CERTIFIED PUBLIC ACCOUNTANTS (Sections 326.256, 326.283, 326.289, 326.292)

Engagements to be performed in accordance with the auditing standards and rules of the Public Company Accounting Oversight Board are included in the definition of attest or attest services.

The act also modifies the out-of-state equivalency requirements for certified public accountants. Currently, an individual having a valid designation to practice whose principal place of business is in a state with equivalent qualifications for licensure shall have all of the privileges of licensure in this state. The act allows those having an out-of-state domicile or residency to also qualify. All out-of-state practitioners shall have an unrestricted license in their state to qualify and shall only practice in connection with a firm holding a valid permit to practice as a certified public accounting firm in this state. Out-of-state practitioners shall cease offering professional services if their out-of-state license ceases to be valid or becomes restricted.

The act also modifies the permit requirements for certified public accounting firms. The following firms must hold a permit:

• Those with Missouri offices that perform attest services.

• Those using the title CPA or CPA firm.

• Those that do not have an office in Missouri that perform attest services for clients with offices in Missouri.

Certain firms may use professional designations and perform compilation and review services and other professional services in certain circumstances.

PHYSICAL THERAPISTS/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, 334.687)

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.

NURSES (Section 335.076)

Removes a provision defining Christian Science nurses as those listed as such in the Christian Science Journal and allows them to use the name Christian Science nurse when providing services to those who choose to rely upon healing by spiritual means alone.

REAL ESTATE BROKERS (Section 339.010, and 339.150)

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.

Real estate brokers may employ out-of-state brokers for any other transaction.

MANUFACTURED HOUSING (Sections 144.011, 700.010, 700.041, 700.045, 700.056, 700.065, 700.090, 700.095, 700.096, 700.097, 700.098, 700.100, 700.115, 700.525, 700.650)

The act establishes the "Manufactured Housing Customer Recovery Fund" for the purposes of paying consumer claims pursuant to the procedures the public service commission promulgates by rule. No claims shall be considered by the commission before all other legal remedies have been exhausted.

Dealers of new manufactured homes shall provide the purchaser with a bill of sale or purchase agreements containing the total price of the unit, serial number or manufacturer name and model number and other associated costs (Section 700.056).

The act requires every manufacturer of a manufactured home or modular unit to register with the commission each place of business at which the dealer sells such units. The act modifies the dealer registration process by requiring dealers to, when registering, maintain a bona fide established place of business and maintain a permanent enclosed building or structure for the sale of manufactured homes or modular units. The registration of renewal fee is $200 (the fee under current law is $50 - §700.455).

The act specifically provides that commission suspension, revocation or probation orders shall apply to all registrations held by the dealer if there is consistent pattern of abuse. The act provides that the commission, through its general counsel, may seek remedies in circuit court for violations of Chapter 700.

The act also assigns new statutory numbers to several provisions of law contained in the manufactured housing code (Chapter 700)(e.g. §700.465 is now §700.097).

LICENSING FEES (Section 1)

This act authorizes the division of professional registration to reduce licensure fees by emergency rule if the projected fund balance of any agency assigned to the division is reasonably expected to exceed an amount that would require transfer from that fund to the general revenue.

This act is similar to SB 313 (2007), SB 952 (2008), HB 1827 (2008), SB 950 (2008), HB 2068 (2008), HB 2268 (2008), HB 1616 (2008).

CHRIS HOGERTY