Missouri Senate

Senate Committee Substitute

FUNERAL ESTABLISHMENTS

(Section 194.350)

This act modifies the procedures by which a funeral establishment may dispose of cremated remains. Funeral establishments are authorized to dispose remains in accordance with a cremation contract, except if otherwise prohibited by law. If the remains are not delivered to another funeral establishment or as directed by the person who contracted for the cremation, funeral establishments are also authorized to deliver the remains to any person listed by statute as next-of-kin for the purpose of disposing of a human body.

This act requires funeral establishments to send notice of unclaimed cremated remains by regular mail, with confirmation of delivery, rather than by certified mail. The act also eliminates the requirement that a funeral establishment publish notice in the newspaper before scattering or interring cremated remains, when the person or establishment who contracted for the cremation cannot be contacted by mail and does not claim the remains.

This act is similar to HCS/HB 2231 (2010) and a provision of HCS/HB 2388 (2010).

PRIVATE INVESTIGATORS

(Sections 324.1100, 324.1102, 324.1102, 324.1103, 324.1106, 324.1106, 324.1110, 324.1112, 324.1114, 324.1118, 324.1118, 324.1124, 324.1126, 324.1128, 324.1132, 324.1134, 324.1136, 324.1140, 324.1147)

This act requires that members of the Board of Private Investigator Examiners be Missouri residents for at least a year and registered voters. A board member's term shall be five years, instead of the current two year term.

The act also repeals a doubly-enacted section which limited the private investigator licensing exemption for employees of a not-for-profit organization, or its affiliate or subsidiary, to employees who make and process requests on behalf of health care providers and facilities for employee criminal background information. The section that remains exempts employees of an organization, whether for-profit or not-for profit, whose investigatory activities are limited to making and processing requests for criminal history records and other background information from state, federal, or local databases. The act also adds an exemption from private investigator licensing for certified public accountants and employees of the certified public accountant and of the accounting firm who assist in investigatory activities and modifies the exemption for individuals who contract with state and local government.

This act allows the Board of Private Investigator Examiners to deny a request for license to an applicant with a felony or misdemeanor conviction, even if the conviction occurred more than two years prior to the application date. The act also specifies that the board may deny a request for a license to an applicant who has received a suspended imposition of sentence following a plea of guilty to a misdemeanor offense and to an applicant who has been refused a license or had a license revoked in any other state. The board shall consider evidence of the applicant's rehabilitation when considering whether to grant a license to the applicant.

A private investigator agency is prohibited from hiring an employee if within two years prior to the application date the person has received a suspended imposition of sentence following a plea of guilty to a misdemeanor offense.

The division of professional registration, rather than the board of private investigator examiners, is required to determine the form of the license. The procedure for renewing a license is modified, to among other things provide for the payment of a delinquent renewal fee. The fee for additional licenses is no longer one-half the cost of the original license, but is a fee determined by the board.

Licensees are required to maintain information about their employees as required by the board.

If a licensee is required by contract or court order to destroy, seal, or return records related to their work to a party in a lawsuit, then the licensee is required to maintain a copy of the contract or court order.

The board is required to license, rather than certify, individuals who are qualified to train private investigators. These trainers are no longer required to be 21 years old, licensed as a private investigator, and have a year of supervisory experience with a private investigator agency.

These provisions are similar to SB 1003 (2010), HCS/SCS/SB 754, and HB 1779 (2010)

DENTAL ASSISTANTS AND DENTAL HYGIENISTS

(Sections 332.011, 332.098)

This act requires dental assistants and dental hygienists to obtain a permit from the dental board in order to perform expanded-function duties. Expanded-function duties are reversible acts that would be considered the practice of dentistry that the board specifies by rule may be delegated to a dental assistant or dental hygienist with an expanded-functions permit. This permit must be renewed every five years.

This act is similar to SB 953 (2010), HB 2229 (2010), and HCS/HB 2388 (2010).

PHYSICAL THERAPISTS

(Section 334.100, 334.506, 334.613)

This act authorizes physical therapists to accept prescriptions for treatment from advanced practice registered nurses licensed in Missouri.

This act is similar to HB 1449 (2010) and SB 986 (2010).

NURSES AND HEALTH CARE PROFESSIONALS

(Section 335.075, 383.130, 383.133)

This act requires employers to check the license status of registered nurses, licensed practical nurses, and advanced practice registered nurses.

The act also adds home health agencies, nursing homes, nursing facilities, and any entity that employs or contracts with licensed health care professionals to provide healthcare services to individuals to the list of entities that are required to report to professional licensing authorities when disciplinary action is taken against a health care professional, or when the health care professional resigns while there are pending complaints that might have led to disciplinary action.

These provisions are similar to SB 1022 (2010) and a provision of HB 1990 (2010).

NURSES

(Section 335.081)

This act exempts nurses who are legally qualified and licensed in another state, territory, or foreign country from having to be licensed in Missouri if the nurse is transporting patients into, out of, or through Missouri and the transport does not exceed forty-eight hours.

This provision is similar to a provision of HB 1990 (2010).

PROFESSIONAL COUNSELORS

(Section 337.528)

This act requires the committee for professional counselors to destroy documentation of complaints made by sexually violent predators against licensed professional counselors, if the complaint does not result in discipline. Past unsubstantiated complaints by sexually violent predators against a licensed professional counselor shall be destroyed upon request.

This provision is similar to HB 1832 (2010).

SOCIAL WORKERS

(Sections 337.600, 337.603, 337.615, 337.618, 337.643)

The act eliminates the option of receiving a provisional license as a clinical social worker for applicants who have not yet completed their supervised clinical experience.

Currently, for a social worker to qualify as a qualified advanced macro supervisor, qualified baccalaureate supervisor, or qualified clinical supervisor, the social worker must have practiced in the field he or she will be supervising for at least five uninterrupted years. This act modifies this requirement so that these supervisors must have practiced in the field of social work as a licensed social worker and so their five years of practice may have been interrupted.

Currently, if supervised, a practitioner of master social work may engage in practices reserved to clinical social workers or advanced macro social workers. This act limits this practice to no more than four years for the purpose of obtaining a license as a clinical social worker or an advanced macro social worker.

These provisions are similar to HB 1824 (2010).

MARITAL AND FAMILY THERAPISTS

(Sections 337.700, 337.703, 337.705, 337.706, 337.715, 337.718, 337.727, 337.739)

This act creates a provisional license for a marital and family therapist. A provisional licensed marital and family therapist will be required to have at least a master's degree, be supervised by a qualified supervisor as defined by rule, and meet all the licensing requirements, except for the required twenty-four months of supervised clinical experience.

This act also requires that state officials, employees, commissions, agencies, counties, municipalities, school districts, and political subdivisions not discriminate between persons licensed under the marital and family therapy statutes when promulgating rules or when requiring or recommending services that these individuals may legally perform.

WHOLESALE DRUG DISTRIBUTORS

(Sections 338.333, 338.335, 338.337)

If wholesale drug distributors who distribute drug-related devices in Missouri meet certain conditions, this act exempts them from having to obtain a license from the board of pharmacy for out-of-state distribution sites. A Missouri wholesale drug distributor who receives shipments from these out-of-state sites is responsible for all shipments received.

These provisions are similar to SCS/SB 914 (2010).

HOSPITAL LICENSES

(Section 1)

This act requires an applicant for hospital licensure to identify the premises of its hospital base in the application. Any other buildings or facilities located within one thousand yards of the hospital base and operated or maintained by the applicant to support the hospital base or to provide hospital-based inpatient, outpatient, or ancillary services shall be included in the hospital's license, provided the remote location meets the Department of Health and Senior Services regulations applicable to hospital construction and operational standards. This provision is similar to SB 1023 (2010).

EMILY KALMER