HCS/SCS/SBs 673 & 560 - This act modifies provisions relating to professional registration. JAYKE MINOR ACT (Sections 58.035, 58.095, 58.208, 58.451, 58.720, 192.067, 193.145, 139.265, 194.119, 210.195)
This act establishes the "Jayke Minor Act" and modifies provisions regarding the death registration process and the right of sepulcher.
CORONER STANDARDS AND TRAINING COMMISSION (Section 58.035)
This act establishes the Coroner Standards and Training Commission which shall establish training standards relating to the operation, responsibilities and technical skills of the office of county coroner. The membership of the Commission is set forth in the act. The Commission shall establish training standards relating to the office of county coroner and shall issue a report on such standards.
COUNTY CORONER SALARY (Section 58.095)
Currently, $1,000 of a county coroner's salary shall only be payable if he or she completes at least 20 hours of classroom instruction each year relating to the operations of the coroner's office when approved by a professional association of county coroners of Missouri. This act provides that the Coroners Standards and Training Commission shall establish and certify such training programs and their completion shall be submitted to the Missouri Coroners' and Medical Examiners' Association. Upon the Association's validation of certified training, it shall then submit the individual's name to the county treasurer and Department of Health and Senior Services indicating his or her compliance.
MISSOURI STATE CORONERS' TRAINING FUND (Section 58.208)
This act creates the Missouri State Coroners' Training Fund. For any death certificate issued, there shall be a fee of one dollar deposited into the fund which shall be used by the Missouri Coroners' and Medical Examiners' Association for the purpose of in-state training, equipment, and necessary supplies, and to provide aid to training programs approved by the Missouri Coroners' and Medical Examiners' Association. This fee shall be imposed and collected in addition to all other fees already being imposed and collected on the issuance of death certificates, resulting in the current total fee of thirteen dollars being increased to fourteen dollars. Also, during states of emergency or disasters, local registrars may request reimbursement from the fund for copies of death certificates issued to individuals who are unable to afford the associated fees.
DEATHS OCCURRING IN HOSPICE (Section 58.451, 58.720)
When a death occurs under the care of a hospice, no investigation shall be required, under this act, if the death is certified by the treating physician of the deceased or the medical director of the hospice as a named death due to disease or diagnosed illness. The hospice must give written notice to the coroner or medical examiner within twenty-four hours of the death.
The act specifies that, if a coroner is not current on his or her training, the Department may prohibit that coroner from signing any death certificates. In the event a coroner is unable to sign a death certificate, the county sheriff will appoint a medical professional to attest death certificates until the coroner can resume signing them or until another coroner is appointed or elected.
These provisions are substantially similar to SCS/SB 34 (2019), HCS/HB 242 (2019), and similar to SCS/HCS/HB 447 (2019), SCS/HCS/HB 2079 (2018), and SB 1020 (2018).
ELECTRONIC DEATH CERTIFICATE SYSTEM (Section 193.145)
Under current law, the medical certification from a medical provider is entered into the electronic death registration system. This act requires an attestation from the medical provider who completed the medical certification to be entered into the system as well.
Additionally, if a coroner or deputy coroner does not have or is not current with the Coroner Standards and Training Commission training, he or she is prohibited from attesting to the accuracy of the death certificate. No person elected or appointed to the office of coroner shall assume the position until the training has been completed. If a coroner is not qualified to attest to the accuracy of a death certificate, the sheriff shall appoint a medical professional to do so until the coroner is qualified.
This act repeals a provision allowing the State Registrar to adopt pilot programs or voluntary electronic death registration programs until an electronic death registration system is certified. Additionally, this act repeals a provision requiring the Division of Community and Public Health within the Department of Health and Senior Services to create a working group for the purposes of evaluating the electronic vital records system and to submit a report on findings to the General Assembly by January 1, 2016.
This provision is similar to SB 598 (2020).
FEES FOR CERTIFICATION (Section 193.265)
This act modifies the fee for the certification of a death record from $13 to $14 for the first certification and from $10 to $11 for each additional copy. One dollar from the fee shall be deposited into the Missouri State Coroners' Training Fund.
Additionally, if the State Registrar determines that information on a document or record filed with or submitted to a local registrar is incomplete, the State Registrar shall return the records or documents with the incomplete information to the local registrar for correction by the data provider, funeral director, or person in charge of the final disposition.
RIGHT OF SEPULCHER (Section 194.119)
Current law provides a list, in the order of priority, of next-of-kin who have the right to control the disposition of a dead human body. This act provides that the surviving spouse shall not be considered as next-of-kin if an action for dissolution of marriage has been filed and is pending in a court of competent jurisdiction. Additionally, the next-of-kin of a deceased person may delegate the final disposition of the deceased to an agent through a power of attorney.
Under this act, an individual with a superior claim to the disposition of the deceased may be notified in person or by written notice with delivery confirmation, rather than "personally served with written notice" by a person with an inferior claim who has the desire to exercise the right to control the final disposition of the deceased.
This provision is similar to SB 598 (2020), SB 282 (2019), SCS/HCS/HB 447 (2019), HB 461 (2019), SCS/HCS/HB 1597 (2018), and provisions in HB 909 (2017).
These provisions are identical to HCS/HB 1435 (2020), and are similar to provisions contained in TAT/SS/HCS/HB 2046 (2020), and SB 554 (2020).
LAND SURVEY PROGRAM HEADQUARTERS BUILDING (Section 60.570)
Under this act, the permanent headquarters of the Land Survey Program shall be renamed the "Robert E. Meyers Building".
This provision is identical to HB 2164 (2020).
PHYSICIAN ASSISTANTS (Sections 190.094, 190.100, 190.105, 190.143, 190.196)
Under this act, physician assistants may serve as staff on an ambulance. When attending a patient on an ambulance, the physician assistant shall be exempt from any mileage limitations in any collaborative practice arrangement prescribed under law.
These provisions are identical to HCS/HB 2125 (2020), HCS/SS/SB 580 (2020), and are substantially similar to SB 866 (2020), TAT/SS/HCS/HB 2046 (2020), SS/SCS/HCS/HB 1682 (2020), HCS/SB 774 (2020), HCS/SS#2/SCS/SB 523 (2020), HCS/SS/SB 600 (2020).
LICENSING RECIPROCITY (Section 324.009)
Current law permits any resident of Missouri who holds a valid current license issued by another state to submit an application for a license in Missouri in the same occupation or profession, along with proof of licensure in the other jurisdiction.
Under this act, any person who holds a valid license issued by another state, and who has been licensed for at least one year in such other jurisdiction may submit an application for a license in Missouri in the same occupation or profession along with proof of licensure in the other jurisdiction for at least one year.
Currently, the oversight body in the state shall, within six months of receiving an application for licensure, waive any examination, educational, or experience requirements if it determines that the licensing requirements in the jurisdiction that issued the license are substantially similar to, or more stringent than, the licensing requirements in Missouri. Under this act, the oversight body shall waive such requirements if there were minimum education requirements or work experience and clinical supervision requirements in effect, and if the other state verifies that the applicant met such requirements. An oversight body that administers an examination on laws of this state as part of its licensing application requirements may require an applicant to take and pass an examination specific to the laws of this state.
An oversight body shall waive such examination, educational, or experience requirements within thirty days of receiving an application for licensure from a nonresident military spouse or a resident military spouse.
This act prohibits an oversight body from waiving any requirements for any applicant who has had his or her license revoked by an oversight body in another state, who is under investigation, who has a complaint pending, who does not hold a license in good standing with an oversight body in another state, or who has a criminal record that would disqualify him or her for licensure in Missouri.
If another jurisdiction has taken disciplinary action against an applicant, the oversight body in this state shall determine if the cause for action was corrected and the matter resolved. If the matter has not been resolved, the oversight body may deny a license until such matter is resolved.
This act repeals the provision prohibiting the oversight body from waiving certain requirements if it determines that doing so may endanger the public health, safety, or welfare.
Any person who is licensed under this act shall be subject to the applicable oversight body's jurisdiction and all rules and regulations pertaining to the practice of the licensed occupation in this state.
Provisions of this act shall not impede an oversight body's authority to require an applicant to submit fingerprints, nor shall this act apply to an oversight body that has entered into a licensing compact with another state.
Any license issued under this act shall only be valid in this state and shall not make a licensee eligible to be part of an interstate compact. An applicant licensed in another state pursuant to an interstate compact shall not be eligible for licensure by an oversight body in this state.
This act modifies the definition of "oversight body" by removing the exemptions for certain boards, and also modifies the definition of "license" by removing the exemption for a certificate to teach in public schools.
This provision is identical to a provision contained in TAT/SS/HCS/HB 2046 (2020), and is similar to HCS/HB 2141 (2020), and the truly agreed to and finally passed HCS/HBs 1511 & 1452 (2020).
PROHIBITED USES OF OCCUPATIONAL FEES (Section 324.035)
Under this act, no board, commission, or committee within the Division of Professional Registration or any outside vendor or agency contracted with a board, commission, or committee within the Division shall utilize occupational fees, or any other fees associated with licensing requirements, for the purpose of offering continuing education classes.
Nothing in this act shall be construed to preclude a board, commission, or committee within the Division from utilizing occupational licensure fees for the purpose of attending, participating in, or presenting in conferences, seminars, or other outreach for the purposes of communicating information to licensees with respect to changes in policy, law, or regulations.
This provision is identical to HCS/HB 1442 (2020), and is substantially similar to SCS/SB 689 (2020), SS/SCS/SB 670 (2020), TAT/SS/HCS/HB 2046 (2020), and HB 705 (2019).
MECHANICAL CONTRACTOR LICENSING ACT (Sections 324.950 to 324.983) This act shall be known as the Missouri Statewide Mechanical Contractor Licensing Act.
Under this act, the statewide mechanical license for mechanical contractors shall be regulated by the Division of Professional Registration, within the Department of Commerce and Insurance. This act creates the Office of Mechanical Contractors within the Division, to carry out the provisions of this act.
Applicants for a statewide mechanical license must meet certain criteria set forth in the act. A corporation, firm, institution, organization, company, or representative seeking to engage in mechanical contracting, is required to employ at least one license holder. A statewide licensed mechanical contractor may represent only one entity at a time.
A mechanical contractor shall have one license holder responsible for offering field employees eight contact hours of industry training each year, and mechanical contractors shall be responsible for providing proof of such training to the Division upon request.
In the event of a loss of a license holder, a mechanical contractor shall remain in good standing with the Division for six months after notifying the Division of such change. Within the six month period, a new license holder shall be registered with the Division. If no license holder is registered within such six month period, the Division shall declare the mechanical contractor inactive.
(Section 324.959)
Political subdivisions may establish their own local mechanical contractor's license, but shall recognize a statewide license in lieu of a local license for the purposes of performing contracting work or obtaining permits to perform work within such political subdivision. No political subdivision may require the employees of a statewide licensed mechanical contractor or its subcontractors or manufacturers' representatives to obtain journeymen licenses, apprenticeship licenses, or occupational licenses that require passing any examination or any special requirements to assess proficiency.
If a political subdivision does not recognize a statewide license in lieu of a local license, a statewide mechanical contractor licensee may file a complaint with the Division, which may investigate such complaint. If the Division finds that the political subdivision failed to recognize a statewide license, the Division shall notify the political subdivision of such violation and grant them 30 days to comply. If after 30 days the political subdivision does not comply, the Division shall notify the director of the Department of Revenue, who shall withhold any moneys the political subdivision would otherwise be entitled to from local sales tax until the political subdivision is in compliance.
(Section 324.962)
This act establishes the Missouri Mechanical Contractor Licensing Fund in the state treasury, which shall be expended for the administration of this act.
(Section 324.965)
Mechanical contractor licenses shall expire on a renewal date established by the Division. The Division shall, prior to the renewal date, mail a renewal notice to the last known address of each person licensed under this act. Failure to provide the Division with the information required for renewal or to pay the required fee shall result in the license being declared inactive. The license shall remain inactive until the licensee applies for reinstatement and pays the required fees, so long as the application for reinstatement is received within two years of the renewal date.
(Section 324.968)
Any person operating as a mechanical contractor in a political subdivision shall not be required to possess a statewide license to operate as a mechanical contractor in such political subdivision.
(Section 324.971)
The Division may refuse to issue any certificate of registration or license, and may cause a complaint to be filed with the Administrative Hearing Commission against any holder of a certificate of registration or license for causes set forth in the act. Upon a finding by the Administrative Hearing Commission that grounds for disciplinary action are met, the Division may censure or place such a person on probation for a period not to exceed five years, or may suspend, for a period not to exceed three years, or revoke any license. Upon a judicial or administrative finding of a violation of this act, the Division may assess fines up to $5,000.
(Section 324.980)
Any person who knowingly violates the provisions of this act is guilty of a class B misdemeanor.
(Section 324.983)
The provisions of this act shall not apply to service work or installation of chimney sweeps, outdoor cooking appliances, outdoor fire pits, and outdoor gas lanterns.
(Section 324.950)
These provisions are identical to HCS/HB 1891 (2020), and are substantially similar to SCS/SB 559 (2020), SB 376 (2019), HCS/HB 326 (2019), and provisions contained in SCS/HB 705 (2019).
LICENSURE OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND LANDSCAPE ARCHITECTS (Sections 327.011 to 327.612)
This act modifies provisions relating to the licensure of architects, engineers, and landscape architects.
ARCHITECT
Current law sets forth the practice of an architect in Missouri as any person who renders or offers to render or represent himself or herself as willing or able to render service or creative work which requires architectural education, training and experience.
Under this act, the practice of architecture is modified to include the rendering or offering to render services in connection with the design and construction of public and private buildings, structures and shelters, site improvements, in whole or part, which have as their principal purpose human occupancy or habitation. The act sets forth the services that may be included in the practice of architecture. Only a person with the required architectural education, practical training, relevant work experience, and licensure may practice as an architect in Missouri.
(Section 327.091)
Current law prohibits any person from practicing architecture in Missouri unless and until such person is licensed or certificated to practice architecture in the state. Current law also exempts certain persons from this requirement, including any person who is a regular full-time employee who performs architectural work for the person's employer if certain conditions are met.
This act repeals the provision exempting such person. All other persons exempt from the licensing requirement may engage in the practice of architecture, provided such person does not use the title "architect" or other terms set forth in the act that indicate or imply that such person is or holds himself or herself out to be an architect. This act also exempts any person who renders architectural services in connection with the construction, remodeling, or repairing of any building or structure used exclusively for agriculture purposes from the licensing requirement.
Current law also exempts any person who renders architectural services in connection with the construction, remodeling or repairing of any privately owned building set forth in the act, provided such person indicates on any documents furnished in connection with such services that the person is not a licensed architect. This act repeals certain privately owned buildings from the list of buildings such person may provide services for, and adds any one building which provides for the employment, assembly, housing, sleeping, or eating of not more than 9 persons, contains less than 2,000 square feet and is not part of another building structure.
(Section 327.101)
Current law permits any person to apply for licensure as an architect who is over the age of 21, and who holds a certified Intern Development Program record with the National Council of Architectural Registration Boards. Under this act, such person may also hold a certified Architectural Experience Program record. This act also repeals the requirement that such person be at least 21 years of age.
(Section 327.131)
PROFESSIONAL ENGINEER
Current law prohibits any person from practicing as a professional engineer in Missouri unless and until such person is licenced or certificated to practice engineering in the state. Current law also exempts certain persons from this requirement, including any person who is a regular full-time employee of a person, who performs professional engineering work for the person's employer if certain conditions are met.
This act repeals the provision exempting such person. All other persons exempt from the licensing requirement may engage in the practice of professional engineering, provided such person does not use the title "professional engineer" or other terms set forth in the act that indicate or imply that such person is or holds himself or herself out to be a professional engineer. This act also exempts any person who renders engineering services in connection with the construction, remodeling, or repairing of any building or structure used exclusively for agricultural purposes, and any person who renders professional engineering services in connection with the construction, remodeling, or repairing of any privately owned building, as set forth in the act, and who indicates on any documents furnished in connection with such services that the person is not a licensed professional engineer.
Any person who renders engineering services in connection with the remodeling of any privately owned, multiple family dwelling house, flat, or apartment containing 3 or 4 families is also exempt, provided certain conditions are met.
(Section 327.191)
Current law requires any person entitled to be licensed as a professional engineer to be licensed within 4 years after the date on which he or she is entitled to be licensed, and if such person is not licensed within that time, the Engineering Division of the Board may require him or her to take and satisfactorily pass an examination before issuing him or her a license.
This act repeals this provision.
(Section 327.241)
LAND SURVEYOR
This act modifies the requirements for experience to qualify as a land surveyor-in-training.
Beginning January 1, 2025, any person may apply for licensure as a professional land surveyor provided such person has passed at least 15 semester hours of approved surveying course work, which includes at least five semester hours in legal aspects of land surveying.
(Sections 327.312 and 327.314)
LANDSCAPE ARCHITECT
Current law permits any person who is of good moral character, 21 years of age, who has a degree in landscape architecture, and has at least three years of landscape architectural experience to apply to the Board for licensure as a professional landscape architect.
This act repeals the age requirement, and also provides that an applicant who may not have a degree in landscape architecture may instead have an education which, in the opinion of the Board, equals or exceeds the education received by a graduate of an accredited school. This act also requires an applicant to have taken and passed all sections of the landscape architectural registration examination administered by the Council of Landscape Architectural Registration Boards.
(Section 327.612)
These provisions are identical to HB 2575 (2020), and are substantially similar to SB 992 (2020).
PRACTICE OF SHAMPOOING (Section 329.010)
This act modifies the definition of "Class CH - hairdresser", by removing the activity of cleansing the hair.
This provision is identical to HB 1758 (2020).
CONTINUING EDUCATION REQUIREMENTS FOR CERTAIN PROFESSIONALS (Sections 332.181, 332.261, 334.075, 334.150, 334.507, 336.080, 337.050)
Under this act, dentists, dental hygienists, physicians and surgeons, assistant physicians, physical therapists, optometrists, and psychologists may receive continuing education credit for volunteer work performed at a nonprofit organization, as determined by the appropriate oversight body.
Current law requires each licensed psychologist applying for a renewal of a license to submit proof of the completion of at least 40 hours of continuing education credit within the two-year period immediately preceding the date of the application for renewal.
Under this act, a minimum of three of the 40 hours of continuing education shall be dedicated to professional ethics.
These provisions are substantially similar to HCS/HB 1995 (2020), HCS/SS/SB 580 (2020), and are similar to a provision contained in SCS/SB 689 (2020), TAT/SS/HCS/HB 2046 (2020), HCS/HB 1442 (2020), SS/SCS/SB 670 (2020).
OUT-OF-STATE PHYSICIANS (Section 334.150)
This act also permits a physician licensed in another state to attend to the sick in Missouri, including in a 501(c)(3) organization without a license in the state, provided such physician is licensed in a state bordering Missouri.
This provision is identical to a provision contained in HCS/HB 1995 (2020) and HCS/SS/SB 580 (2020).
INACTIVE LICENSE STATUS DURING STATE OF EMERGENCY(Sections 334.002, 334.110, 334.408, 334.410, 334.412, 334.600, 334.685)
Current law provides that a licensee who is granted inactive status may return to active status by notifying the State Board of Registration for the Healing Arts in advance, paying the appropriate fees, and meeting all Board requirements.
This act exempts such requirements for the following professionals who intend to return to active status solely for the duration of any state of emergency proclaimed by the Governor or the legislature:
· Physicians and surgeons;
· Assistant physicians;
· Anesthesiologist assistants;
· Physical therapists;
· Athletic trainers;
· Physician assistants;
· Respiratory care therapists.
PSYCHOLOGIST LICENSEES (Sections 337.020 and 337.029)
Under current law, any person seeking to obtain a license as a psychologist shall make an application to the State Committee of Psychologists and shall pay the required application fee. The Committee is not permitted to charge an application fee until such time as the application has been approved, and if an application is denied, no application fee shall be charged. This act repeals such provision.
Current law permits a psychologist licensed in another jurisdiction to receive a license in Missouri, provided the psychologist passes a written exam on Missouri law and regulations governing the practice of psychology. Such person must also meet one of several listed criteria set forth under current law. This act removes one listed criteria allowing a psychologist who is currently licensed or certified as a psychologist in another jurisdiction that is then a signatory to the Association of State and Provincial Psychology Board's reciprocity agreement to be eligible for a license in Missouri.
These provisions are identical to SS/SCS/SB 670 (2020), SCS/SB 689 (2020), SB 637 (2020), TAT/SS/HCS/HB 2046 (2020), HCS/HB 1442 (2020), SS/SCS/SB 670 (2020), and SB 204 (2019).
PRISONER COMPLAINTS AGAINST A PSYCHOLOGIST'S LICENSE(Section 337.068)
Under current law, if the State Committee of Psychologists finds merit to a complaint made by a prisoner under the care and control of the Department of Corrections or who has been ordered to be taken into custody, detained, or held as a sexually violent predator, and takes further investigative action, no documentation may appear on file nor may any disciplinary action be taken in regards to the licensee's license unless there are grounds for the denial, revocation, or suspension of a license.
This act includes complaints made by individuals who have been ordered to be evaluated in a criminal proceeding involving mental illness.
Under this act, a psychologist subject to the complaint by an individual who has been ordered to be evaluated in a criminal proceeding involving mental illness prior to August 28, 2020, may submit a written request to destroy all documentation regarding the complaint, and notify any other licensing board in another state, or any national registry who had been notified of the complaint, that the Committee found the complaint to be unsubstantiated.
This act is identical HB 1962 (2020) and HB 441 (2019), and is substantially similar to SB 556 (2020) and SB 451 (2019).
UNIFORM ATHLETE AGENTS ACT (Sections 436.218 to 436.266)
This act modifies provisions of the Uniform Athlete Agents Act.
Current law defines an athlete agent as an individual who enters into an agency contract with a student athlete or recruits or solicits a student athlete to enter into an agency contract.
Under this act, an athlete agent is defined as an individual who directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization. An athlete agent shall also mean a person providing certain services to a student athlete, as set forth in the act, including serving the student in an advisory capacity on a matter related to finance, business pursuits, or career management decisions, unless such person is an employee of an educational institution acting exclusively as an employee of the institution.
An athlete agent shall not include an individual who acts solely on behalf of a professional sports team or organization, or is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless such person meets certain requirements set forth in the act.
(Section 436.218)
Under this act, an applicant for registration as an athlete agent shall submit an application to the Director of the Division of Professional Registration that shall be in the name of an individual and shall include certain information set forth in the act, including each social media account with which the applicant or the applicant's business or employer is affiliated.
An applicant who is registered as an athlete agent in another state may apply for registration as an athlete agent, by submitting certain information to the Director.
The Director shall issue a certificate of registration to an applicant registered in another state who applies for registration under the act, if the Director determines that the application and registration requirements of the other state are substantially similar to or more restrictive than the requirements of this act, and if the registration has not been revoked or suspended and no action is pending against the applicant or the applicant's registration in any state.
The Director shall cooperate with any national organizations concerned with athlete agent issues and agencies in other states that register athlete agents to develop a common registration form, and to determine which states have laws substantially similar to or more restrictive than this act. The Director shall also exchange any information related to actions taken against registered athlete agents or their registrations with such organizations.
(Section 436.227)
An athlete agent registered under the provisions of this act may renew his or her registration as set forth in the act or, if the registration in the other state has been renewed, by submitting to the Director copies of the application for renewal in the other state and the renewed registration from the other state. The Director shall renew the registration if he or she determines that the application and registration requirements of the other state are substantially similar to or more restrictive than the requirements of this act, and if the registration has not been revoked or suspended and no action is pending against the applicant or the applicant's registration in any state.
(Section 436.230)
An agency contract shall contain a statement that the athlete agent is registered as an athlete agent in this state and shall include a list of any other states in which the athlete is registered as an athlete agent.
This act modifies the text required in an agency contract, and requires such contract to be accompanied by a separate record signed by the student athlete or, if the student athlete is a minor, by the parent or guardian of a student athlete acknowledging that signing the contract may result in the loss of the student athlete's eligibility to participate in the student athlete's sport.
If an agency contract is voided, by a student athlete, or by the parent or guardian of a minor student athlete, any consideration received by the student athlete from the athlete agent under the contract shall not be required to be returned.
If a student athlete is a minor, an agency contract shall be signed by the parent or guardian of the minor.
(Section 436.242)
If an athlete agent enters into an agency contract with a student athlete, and the student athlete then enrolls in an educational institution, such athlete agent shall notify the athletic director of the institution of the existence of a contract within 72 hours of learning the student has enrolled.
If an athlete agent has a relationship with a student athlete before such student enrolls in an educational institution and receives a scholarship, the athlete agent shall notify the athletic director of the institution of such relationship within 10 days of enrollment.
An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with the student athlete in an attempt to influence such student to enter into an agency contract, or another individual to have such person influence the student to enter into an agency contract.
If a communication or attempted communication is initiated by a student athlete or another individual on behalf of the student athlete, the athlete agent shall give notice in a record to the athletic director at the educational institution at which the student athlete is enrolled within 10 days of the communication.
An educational institution that becomes aware of a violation of the act by an athlete agent shall notify the Director of the violation and any professional league or players' association with which the educational institution is aware the agent is licensed or registered.
(Section 326.245)
An athlete agent, under this act, shall not intentionally provide any student athlete with false information with the intent to influence such athlete to enter into an agency contract, nor shall any agent furnish anything of value to an individual if to do so may result in the loss of the student athlete's eligibility to participate in a sport unless certain requirements are met.
An athlete agent also may not intentionally initiate contact, directly or indirectly, with a student athlete to recruit or solicit the student athlete to enter into an agency contract, encourage another individual to perform any of the actions set forth in the act, or encourage another individual to assist any other individual performing the listed acts.
(Section 436.254)
An educational institution or a student athlete, under this act, may bring an action for damages against an athlete agent if the institution or athlete is adversely affected, as defined in the act, by an act or omission of the athlete agent. This act repeals the provision allowing a former student athlete to bring an action for damages.
This act repeals provisions of current law setting forth the damages that may be claimed by an educational institution. Under this act, a plaintiff who prevails in an action under this act may recover actual damages, costs, and reasonable attorney's fees. An athlete agent found liable under this act forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the athlete agent by or on behalf of the student athlete.
Any violation of this act shall be considered an unfair trade practice.
(Section 436.260)
Any individual who violates the provisions of this act shall be liable for a civil penalty up to $50,000.
(Section 436.263)
This act repeals the provision providing that the commission of certain acts by an athlete agent shall be a Class B misdemeanor.
(Section 436.257)
These provisions are identical to SB 1016 (2020), HCS/HBs 2100 & 1532 (2020) and HCS/SCS/SB 616 (2020).
JOSIE BUTLER