SB 846
Modifies provisions relating to professional registration
Sponsor:
LR Number:
5082H.03C
Last Action:
5/16/2018 - Voted Do Pass H Rules - Administrative Oversight
Journal Page:
Title:
HCS SCS SB 846
Calendar Position:
Effective Date:
August 28, 2018

Current Bill Summary

HCS/SCS/SB 846 - This act modifies provisions relating to professional licensing.

PROFESSIONAL EMPLOYER ORGANIZATIONS:

This act establishes regulations and registration requirements for professional employer organizations (PEOs). The act requires all PEOs to be registered with the Secretary of State. Registration of PEOs may be done individually or as a group. At the time of registration, and every year thereafter, the PEO or PEO group shall file an audit performed by an independent certified public accountant with the Secretary of State. A PEO may be eligible for limited registration if it meets certain requirements.

The Secretary of State shall maintain a list of PEOs registered in the state. PEOs shall pay an initial registration fee not to exceed $500 with an annual renewal fee not to exceed $250. However, no fee shall exceed the amount reasonably necessary for the administration of the act. Each PEO or PEO group shall maintain either positive working capital or provide a bond, irrevocable letter of credit, or securities with a minimum market value equaling the deficiency plus $100,000 to the Secretary of State. PEOs seeking limited registration are not required to meet these requirements.

The act establishes the conditions under which a client and a PEO may enter into a professional employment agreement as well as the rights and responsibilities of each party.

Persons may be sanctioned by the Secretary of State for providing professional employer services without registering with the Secretary of State, or for providing false or fraudulent information to the Secretary of State in conjunction with any registration, renewal, or report required by the act. Such sanctions may include revocation of license or the imposition of an administrative penalty of not more than $1,000, among other potential penalties.

This act provides that a client shall be entitled to the benefit of any tax credit, economic incentive, or other benefit arising as the result of the employment of covered employees of such client. The client's status or certification as a minority-owned or woman-owned business enterprise shall not be affected because such client has entered into an agreement with a PEO or uses the services of a PEO. The PEO shall be responsible for providing workers' compensative coverage for covered employees. (Sections 285.700-285.750)

These provisions are identical to the perfected version of SS/SCS/SB 600 (2018), to provisions contained in CCS/SS/SCS/HB 1719 (2018), and substantially similar to the perfected version of HCS/HBs 1656 & HB 2075 (2018).

PROFESSIONAL LICENSES:

The act also prohibits any state board, department, or agency that issues professional licenses from denying a license based on age to any person 18 years of age or older, except for: licenses associated with gaming; licenses for individuals who operate a school bus owned by or under contract with a public school or the State Board of Education; licenses for individuals who transport hazardous material; or licenses for individuals who use explosives. (Section 324.013)

This provision is identical to a provision contained in CCS/SS/SCS/HB 1719 (2018).

OCCUPATIONAL FEES:

The act requires all state and local licensing boards or entities to waive, for a two-year period, any fees charged to obtain or renew occupational licenses for military families and low-income individuals who request such waiver. (Section 324.015)

This provision is identical to a provision contained in the truly agreed CCS/HCS/SS/SCS/SB 843 (2018).

SUICIDE PREVENTION TRAINING:

Any health care professional in the state may annually complete training in the areas of suicide assessment, referral, treatment, and management, which may qualify as part of the continuing education requirements for licensure as a health care professional.

Psychologists are required to complete two hours of such training as a condition of initial licensure. The act also requires behavior analysts, professional counselors, social workers, baccalaureate social workers, and marital and family therapists to complete two hours of suicide assessment, referral, treatment, and management training as a condition of initial licensure and as a condition of license renewal. The training shall count toward any continuing education required for such license. (Sections 324.046, 337.020, 337.315, 337.320, 337.507, 337.510, 337.612, 337.618, 337.662, 337.712, and 337.718)

These provisions are identical to provisions contained in SCS/HB 1419 (2018), HCS/SB 796 (2018), CCS/SS/SCS/HB 1719 (2018), SS/SB 490 (2017), and SCS/HB 815 (2017).

MENTAL HEALTH PROFESSIONALS:

The act adds psychiatric physician assistants, psychiatric advanced practice registered nurses, and psychiatric assistant physicians to the definition of mental health professionals for the purposes of provisions of law relating to alcohol and drug abuse and comprehensive psychiatric services and adds a definition for each term. (Section 632.005)

This provision is similar to a provision contained in the truly agreed CCS/HCS/SB 660 (2018), the truly agreed CCS/SS/SCS/HB 1719 (2018), the truly agreed CCS/HCS/SCS/SB 718 (2018), and HCS/HB 2295 (2018).

JAMIE ANDREWS

Amendments