PRENEED FUNERAL CONTRACTS

The act establishes the Joint Committee on Preneed Funeral Contracts, which shall conduct a study and analysis of the preneed funeral contract industry in this state and submit a report with recommendations to the general assembly by January 31, 2009. Section 21.840.

AMBULANCE SERVICE

Except in Jackson County or Clay County, in any area in which two or more ambulance services provide services in overlapping ambulance service areas, no ambulance service shall impose regulations or requirements on any competing service except with respect to call originating through a 911 system or that require a response using a siren and lights. Section 190.107.

RIGHT OF SEPULCHER

Under current law, a person may grant the right of sepulcher to any person as long as the designation is made in a written instrument meeting certain qualifications under current law, however, such a designation will not supersede the rights of the deceased's spouse or certain family members. This act deletes the provisions of law allowing for such a designation, and instead provides that an attorney in fact designated in a durable power of attorney that specifically grants the right of sepulcher shall have first priority for the purposes of determining who has the right to choose and control the burial, cremation, or other final disposition of the deceased designee's body. Section 194.119.

PRACTICE OF EMBALMING

This act modifies the definition of the practice of embalming to provide that the practice shall include the chemical preparation of a dead human body and all activities leading up to and including arterial and cavity embalming. Section 333.011.

PHYSICAL THERAPISTS/PHYSICAL THERAPIST ASSISTANTS

Physical therapists shall not initiate treatment for a new injury or illness without a prescription from a health care provider. Therapists may examine and treat persons with recurring self-limited injuries within one year of diagnosis or a previously diagnosed chronic illness without a prescription or direction of a health care provider. Requirements for notification of and referral to health care providers are enumerated.

Physical therapy treatment shall only be delegated to assistants or those in entry level professional education programs when those individuals who satisfy supervised clinical education requirements are supervised onsite by a physical therapist.

Examination requirements for candidates for licenses to practice physical therapy are modified to include certain entry-level competence and the Missouri laws and rules relating to physical therapy. The act removes a provision that denies a license to those who have failed a licensing examination 3 or more times.

Requirements relating to temporary licenses for physical therapists and physical therapist assistants are modified. Licensed physical therapists supervising temporary licensees must have an unencumbered license, actively practice in the state at least one year prior to supervision, and not be an immediate family member of the applicant for the temporary license.

Licensees shall maintain adequate and complete patient records and the required contents are enumerated. Records are required to be kept for seven years from the date the last professional treatment was provided.

Reciprocity for out-of-state practitioners is authorized.

Certain provisions that govern all licensees under chapter 334 including guidelines for the expungement of records of complaints by prisoners, fees, obtaining inactive licenses, publishing lists of licensees by the board, issuance of orders suspending licenses for cause, revocations, refusals to issue or renew licenses, and injunctions are reiterated in sections specifically relating to physical therapists and physical therapist assistants. Sections 334.500, 334.506, 334.525, 334.530, 334.540, 334.550, 334.560, 334.570, 334.601, 334.602, 334.610, 334.611, 334.612, 334.613, 334.614, 334.615, 334.616, 334.617, 334.618, 334.650, 334.655, 334.660, 334.665, 334.670, 334.675, 334.686, and 334.687.

REAL ESTATE BROKERS

Currently, persons, partnerships, associations, and corporations may perform acts of real estate brokers with reference to their own property without being licensed as brokers, provided they are in the real estate business. This act removes the condition that they not be in the real estate business.

Real estate brokers may employ real estate brokers from outside the state for commercial real estate transactions when they have executed a brokerage agreement with the Missouri broker, consented to jurisdiction of Missouri and the commission, consented to certain disciplinary procedures, and appointed the Missouri real estate commission as his or her agent for service of process. Also, real estate brokers may employ out-of-state brokers for any other transaction. Sections 339.010 and 339.150.

MARITAL AND FAMILY THERAPISTS

The act adds licensed marital and family therapists to the list of mental health services covered by all health insurance companies and health maintenance organizations in this state. Section 376.811.

This act contains provisions that similar to SB 1025 (2008), SCS/HB 1616, SS/SCS/HB 1711 and SCS/HB 1700 (2008).

ALEXA PEARSON

SA 1- MODIFIES THE LAW REGARDING PRENEED OR PREPAID FUNERAL CONTRACTS.

SA 1 TO SA 1- NO LONGER STRIKES THE TERM "UNDER OATH" AS IT RELATES TO CERTAIN COMPLAINTS FORWARDED BY THE STATE BOARD OF EMBALMERS AND FUNERAL DIRECTORS

SA 2- STRIKES THE AMBULANCE SERVICES PROVISION, SECTION 190.107 FROM THE BILL.

SA 7- STRIKES SECTION 194.233 FROM THE BILL RELATING TO ANATOMICAL GIFTS, SO THAT THE SECTION WILL NO LONGER BE REPEALED.

SA 8- MODIFIES PROVISIONS RELATING TO ARCHITECTS, LANDSCAPE ARCHITECTS, LAND SURVEYORS AS SUCH PROVISIONS RELATE TO THE EXTENT OF ACREAGE OF LIENS.

SSA 1 TO SA 9- ENACTS PROVISIONS RELATING TO THE PRACTICE OF LICENSED PROFESSIONAL MIDWIFERY