfare. If an important governmental interest does exist, then the regulation adopted shall be substantially related to the public interest to be protected.
The act establishes certain criteria under which to review all bills purposing to regulate an occupation or profession not previously regulated. If the legislature determines that the state has an important interest in regulating the occupation or profession then the least restrictive type of regulation shall be implemented.
An applicant group, defined as an organization or individual that proposes that any occupation or profession be regulated, shall submit a written report to the applicable standing committees in the Senate and House of Representatives containing certain information as specified in the act including a definition of the problem and why regulation of the profession is necessary, harm to the public by not regulating the profession and efforts to address the harm caused, alternatives to the regulation, the benefit to the public if the regulation becomes law, and the expected costs of regulation.
The act states that practitioners actively engaged in a newly regulated occupation or profession for at least one year prior to the effective date of the regulation statute shall have a property right in their continued legal ability to engage in their occupation or profession. The decision of any newly created board or commission charged with regulating or licensing an occupation or profession to refuse licensure to a pre-existing practitioner shall be in writing, specify the reasons for denial, and inform the practitioner of the right to appeal before the Administrative Hearing Commission.
These provisions are substantially similar to HCS/HB 634 (2015), HCS/SCS/SB 107 (2015), HCS/SS/SB 416 (2015), and HCS/SS/SCS/SB 517 (2015).
NONBINDING OPINIONS ISSUED BY BOARDS AND COMMISSIONS - 324.023
This act provides that certain professional boards and commissions, as specified in the act, which license professions may issue oral or written opinions addressing topics relating to the qualifications, functions, or duties of any profession licensed by such board or commission. The opinions are for educational purposes, are not binding on the licensee, and cannot be used as the basis for discipline against a licensee. A board or commission shall not address topics relating to the qualifications, functions, or duties of any profession licensed by a different board or commission.
These provisions are identical to provisions contained in SCS/HCS/HB 709 (2015), HCS/SB 392 (2015), and HCS/SS/SB 457 (2015) and similar to provisions in HCS/HB 422 (2015), HCS/SS/SB 58 (2015) and HCS/SCS/SB 107 (2015).
COLLABORATIVE PRACTICE ARRANGEMENTS - 334.104
This act provides that a collaborative practice arrangement may delegate the authority to administer Schedule II - hydrocodone to an advanced practice registered nurse.
This provision is identical to provisions in HCS/SCS/SB 38 (2015), HCS/HB 720 (2015), and HCS/SB 458 (2015) and similar to provisions in SCS/SB 313 (2015), SCS/HCS/HB 709 (2015), HCS/SCS/SB 107 (2015), and HCS/SS/SB 457 (2015).
The act states that when a physician reviews pursuant to a collaborative practice arrangement an advanced practice registered nurse's delivery of health care services, which includes chart review, the collaborating physician need not be present at the health care practitioner's site.
Current law provides that an advanced practice registered nurse shall practice with the collaborating physician continuously present for one-month before practicing in a setting where the collaborating physician is not continuously present. This act states that this requirement does not apply to collaborative arrangements between a physician and an advanced practice registered nurse if the collaborative physician is new to a patient population to which the collaborating advanced practice registered nurse, assistant physician, or assistant physician is already familiar.
These provisions are identical to provisions contained in HCS/SB 458 (2015), HCS/SCS/SB 38 (2015), and HCS/SCS/SB 107 (2015) and similar to provisions in HCS/SS/SB 416 (2015) and HCS/SS/SCS/SB 517 (2015).
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS - 345.015, 345.020, 345.025, 345.040, 345.050, 345.051, 345.065, 345.080
This act also modifies provisions of law relating to the licensing of speech-language pathologists and audiologists.
The act provides that a speech-language pathology assistant must work under the direction of a speech-language pathologist who has been practicing for at least one year and is licensed by the state, employed by a federal agency, or licensed by the Missouri Department of Elementary and Secondary Education.
An applicant for registration with the Board as a speech-language pathology assistant must submit to the Board supervising speech-language pathologist information if employment is confirmed, and if not then such information must be provided after registration. An applicant must complete bachelor's level course work and clinical requirements in the field of speech-language pathology as established by the Board through rules and regulations.
The act repeals the requirement that a corporation engaged in the business of speech-language pathology or audiology who employs licensed persons must file a statement with the Board specifying that the corporation submits itself to the rules and regulations of the Board.
Current licensing requirements do not apply to a person who holds a valid certificate as a speech-language pathologist issued by the Missouri Department of Elementary and Secondary Education. This act states that licensing requirements shall not apply to such persons who hold a current certificate issued by the Department prior to January 1, 2016. Licensing requirements shall also not apply to a person completing the required number of clinical hours required to obtain registration as a speech-language pathology assistant as long as the person is under the direct supervision of a licensed speech-language pathologist and has not completed more than the number of hours required.
The act repeals provisions of law which require an applicant for licensure as a speech-language pathologist or audiologist to present written evidence of completion of a clinical fellowship.
This act states that following administrative hearing proceedings and a finding that grounds for disciplinary action have been met the Board may restrict or limit the person's ability to practice for an indefinite period of time.
The act also states that no person who has served as a member of the Advisory Commission for Speech-Language Pathologists and Audiologist for two consecutive terms may be reappointed until a lapse of a least two years has occurred following the completion of the persons two consecutive terms.
These provisions are substantially similar to provisions in HCS/SCS/SB 107 (2015), HB 288 (2015), and SB 885 (2014).
JESSI BAKER