TAT/SS/HCS/HB 2046 - This act modifies provisions relating to professional registration. CORONERS (Sections 58.035, 58.095, 58.208, 58.451, and 58.720)
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.
(Section 58.035)
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.
(Section 58.095)
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.
(Section 58.208)
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.
(Sections 58.451 and 58.720)
These provisions are identical to HCS/HB 1435 (2020), and are substantially similar to SB 554 (2020), HCS/SCS/SBs 673 & 560 (2020), SCS/SB 34 (2019), HCS/HB 242 (2019), and are similar to SCS/HCS/HB 447 (2019), SCS/HCS/HB 2079 (2018), and SB 1020 (2018).
PHYSICIAN ASSISTANTS (Sections 190.094, 190.105, 190.143, and 193.196)
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.
This provision is identical to SB 866 (2020) and provisions in TAT/SS/SCS/HCS/HB 1682 (2020), and is similar to HCS/HB 2125 (2020), HCS/SS#2/SCS/SB 523 (2020), HCS/SS/SB 580 (2020), HCS/SS/SB 600 (2020), HCS/SCS/SB 673 & 560 (2020), and HCS/SB 774 (2020).
ELECTRONIC DEATH REGISTRATION 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 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.
This provision is identical to HCS/HB 1435 (2020), and is substantially similar to HCS/SCS/SBs 673 & 560 (2020), SB 554 (2020), 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).
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.
This provision is identical to HCS/SCS/SBs 673 & 560 (2020), and is substantially similar to HCS/HB 1435 (2020), SB 554 (2020), 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).
PROFESSIONAL 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, within 30 days of receiving an application for licensure from a nonresident military spouse or resident military spouse, waive any examination, educational, or experience requirements for licensure.
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.
The provisions of this act shall not apply to certain construction occupations set forth under current law.
This provision is substantially similar to HCS/HB 2141 (2020) and HCS/SCS/SBs 673 & 560 (2020), and is similar to TAT/HCS/HBs 1511 & 1452 (2020).
FRESH START ACT OF 2020 (Section 324.012)
This act establishes the Fresh Start Act of 2020.
Beginning January 1, 2021, no person shall be disqualified by a state licensing authority from pursuing or practicing in any occupation for which a license is required solely or in part because of a prior conviction of a crime in this state or another state, unless the crime is directly related to the duties and responsibilities for the licensed occupation.
Prior to January 1, 2021, all state licensing authorities shall list the specific criminal convictions in this state that could disqualify an applicant from receiving a license. Only criminal convictions that are directly related to the duties and responsibilities for the licensed occupation shall be listed. Licensing authorities are prohibited from using vague or generic terms, and from considering arrests without a subsequent conviction. The licensing authority shall determine whether an applicant with a criminal conviction will be denied a license based on several factors set forth in the act.
If an individual is charged with any of the crimes set forth in the act and is convicted, pleads guilty to, or is found guilty of a lesser included offense, and is sentenced to a period of incarceration, such conviction shall only be considered by state licensing authorities as a criminal offense that directly relates to the duties and responsibilities of a licensed profession for four years.
Beginning August 28, 2020, applicants for licensure who have pleaded guilty to, entered a plea of nolo contendere to, or been found guilty of any offenses set forth in the act may be considered by licensing authorities to have committed a criminal offense that directly relates to the duties and responsibilities of a licensed profession.
An individual with a criminal record may petition a licensing authority at any time for a determination of whether they will be disqualified from receiving a license. The licensing authority is required to inform the individual of his or her standing within 30 days of receiving the petition, and may charge a fee, no greater than $25, to recoup the costs.
If a licensing authority denies an individual a license solely or in part because of the individual's prior criminal conviction, the licensing authority shall notify the individual in writing of the reasons for the denial, that the individual has the right to a hearing to challenge the decision, the earliest date the person may reapply for a license, and that evidence of rehabilitation may be considered upon reapplication. If the licensing authority grants a license to an individual, such decision shall be binding unless such individual commits a subsequent crime that directly relates to the occupation for which the individual is licensed, or upon discovery that such person failed to disclose information regarding a prior conviction in the license petition process.
Any written determination by the licensing authority that an applicant's criminal conviction is a specifically listed disqualifying conviction and is directly related to the duties and responsibilities for the licensed occupation shall be documented with written findings for each reason by clear and convincing evidence sufficient for a reviewing court. In any administrative hearing or civil litigation, the licensing authority shall carry the burden of proof on the question of whether the applicant's criminal conviction directly relates to the occupation for which the license was sought.
This act shall apply to any profession for which an occupational license is issued in this state, excluding licensure of teachers, peace officers or other law enforcement personnel, accountants, podiatrists, dentists, physicians and surgeons, pharmacists, nurses, veterinarians, or any persons under the supervision or jurisdiction of the Director of Finance, and including any new occupational license created by a state licensing authority after August 28, 2020. Political subdivisions are prohibited from creating any new occupational licenses after August 28, 2020.
Any licensing board participating in a compact shall submit any information regarding a licensee's conviction of any criminal offense, regardless of whether or not such offense is directly related to the duties and responsibilities of the profession, to the relevant coordinated licensure information system.
Provisions of law relating to the denial of licensure, denial of license renewal, or revocation of a certificate of registration for any offense reasonably related to the qualifications, functions or duties of the occupation, an essential element of which is fraud, dishonesty, an act of violence or moral turpitude are repealed for the following occupations and professions, and a requirement that no person applying for such licensure have committed an offense directly related to the duties and responsibilities of the occupation as set forth in the act, is added for:
· Acupuncturists;
· Anesthesiologist assistants;
· Architects, professional engineers, land surveyors, landscape architects;
· Athlete agents;
· Baccalaureate social workers;
· Barbers;
· Behavior analysts;
· Boxing and wrestling;
· Chiropractors;
· Cosmetologists;
· Dieticians;
· Electrical contractors;
· Endowed care cemetery operators;
· Geologists;
· Hearing aid fitters and dealers;
· Interior designers;
· Interpreters for the deaf;
· Marital and family therapists;
· Massage therapists;
· Nursing home administrators;
· Occupational therapists;
· Optometrists;
· Physical therapists;
· Physical therapist assistants;
· Psychologists;
· Private investigators;
· Professional counselors;
· Real estate agents, brokers, and escrow agents;
· Real estate appraisers and appraisal management companies;
· Respiratory care therapists;
· Social workers;
· Speech pathologists and audiologists;
· Tattooing, branding, and body piercing.
Provisions of law relating to the initial granting of a certificate of registration based on good moral character are repealed for the following occupations and professions, and a requirement that no person applying for such licensure have committed any crime set forth in the act is added for:
· Architects, professional engineers, land surveyors, landscape architects;
· Athletic trainers;
· Baccalaureate social workers;
· Barbers;
· Chiropractors;
· Dental hygienists;
· Professional engineers;
· Funeral directors;
· Hearing aid fitters and dealers;
· Marital and family therapists;
· Massage therapists;
· Nursing home administrators;
· Optometrists;
· Physical therapists;
· Physical therapist assistants;
· Psychologists;
· Professional counselors;
· Real estate agents, brokers, and escrow agents;
· Real estate appraisers and appraisal management companies;
· Social workers;
· Speech pathologists and audiologists;
· Speech language pathology assistants.
This provision is substantially similar to SCS/SB 647 (2020), HCS/HB 2141 (2020), SS/SCS/HCS/HB 564 (2019), SB 251 (2019), and is similar to SB 258 (2019)
EXPANDED WORKFORCE ACCESS ACT OF 2020 (Section 324.025)
This provision shall be known as the "Expanded Workforce Access Act of 2020".
Beginning on January 1,2021, each state licensing authority shall grant a license to any applicant who has successfully completed the eighth grade, completed an apprenticeship approved by the Missouri Division of Professional Registration or the U.S. Department of Labor, and has passed an examination, if one is deemed to be necessary by the appropriate licensing authority.
The appropriate licensing authority shall establish a passing score for such examinations, which shall not exceed the passing score that is required for a non-apprenticeship license. If there is no examination requirement for a non-apprenticeship license, no examination shall be required for applicants who complete an apprenticeship.
The number of working hours required for an apprenticeship shall not exceed the number of educational hours otherwise required for a non-apprenticeship license.
Certain occupations relating to construction work, and electrical contractors are exempt from the provisions of the act.
This act is identical to SCS/SB 877 (2020), SB 318 (2019) and a provision contained in HCS/HB 472 (2019), and is substantially similar to HCS/HB 1688 (2020), SCS/HB 470 (2019), SCS/HB 705 (2019), HCS/SB 164 (2019), HCS/SB 204 (2019).
PROHIBITED USES OF OCCUPATIONAL FEES (Section 324.035)
Under this act, no board, commission, or committee within the Division of Professional Registration shall utilize occupational fees, or any other fees associated with licensing requirements, for the purpose of offering continuing education classes. Any board, commission, or committee within the Division shall not contract or partner with any outside vendor or agency for such purpose.
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 participating 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 a provision contained in SS/SCS/SB 670 (2020), SCS/SB 689 (2020), and is substantially similar to HCS/HB 1442 (2020), HCS/SCS/SBs 683 & 560 (2020), and HB 705 (2019).
PRACTICE OF PUBLIC ACCOUNTING (Sections 326.277 and 326.289)
This act modifies provisions relating to the practice of public accounting.
Current law sets forth certain requirements for licensure as an accountant. Under this act, applicants applying for the examination after June 30, 2021, shall have at least 120 semester hours of college education at an accredited college or university recognized by the Missouri State Board of Accountancy, with an accounting concentration or equivalent, shall be at least 18 years of age, and be of good moral character.
Current law also requires an applicant for an examination to be a resident of the state, have a place of business in this state, or be regularly employed in this state. This act repeals such requirements.
(Section 326.277)
Under this act, the Missouri State Board of Accountancy may obtain information regarding peer review from any approved American Institute for Certified Public Accountants peer review program.
The Board may obtain the name and address of the public accounting firm, the firm's dates of enrollment in the program, the date of acceptance and the period covered by the firm's most recently accepted peer review, and if applicable, whether the firm's enrollment in the program has been dropped or terminated.
This provision is identical to SCS/SB 219 (2019), and is substantially similar to SCS/SB 703 (2020), HB 1417 (2020), HCS/SS#2/SB 704 (2020), and provisions contained in HB 585 (2019), HB 943 (2019), and SCS/HB 705 (2019).
(Section 326.289)
ATHLETIC TRAINERS (Sections 334.702, 334.703, 334.704, 334.706, 334.708, 334.710, 334.712, 334.715, 334.717, 334.721, 334.725, 334,726
This act modifies provisions relating to athletic trainers, including a number of definitions.
Under this act, when billing a third party payer, an athletic trainer shall only bill such third party payer for services within the scope of practice of a licensed athletic trainer.
(Section 334.702)
Under this act, an athletic trainer is required to refer any individual whose medical condition is beyond the scope of their education, training, and competence to a licensed physician.
If there is no improvement in an individual who has sustained an athletic injury within 21 days of initiation of treatment, or 10 visits, the athletic trainer shall refer the individual to a physician.
The practice of athletic training shall not include the reconditioning or rehabilitation of systemic neurologic or cardiovascular injuries, conditions, or diseases, except for an athlete participating in a sanctioned amateur or professional sport or recreational sport activity under the supervision of a treating physician.
(Section 334.703)
No person shall hold himself or herself out as an athletic trainer, or to be practicing athletic training, by title or description, unless such person has been licensed.
(Section 334.704)
Currently, the Board is required to make available a roster of the name and business addresses of all athletic trainers licensed in the state. This act removes the requirement that such information be annually prepared, and that copies be made available to any person upon request. In addition, this act removes the requirement that the Board set the fee for the roster, and adopt an official seal.
(Section 334.706)
Under current law, any person seeking licensure after August 28, 2006, must be a resident, or in the process of establishing residency in the state, and have passed the National Athletic Trainers Association Board of Certification examination. Under this act, any person seeking licensure is required only to have passed the Board of Certification, Inc.'s examination.
(Section 334.708)
All applications for initial licensure shall, under current law, be accompanied by an initial licensure fee which shall be paid to the Director of Revenue and deposited by the State Treasurer. Under this act, all fees charged by the Board shall be collected and deposited into the Board of Registration for the Healing Arts Fund.
(Section 334.710)
All licenses issued under current law shall expire on January 30 of each year. Under this act, all licenses shall expire pursuant to a schedule established by rule.
(Section 334.712)
This act adds a provision allowing the Board to deny a license or seek discipline if any person has practiced in the state of Missouri while no longer certified as an athletic trainer by the Board of Certification, Inc.
(Section 334.715)
Under this act, the Missouri Athletic Trainer Advisory Committee is to be composed of 6 members, rather than 5, to be appointed by the Board. Each member of the Committee shall be a resident of the state of Missouri for five years immediately preceding appointment, and remain a resident of Missouri throughout the term. The additional member shall be a member of the Board.
Current law exempts dentists licensed by the Missouri Dental Board, and optometrists licensed by the State Board of Optometry. Under this act, dentists and optometrists are not exempt from athletic training licensing provisions.
Under this act, athletic trainers holding a valid credential from other nations, states, or territories performing their duties for their respective teams or organizations if they restrict their duties only to their teams or organizations and only during the course of their teams' or organizations' visit, not to exceed 30 days in one calendar year, in this state are exempt from athletic training licensing provisions.
(Section 334.721)
The provisions of these sections become effective 30 days after the effective date of this act.
(Section 334.726)
These provisions are substantially similar to SS/SCS/SB 670 (2020), HB 2590 (2020), and SCS/SB 247 (2019), and are similar to SB 454 (2017) and HB 882 (2017).
CONTINUING EDUCATION REQUIREMENTS FOR OPTOMETRISTS (Section 336.080)
Under this act, two hours out of the thirty-two required continuing education hours for optometrists shall be in the area of Missouri jurisprudence.
This provision is identical to HB 2219 (2020), is substantially similar to HCS/SCS/SBs 673 & 560 (2020), and is similar to HCS/SB 204 (2019), HCS/SB 164 (2019), and SCS/HB 705
(2019).
LICENSING OF PSYCHOLOGISTS (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), HCS/HB 1442 (2020), HCS/SCS/SBs 673 & 560 (2020), SS/SCS/SB 670 (2020), and SB 204 (2019).
PSYCHOLOGIST CONTINUING EDUCATION REQUIREMENTS (Section 337.050)
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.
This provision is identical to SCS/SB 689 (2020), HCS/HB 1442, SS/SCS/SB 670 (2020), and is substantially similar to HCS/SCS/SBs 673 & 560 (2020) and HB 705 (2019).
CHARITABLE PHARMACY (Section 338.220)
Current law sets forth classes of pharmacy permits or licenses. This act adds "charitable pharmacy" as a Class Q pharmacy.
This provision is identical to SB 1088 (2020), HB 2616 (2020), HB 2706 (2020), TAT/SS/SCS/HCS/HB 1682 (2020).
JOSIE BUTLER