HCS/SB 330 - This act modifies provisions related to professional registration.ADAPTIVE QUESTIONNAIRES IN TELEHEALTH AND TELEMEDICINE
This act modifies the definition of "telehealth" and "telemedicine" to include the use of adaptive questionnaires as part of asynchronous store-and-forward technology. Such adaptive questionnaires shall be sufficient to establish an informed diagnosis as though a medical interview or physical examination has been performed in person, for purposes of establishing a physician-patient relationship through telemedicine, including for purposes of prescribing any drug, controlled substance, or other treatment. The use of adaptive questionnaires shall not constitute an "electronic visit" subject to certain security and recordkeeping requirements in current law for purposes of insurance coverage of telehealth services. (Sections 191.1145, 191.1146, 334.108, and 376.1900)
These provisions are identical to provisions in HCS/SB 9 (2021) and are similar to SB 284 (2021) and HCS/HB 495 (2021).
MILITARY LICENSE RECIPROCITY
Current law provides that any person who for at least one year has held a valid, current license issued by another state, a U.S. territory, or the District of Columbia, which allows the person to legally practice an occupation or profession in such jurisdiction may apply for an equivalent Missouri license through the appropriate oversight body, subject to procedures and limitations provided in current law.
This act allows any person who holds a valid, current license issued by a branch or unit of the military to also apply for an equivalent Missouri license. (Section 324.009)
These provisions are identical to provisions in HCS/SB 9 (2021) and substantially similar to provisions in the truly agreed HB 476 (2021) and the truly agreed CCS/SS#2/SCS/HB 273 (2021).
PROFESSIONAL LICENSING OF INDIVIDUALS WITH CRIMINAL RECORDS
Under current law, an individual with a criminal record may petition a licensing authority for a determination of whether the criminal record will disqualify the individual from obtaining a professional license. This act requires licensing authorities to notify the petitioner in writing of the grounds and reasons if the authority determines that the petitioner is disqualified. This act also removes an exemption for certain licensing authorities listed in current law from the petition requirements. (Sections 324.012.2(3) and 324.012.7)
This act also removes a provision in current law requiring licensing authorities to only list criminal convictions directly related to the licensed occupation for purposes of the Fresh Start Act of 2020. (Section 324.012)
These provisions are identical to provisions in HCS/SB 9 (2021), SCS/SB 308 (2021), the truly agreed HB 476 (2021), and the truly agreed CCS/SS#2/SCS/HB 273 (2021).
OCCUPATIONAL THERAPY LICENSURE COMPACT
This act adopts the Occupational Therapy Licensure Compact.
The Compact allows eligible occupational therapists and occupational therapy assistants licensed in member states to practice in other member states, subject to the requirements and limitations described in the Compact.
The Compact establishes procedures for a licensee to apply for a new home state license in a member state of primary residence based on their licensure in another member state. Active-duty military personnel and their spouses shall retain home state licensure during the period of active duty service without having to maintain residency.
Under the Compact, only a home state may take adverse action on the home state license, while remote member states may take adverse action against the licensee's privilege to practice in the remote state. The Compact provides procedures for how member states shall coordinate in various aspects of adverse actions and investigations.
The Compact establishes the Occupational Therapy Compact Commission as a joint public agency to implement and administer the Compact. The Commission may collect an annual assessment on member states or impose fees on other parties to cover its costs.
The Compact creates qualified immunity from suit and liability for agents of the Commission for negligent misconduct within the scope of the agents' work with the Commission. Such agents shall also be entitled to representation and indemnity in civil actions for such misconduct.
Under the Compact, the Commission shall develop a data system containing information on all licensees related to licensure, adverse actions, and investigations. Member states shall report certain information, as described in the Compact, to the Commission for use in the data system.
Legislatures of member states may reject any rule promulgated by the Commission by a majority of such legislatures enacting a statute or resolution.
The Compact provides procedures for oversight, dispute resolution, and enforcement of the Compact, including procedures for default and termination of membership. The Commission may also sue a member state in federal court to enforce compliance with the Compact, its rules, and its bylaws.
The Compact shall become effective upon its enactment in at least ten states.
The Compact supersedes all other laws that conflict with provisions of the Compact to the extent of the conflict. (Section 324.087)
These provisions are identical to provisions in HCS/SB 9 (2021), SS/HB 542 (2021), the truly agreed CCS/SS#2/SCS/HB 273 (2021), and the truly agreed HB 476 (2021).
APPLICATION OF THE DIETITIAN PRACTICE ACT
Current law provides that, for purposes of provisions of law regulating the practice of nutrition and dietetics, "medical nutrition therapy" shall mean nutritional diagnostic, therapy, and counseling services furnished by a registered dietitian or register dietitian nutritionist. Under this act, "medical nutrition therapy" shall instead mean the provision of nutrition care services for the treatment or management of a disease or medical condition. (Section 324.200)
Under this act, no provision of law governing licensed dieticians shall interfere with any person credentialed in the field of nutrition providing advice, counseling, or evaluations related to food, diet, or nutrition within his or her scope of practice if such services do not constitute medical nutrition therapy under the Dietician Practice Act.
Prior to performing any service to which the law governing licensed dieticians does not apply under the act, a credentialed non-dietician shall provide his or her name, title, business address and telephone number, a statement that he or she is not a licensed dietician, a statement that his or her information or advice may constitute alternative care, and his or her qualifications. (Section 324.206)
These provisions are identical to provisions in HCS/SB 9 (2021) and the truly agreed CCS/SS#2/SCS/HB 273 (2021), are similar to SB 232 (2021), HCS/HB 475 (2021), SB 893 (2020), and HB 2000 (2020).
TATTOOING
This act modifies the definition of "tattoo" by providing that a tattoo is a mark made on the body of another, or on the face or body of another for cosmetic or corrective purposes, by the insertion of permanent pigment under the skin with the aid of needles, or an indelible design on the body of another by the production of scars other than branding.
A person performing the tattooing technique of microblading prior to August 28, 2022, who has registered with the Division of Professional Registration as an apprentice to learn tattooing, body piercing, or branding under supervision may apply for a waiver to continue performing microblading until such person obtains a license. No such waiver shall remain in effect after August 28, 2023. (Section 324.520)
These provisions contain a delayed effective date of August 28, 2022.
These provisions are identical to provisions in HCS/SB 9 (2021) and HCS/HB 1042 (2021) and are similar to HB 71 (2019).
ARCHITECTS
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.
This act repeals provisions exempting persons who render architectural service in connection with the construction, remodeling, or repairing of certain commercial or industrial buildings or structures or structures containing less than two thousand square feet. 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 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. (Section 327.131)
These provisions are identical to provisions in HCS/SB 9 (2021) and similar to provisions in HCS/HB 481 (2021), SCS/SB 257 (2021), the truly agreed CCS/SS#2/SCS/HB 273 (2021), the truly agreed HB 476 (2021), HCS/SCS/SBs 673 & 560 (2020), SB 992 (2020), and HB 2575 (2021).
PROFESSIONAL ENGINEERS
Current law prohibits any person from practicing as a professional engineer in Missouri unless and until such person is licensed 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.
Under this act, such exempted persons shall 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 professional engineering services in connection with the construction, remodeling, or repairing of any privately owned building, as set forth in the act, and professional engineering services rendered in connection with a building or structure used exclusively for agriculture, so long as the person rendering either such type of services 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)
This act repeals provisions in current law requiring 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 providing that 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. (Section 327.241)
These provisions are identical to provisions in HCS/SB 9 (2021) and HCS/HB 481 (2021), and are substantially similar to SCS/SB 257 (2021), SS/HB 542 (2021), the truly agreed CCS/SS#2/SCS/HB 273 (2021), and the truly agreed HB 476 (2021), and are similar to provisions in HCS/SCS/SBs 673 & 560 (2020), SB 992 (2020), and HB 2575 (2021).
LANDSCAPE ARCHITECTS
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 Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Professional Landscape Architects 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 provisions in HCS/SB 9 (2021) and HCS/HB 481 (2021), and are substantially similar to SCS/SB 257 (2021), SS/HB 542 (2021), the truly agreed CCS/SS#2/SCS/HB 273 (2021), and the truly agreed HB 476 (2021), and are similar to provisions in HCS/SCS/SBs 673 & 560 (2020), SB 992 (2020), and HB 2575 (2021).
SHAMPOOING
This act prohibits the Division of Professional Registration from requiring a person who engages solely in shampooing under the supervision of a licensed barber or cosmetologist to have a license as a barber or cosmetologist. (Section 329.034)
These provisions are identical to provisions in HCS/SB 9 (2021) and the truly agreed CCS/SS#2/SCS/HB 273 (2021), and are similar to HB 1758 (2020), HB 349 (2019), HB 1400 (2018), and HB 2308 (2018).
DENTISTRY
Under this act, the practice of dentistry shall include the prescription and administration of vaccines related to dental care.
The act authorizes a dentist to prescribe and administer vaccines to a person with whom the dentist has established a patient relationship or during an emergency for which the physician has been deployed by the Governor or a state agency. The Missouri Dental Board shall recognize one or more training courses on the storage, prescription, and administration of vaccines, as described in the act. A dentist prescribing and administering vaccines shall obtain a certificate of successful completion of such a training course to be produced upon request.
The dentist shall inform the patient that the administration of the vaccine will be entered into the ShowMeVax system administered by the Department of Health and Senior Services. The patient shall sign a form provided by the dentist consenting to the inclusion of such information into the system. If the patient does not want such information shared in the ShowMeVax system, the dentist shall provide a written report within 14 days of administration of the vaccine to a patient's primary care provider, if provided by the patient.
Dentists shall also be required to review the patient's vaccination history in the ShowMeVax system, prior to administering a vaccine, and comply with all applicable recordkeeping requirements.
A dentist shall not delegate the administration of a vaccine or administer a vaccine to a child under the age of 7 or under ages recommended by the Centers for Disease Control and Prevention. (Sections 332.071 and 332.368)
These provisions are identical to provisions in HCS/SB 9 (2021) and similar to SB 322 (2021).
This act authorizes the Missouri Dental Board to collaborate with the Department of Health and Senior Services and the Office of Dental Health to approve pilot projects to examine new methods to extend care to underserved populations, including techniques that are inconsistent with or unauthorized by existing states and rules if the pilot project's plan has a clearly state objective that the Board approves, has finite start and termination dates, clearly defines the new methods to demonstrate whether the methods improve access to or quality of care, identifies specific and limited locations and populations for participation, clear minimum guidelines and standards to protect patient safety, clearly-defined measurement criteria to evaluate outcomes, and intervals for reporting outcomes to the Board during and at the end of the project. (Section 332.600)
These provisions shall expire on December 31, 2026.
These provisions are identical to provisions in HCS/SB 9 (2021).
EMBALMING AND FUNERAL DIRECTING
This act modifies the process for obtaining a license to practice embalming and to practice funeral directing by repealing much of the current law regarding licensure and proposing a new licensure process. Each applicant for a student license for embalming shall submit an application to the state board of embalmers and funeral directors, with all application fees, and furnish evidence that he or she possesses the necessary qualifications, including current enrollment in, or completion of, an accredited funeral service education program. After the student's application has been approved by the state board of embalmers and funeral directors, such student licensees enrolled in a program may assist in a licensed embalming establishment under the direct supervision of a licensed embalmer or funeral director.
In order to be eligible for full licensure, a student licensee shall demonstrate that he or she, after completing a funeral service education program, has completed an apprenticeship of no less than 6 months and has personally embalmed at least 25 dead human bodies under the personal supervision of a licensed embalmer. The student licensee shall also have passed the National Board or State Board Arts Examination, the National Board Science Examination, and the Missouri Law Examination. A student licensee shall have 5 years to complete the requirements for full licensure under this act. If a student fails to complete the requirements within such period, the student's license application shall be cancelled as described in the act. If the student completes the requirements within 5 years, the student may apply for an embalmer license. No student licensee or embalmer shall be required to sign a death certificate as the embalmer of the body for any body that they have embalmed.
Every person seeking to be an apprentice funeral director shall obtain a provisional funeral director license by submitting an application, paying the application fees, and meeting the qualifications listed in the act, which shall include working as an apprentice funeral director under the personal supervision of a licensed funeral director. An applicant shall have 24 months to complete the requirements or his or her application shall be cancelled.
Every person seeking to be a funeral director shall submit an application, pay the application fees, and meet the qualifications listed in the act, including the successful completion of an accredited program, a course of study in funeral directing, a qualifying apprenticeship of at least 12 months, and passage of the National Board or State Board Arts Examination and the Missouri Law Examination.
Every person seeking to obtain a funeral director limited license shall meet the qualifications as specified in the act and shall not be authorized to practice funeral directing except in an establishment licensed only for cremation and he or she may perform cremations and related duties. A person with a funeral director limited license may obtain a full funeral director's license by meeting the requirements specified in the act.
Beginning November 1, 2021, each licensed funeral establishment shall be a licensed provider for preneed funeral contracts unless a licensee provides written notification to the board that the licensee does not want to be a provider. No separate application or renewal of the preneed provider license shall be required so long as the funeral establishment license is current and active and records, as specified in the act, are maintained. (Sections 333.041, 333.042, 333.061, 333.081, and 333.315)
These provisions are identical to provisions in SCS/HB 585 (2021), HCS/SB 9 (2021), and HB 1349 (2021) and substantially similar to HCS/HB 724 (2021).
ASSISTANT PHYSICIANS
This act modifies the definition of "assistant physician" in current law to include only graduates of North American medical schools accredited by the Liaison Committee on Medical Education or the Commission on Osteopathic College Accreditation and repeals a definition of "medical school graduate" in current law. This act repeals provisions of current law limiting assistant physicians to providing primary care services in pilot project areas, while retaining the authority to practice in medically underserved areas of the state. Additionally, no individual shall hold an assistant physician license for more than 3 years. (Section 334.036)
These provisions are similar to provisions in HCS/SB 9 (2021) and HCS/SS/SB 64 (2021).
COLLABORATIVE PRACTICE ARRANGEMENTS
This act repeals provisions in current law requiring written collaborative practice arrangements between physicians and advanced practice registered nurses to include provisions requiring physicians and registered professional nurses to maintain geographic proximity, as described in current law. (Sections 334.104)
These provisions are identical to SB 193 (2021) and are similar to HB 1224 (2021) and provisions in SB 293 (2021), SCS/HB 273 (2021), SB 584(2021), HB 84 (2021) and HB 768 (2021).
PHYSICAL THERAPY
This act modifies provisions of law governing the scope of practice of physical therapists. This act includes a definition for the terms "consult" and "consultation" applicable to such provisions.
Physical therapist shall have a doctorate of physical therapy or 5 years of clinical experience in order to evaluate and initiate treatment without a prescription or referral from an approved health care provider.
Physical therapists may provide certain educational information, fitness or wellness programs, screenings, and consultations without a prescription or referral regardless of whether a patient is symptomatic.
This act repeals provisions allowing a physical therapist to examine and treat recurring self-limited injuries within one year of diagnosis and chronic illnesses that have been previously diagnosed by an approved healthcare provider.
This act modifies provisions requiring physical therapists to contact an approved health care provider regarding patients with certain conditions. A physical therapist shall refer such a patient for conditions beyond the scope of practice of physical therapy, as well as any patient who does not demonstrate measurable or functional improvement within ten visits or 21 business days, whichever occurs first. A physical therapist shall consult with an approved health care provider after such time before continuing physical therapy if a patient's condition has improved and the physical therapist believes that continued physical therapy is reasonable and necessary. The physical therapist shall provide the provider certain information specified in the act during such consultation, and continued physical therapy shall proceed in accordance with input from the provider. The physical therapist shall notify the provider of continuing physical therapy every 30 days unless the provider directs otherwise.
This act allows the Board of Registration for the Healing Arts to file a complaint against a physical therapist for evaluating or treating a patient in a manner inconsistent with provisions of the act and existing law governing the scope of practice for physical therapists, rather than allowing the Board to file a complaint for practicing or offering to practice independent of a prescription and the direction of certain health care providers listed in current law. (Sections 334.506 and 334.613)
These provisions are identical to provisions in HCS/SB 9 (2021) and HB 367 (2021).
A candidate for licensure as a physical therapist or physical therapist assistant may furnish evidence of his or her eligibility to graduate within 90 days from a physical therapy program approved by the State Board of Registration for the Healing Arts, as an alternative to furnishing evidence of completion of such program.
Such candidates shall, in addition to other requirements in current law, meet standards to qualify to take required examinations, including requirements established by any entity contracted to administer such examinations. No person who has failed such examination 6 or more times shall be eligible for licensure by examination. (Sections 334.530 and 334.655)
These provisions are identical to provisions in HCS/SB 330 (2021).
PRISONER COMPLAINTS AGAINST A PSYCHOLOGIST'S LICENSE
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, 2021, 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. (Section 337.068)
These provisions are identical to provisions in SS/HB 542 (2021), HCS/SB 9 (2021), the truly agreed CCS/SS#2/SCS/HB 273 (2021), the truly agreed HB 476 (2021), and SB 556 (2020), and are substantially similar to HB 1962 (2020) and provisions in HB 319 (2021) and HCS/SCS/SBs 673 & 560 (2020).
REAL ESTATE PROFESSIONALS
Under this act, the Missouri Real Estate Commission may cause a complaint to be filed with the Administrative Hearing Commission against any licensed or previously licensed real estate broker, salesperson, broker-salesperson, appraiser, or appraisal manager for advertisements or solicitations which include a name or team name that using the terms "realty," "brokerage," "company," or any other terms that can be construed to advertise a real estate company other than the licensee or a licensed business entity with whom the licensee is associated.
The Commission may consider the context of the advertisement or solicitation when determining whether there has been a violation of this act. (Section 339.100)
These provisions are identical to provisions in HCS/SB 9 (2021) and to SB 473 (2021).
Under this act, a real estate broker may pay compensation directly to a business entity, as defined in the act, owned by a licensed real estate salesperson or broker-salesperson formed for the purpose of receiving compensation earned by such licensee.
The business entity shall not be required to be licensed and may be co-owned by an unlicensed spouse, a licensed spouse associated with the same broker as the licensee, or one or more other licensees associated with the same broker as the licensee. (Section 339.150)
These provisions are identical to provisions in HCS/SB 9 (2021) and to SB 435 (2021) and are similar to provisions in the truly agreed CCS/SS#2/SCS/HB 273 (2021), the truly agreed HB 476 (2021), SB 435 (2021), HCS/HB 695 (2021), HB 1124 (2021), and SCS/HCS/HB 162 (2021).
CONTINUING EDUCATION CREDITS FOR INSURANCE PRODUCERS
This act specifies that an insurance producer's active participation in a local, regional, state, or national professional insurance association may be approved by the Director of the Department of Commerce and Insurance for up to four hours of continuing education credit per biannual reporting period.
Credit granted under these provisions shall not be used to satisfy continuing education hours required to be in a classroom or classroom-equivalent setting, or to satisfy ethics education requirements. (Section 375.029)
These provisions are identical to SB 548 (2021) and HB 1114 (2021) and provisions in the truly agreed CCS/SS#2/SCS/HB 273 (2021), HCS/SS/SB 6 (2021), HCS/SB 9 (2021), and SCS/HB 604 (2021) and are substantially similar to HCS/HB 1647 (2020).
ATHLETE AGENTS
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 guilty of a class A misdemeanor. Any individual who commits a knowing violation shall be guilty of a class E felony. Any such person shall also be liable for a civil penalty up to $100,000. (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 SCS/SB 263 (2021) and provisions in HCS/SB 9 (2021) and the truly agreed CCS/SS#2/SCS/HB 273 (2021) and are similar to HB 971 (2021), SB 1016 (2020), HCS/HBs 2100 & 1532 (2020) and provisions in HCS/SCS/SB 616 (2020) and HCS/SCS/SBs 673 & 560 (2020).
MATT KIMMINAU
HA 1 - BEGINNING JANUARY 1, 2022, THIS AMENDMENT AUTHORIZES A TAXPAYER TO CLAIM A TAX CREDIT FOR SERVING AS A COMMUNITY-BASED FACULTY PRECEPTOR FOR A MEDICAL STUDENT CORE PRECEPTORSHIP OR A PHYSICIAN ASSISTANT STUDENT CORE PRECEPTORSHIP, AS SUCH TERMS ARE DEFINED IN THE AMENDMENT. THE TAX CREDIT SHALL BE EQUAL TO $1,000 FOR EACH PRECEPTORSHIP, BUT NOT TO EXCEED $3,000 IN ANY TAX YEAR. TAX CREDITS AUTHORIZED BY THE AMENDMENT SHALL NOT BE REFUNDABLE OR TRANSFERABLE, AND SHALL NOT BE CARRIED FORWARD OR BACKWARD TO ANY OTHER TAX YEAR. THE TOTAL AMOUNT OF TAX CREDITS AUTHORIZED IN A GIVEN YEAR SHALL NOT EXCEED $200,000. ADDITIONAL TAX CREDITS MAY BE AUTHORIZED PROVIDED IN AMOUNT NOT TO EXCEED THE EXCESS FUNDS AVAILABLE IN THE MEDICAL PRECEPTOR FUND, AS CREATED BY THE AMENDMENT.
BEGINNING JANUARY 1, 2022, THE DIVISION OF PROFESSIONAL REGISTRATION OF THE MISSOURI DEPARTMENT OF COMMERCE AND INSURANCE SHALL INCREASE THE LICENSE FEES FOR PHYSICIANS AND SURGEONS BY $7 AND FOR PHYSICIAN ASSISTANTS BY $3, WITH SUCH REVENUES TO BE DEPOSITED IN THE MEDICAL PRECEPTOR FUND. AT THE END OF EACH TAX YEAR, AN AMOUNT EQUAL TO THE TOTAL DOLLAR AMOUNT OF TAX CREDITS CLAIMED DURING THE TAX YEAR SHALL BE TRANSFERRED TO THE GENERAL REVENUE FUND. (SECTION 135.690)
THIS AMENDMENT IS IDENTICAL TO HCS/HB 689 (2021).
HA 2, AS AMENDED - THIS AMENDMENT CHANGES THE DEFINITIONS OF "CORNERS OF THE UNITED STATES PUBLIC LAND SURVEY," "OBLITERATED, DECAYED OR DESTROYED CORNER," AND "DOUBLE PROPORTIONATE MEASUREMENT" AS PROVIDED IN THE AMENDMENT.
ADDITIONALLY, THIS AMENDMENT MODIFIES THE RULES FOR THE REESTABLISHMENT OF LOST CORNERS. LOST CORNERS ON TOWNSHIP EXTERIORS, EXCLUDING CORNERS COMMON TO FOUR TOWNSHIPS, WILL BE REESTABLISHED BY SINGLE PROPORTIONATE MEASUREMENT ON THE LINE CONNECTING THE NEXT NEAREST EXISTENT STANDARD OR CLOSING CORNER ON OPPOSITE SIDES OF THE LOST CORNER.
FINALLY, THIS AMENDMENT PROVIDES THAT THE QUARTER-SECTION CORNERS OF SECTIONS SOUTH OF THE TOWNSHIP LINE AND EAST OF THE RANGE LINE, AND NOT ESTABLISHED BY THE ORIGINAL GOVERNMENT SURVEY WILL BE ESTABLISHED ACCORDING TO THE CONDITIONS REPRESENTED UPON THE OFFICIAL GOVERNMENT PLAY USING SINGLE PROPORTIONATE MEASUREMENT BETWEEN THE SECTION CORNERS BELONGING TO THE SAME SECTION AS THE QUARTER-SECTION CORNER BEING ESTABLISHED, THE SECTION CORNERS HAVING FIRST BEEN IDENTIFIED OR REESTABLISHED. THE PROPORTIONAL POSITION SHALL BE OFFSET, IF NECESSARY, IN A CARDINAL DIRECTION TO THE TRUE LINE DEFINED BY THE NEAREST ADJACENT CORNERS ON OPPOSITE SIDES OF THE QUARTER-SECTION CORNER TO BE ESTABLISHED. (SECTIONS 60.301 AND 60.315)
THESE PROVISIONS ARE SIMILAR TO HB 338 (2021).
UNDER THIS AMENDMENT, REGULATIONS ADOPTED BY A MUNICIPAL COUNCIL GOVERNING THE SUBDIVISION OF LAND SHALL NOT REQUIRE THE CREATION OF ANY PRIVATE INDENTURES, DECLARATIONS, COVENANTS, REGULATIONS, OR HOMEOWNERS' ASSOCIATIONS. ANY SUCH RESTRICT CREATED BY A DEVELOPER SHALL NOT BE SUBJECT TO REGULATION, EXCEPT THAT REGULATIONS MAY REQUIRE SCRIPT ON A PLAT TO PROVIDE FOR THE COMMON MAINTENANCE OF SHARED AND PRIVATELY MAINTAINED INFRASTRUCTURE. (SECTION 89.410)
HA 3, AS AMENDED - THIS AMENDMENT PROVIDES THAT AN INDIVIDUAL WHO KNOWINGLY VIOLATES PROVISIONS OF THE AMENDMENT RELATED TO ATHLETE AGENTS SHALL BE GUILTY OF A CIVIL PENALTY NOT TO EXCEED $100,000, RATHER THAN $100. (SECTION 436.263)
THIS AMENDMENT ALSO PROVIDES THAT A POSTSECONDARY EDUCATIONAL INSTITUTION SHALL NOT UPHOLD ANY RULE, REQUIREMENT, STANDARD, OR OTHER LIMITATION THAT PREVENTS A COLLEGE ATHLETE FROM FULLY PARTICIPATING IN INTERCOLLEGIATE ATHLETICS WITHOUT PENALTY FOR EARNING COMPENSATION FOR THE USE OF SUCH ATHLETE'S NAME, IMAGE, OR LIKENESS RIGHTS, OR ATHLETIC REPUTATION. SUCH COMPENSATION SHALL NOT AFFECT A STUDENT ATHLETE'S GRANT-IN-AID OR STIPEND ELIGIBILITY, AMOUNT, DURATION, OR RENEWAL. SUCH INSTITUTION SHALL ALSO NOT INTERFERE WITH A COLLEGE ATHLETE'S PARTICIPATION BASED ON OBTAINING REPRESENTATION IN RELATION TO CONTRACTS OR LEGAL MATTERS. GRANT-IN-AID AND STIPENDS SHALL NOT BE CONSTRUED AS COMPENSATION FOR THE USE OF A STUDENT ATHLETE'S NAME, IMAGE, OR LIKENESS RIGHTS, OR ATHLETIC REPUTATION.
STUDENT ATHLETES SHALL NOT ENTER INTO APPAREL, EQUIPMENT, OR BEVERAGE CONTRACTS REQUIRING ADVERTISEMENT FOR SUCH PRODUCTS DURING OFFICIAL, MANDATORY TEAM ACTIVITIES WHICH CONFLICT WITH A TERM IN A CONTRACT OF A POSTSECONDARY EDUCATIONAL INSTITUTION. STUDENT ATHLETES SHALL NOT ENTER INTO ANY CONTRACT FOR COMPENSATION FOR THE USE OF SUCH ATHLETE'S NAME, IMAGE, OR LIKENESS RIGHTS, OR ATHLETIC REPUTATION WITHOUT THE CONSENT OF SUCH INSTITUTION IF THE CONTRACTS CONFLICTS WITH A TERM IN A CONTRACT OF SUCH INSTITUTION. BEFORE THE EXECUTION OF ANY SUCH CONTRACT, REGARDLESS OF WHETHER A CONFLICT EXISTS, THE STUDENT ATHLETE SHALL DISCLOSE THE CONTRACT TO THE INSTITUTION.
POSTSECONDARY EDUCATIONAL INSTITUTIONS SHALL NOT COMPENSATE OR CAUSE COMPENSATION TO A STUDENT ATHLETE, PROSPECTIVE STUDENT ATHLETE, OR SUCH AN INDIVIDUAL'S FAMILY FOR THE USE OF THE INDIVIDUAL'S NAME, IMAGE, OR LIKENESS RIGHTS, OR ATHLETIC REPUTATION.
NO CONTRACT OF A COLLEGE ATHLETIC PROGRAM SHALL PREVENT A STUDENT ATHLETE FROM RECEIVING COMPENSATION FOR THE USE OF SUCH ATHLETE'S NAME, IMAGE, OR LIKENESS RIGHTS, OR ATHLETIC REPUTATION OUTSIDE OF OFFICIAL, MANDATORY TEAM ACTIVITIES RECORD IN A WRITING MADE PUBLICLY AVAILABLE UPON REQUEST.
INSTITUTIONS THAT ENTER INTO COMMERCIAL AGREEMENTS THAT DIRECTLY OR INDIRECTLY USE A COLLEGE ATHLETE'S NAME, IMAGE, OR LIKENESS RIGHTS, OR ATHLETIC REPUTATION, SHALL CONDUCT A FINANCIAL DEVELOPMENT PROGRAM OF AT LEAST 15 HOURS ONCE PER YEAR, AS DESCRIBED IN THE AMENDMENT.
A COLLEGE ATHLETE MAY BRING A CIVIL SUIT FOR AN INJUNCTION AND ACTUAL DAMAGES AGAINST THIRD PARTIES IN VIOLATION OF THIS AMENDMENT. SUCH SUIT SHALL BE BROUGHT IN THE COUNTY WHERE THE VIOLATION HAS OCCURRED OR WILL OCCUR. PREVAILING PLAINTIFFS SHALL BE AWARDED DAMAGES AND COURT COSTS. STUDENTS AND STATE OR LOCAL PROSECTORS BRINGING AN ACTION AGAINST A VIOLATOR OF THE AMENDMENT SHALL NOT BE DEPRIVED OF ANY LEGAL PROTECTIONS WITH RESPECT TO CONTROVERSIES ARISING UNDER THIS AMENDMENT.
LEGAL SETTLEMENTS SHALL NOT CONFLICT WITH THIS AMENDMENT.
THIS AMENDMENT APPLIES ONLY TO CONTRACTS ENTERED INTO, MODIFIED, OR RENEWED ON OR AFTER JULY 1, 2022. (SECTION 173.280)
THESE PROVISIONS INCLUDE AN EMERGENCY CLAUSE.
THESE PROVISIONS ARE IDENTICAL TO HB 498 (2021).
HA 4 - THIS AMENDMENT REMOVES PROVISIONS PROVIDING THAT NO ASSISTANT PHYSICIAN LICENSE SHALL BE HELD FOR MORE THAN THREE YEARS. (SECTION 334.036)
HA 5 - THIS AMENDMENT MODIFIES PROVISIONS RELATING TO PESTICIDE CERTIFICATION AND TRAINING.
THE AMENDMENT CREATES AND MODIFIES SEVERAL DEFINITIONS RELATED TO PESTICIDES. (SECTIONS 281.015 AND 281.020)
THE AMENDMENT REPEALS A PROVISION ALLOWING THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE TO PROVIDE BY REGULATION FOR THE ONE-TIME EMERGENCY PURCHASE AND USE OF A RESTRICTED USE PESTICIDE BY A PRIVATE APPLICATOR. (SECTION 281.025)
THE DIRECTOR MAY, BY REGULATION, CLASSIFY LICENSES, INCLUDING A LICENSE FOR NONCERTIFIED RESTRICTED USE PESTICIDE APPLICATORS. (SECTION 281.030)
NO INDIVIDUAL SHALL ENGAGE IN THE BUSINESS OF SUPERVISING THE DETERMINATION OF THE NEED FOR THE USE OF ANY PESTICIDE ON THE LANDS OF ANOTHER WITHOUT A CERTIFIED COMMERCIAL APPLICATOR'S LICENSE ISSUED BY THE DIRECTOR.
NO CERTIFIED COMMERCIAL APPLICATOR SHALL KNOWINGLY AUTHORIZE, DIRECT, OR INSTRUCT ANY INDIVIDUAL TO ENGAGE IN DETERMINING THE NEED FOR THE USE OF ANY RESTRICTED PESTICIDE ON THE LAND OF ANOTHER UNLESS SUCH INDIVIDUAL IS LICENSED AS A NONCERTIFIED RESTRICTED USE PESTICIDE APPLICATOR WHILE WORKING UNDER THE DIRECT SUPERVISION OF A CERTIFIED COMMERCIAL APPLICATOR IN WHICH CASE THE CERTIFIED COMMERCIAL APPLICATOR SHALL BE LIABLE FOR ANY USE OF A RESTRICTED USE PESTICIDE BY AN INDIVIDUAL OPERATING UNDER THE CERTIFIED COMMERCIAL APPLICATOR'S DIRECT SUPERVISION.
NO CERTIFIED NONCOMMERCIAL APPLICATOR SHALL KNOWINGLY AUTHORIZE, DIRECT, OR INSTRUCT ANY INDIVIDUAL TO ENGAGE IN USING ANY RESTRICTED USE PESTICIDE ON LANDS OR STRUCTURES OWNED, LEASED, OR RENTED BY THE CERTIFIED NONCOMMERCIAL APPLICATOR OR THE CERTIFIED NONCOMMERCIAL APPLICATOR'S EMPLOYER UNLESS SUCH INDIVIDUAL IS LICENSED AS A NONCERTIFIED RESTRICTED USE PESTICIDE APPLICATOR WHILE WORKING UNDER THE DIRECT SUPERVISION OF A CERTIFIED NONCOMMERCIAL APPLICATOR IN WHICH CASE THE CERTIFIED NONCOMMERCIAL APPLICATOR SHALL BE LIABLE FOR ANY USE OF A RESTRICTED USE PESTICIDE BY AN INDIVIDUAL OPERATING UNDER THE CERTIFIED NONCOMMERCIAL APPLICATOR'S DIRECT SUPERVISION. (SECTION 281.035)
NO PESTICIDE TECHNICIAN SHALL USE OR DETERMINE THE NEED FOR THE USE OF ANY PESTICIDE UNLESS THERE IS A CERTIFIED COMMERCIAL APPLICATOR, CERTIFIED IN CATEGORIES AS SPECIFIED BY REGULATION, WORKING FROM THE SAME PHYSICAL LOCATION AS THE LICENSED PESTICIDE TECHNICIAN. A PESTICIDE TECHNICIAN MAY COMPLETE RETRAINING REQUIREMENTS AND RENEW THE TECHNICIAN'S LICENSE WITHOUT A CERTIFIED COMMERCIAL APPLICATOR WORKING FROM THE SAME PHYSICAL LOCATION.
NO CERTIFIED PRIVATE APPLICATOR SHALL KNOWINGLY AUTHORIZE, DIRECT, OR INSTRUCT ANY INDIVIDUAL TO ENGAGE IN USING ANY RESTRICTED USE PESTICIDE ON LANDS OR STRUCTURES OWNED, LEASED, OR RENTED BY THE CERTIFIED PRIVATE APPLICATOR OR THE CERTIFIED APPLICATOR'S EMPLOYER UNLESS SUCH INDIVIDUAL IS LICENSED AS A CERTIFIED PRIVATE APPLICATOR OR A CERTIFIED PROVISIONAL APPLICATOR.
A PRIVATE APPLICATOR SHALL QUALIFY FOR A CERTIFIED PRIVATE APPLICATOR'S LICENSE OR A CERTIFIED PROVISIONAL APPLICATOR'S LICENSE BY ATTENDING AN APPROVED PROGRAM, COMPLETING AN APPROVED CERTIFICATION COURSE, OR PASSING A CERTIFICATION EXAMINATION AS LISTED IN THE AMENDMENT. (SECTION 281.037)
THE UNIVERSITY OF MISSOURI EXTENSION MAY COLLECT REASONABLE FEES FOR TRAINING AND STUDY MATERIALS, FOR ATTENDANCE OF A CERTIFICATION TRAINING PROGRAM, AND FOR AN ONLINE CERTIFICATION TRAINING PROGRAM. SUCH FEES SHALL BE ASSESSED BASED ON THE MAJORITY OPTION DECISION OF A REVIEW COMMITTEE CONVENED EVERY 5 YEARS BY THE DIRECTOR. THE COMMITTEE SHALL BE COMPOSED OF MEMBERS AS SET FORTH IN THE AMENDMENT.
A CERTIFIED PRIVATE APPLICATOR HOLDING A VALID LICENSE MAY RENEW SUCH LICENSE FOR 5 YEARS UPON SUCCESSFUL COMPLETION OF RECERTIFICATION TRAINING OR BY PASSING THE REQUIRED PRIVATE APPLICATOR CERTIFICATION EXAMINATION.
ON THE DATE OF THE CERTIFIED PROVISIONAL PRIVATE APPLICATOR'S 18TH BIRTHDAY, HIS OR HER LICENSE WILL AUTOMATICALLY BE CONVERTED TO A CERTIFIED PRIVATE APPLICATOR LICENSE REFLECTING THE ORIGINAL EXPIRATION DATE FROM ISSUANCE. A CERTIFIED PROVISIONAL PRIVATE APPLICATOR'S LICENSE SHALL EXPIRE 5 YEARS FROM DATE OF ISSUANCE AND MAY THEN BE RENEWED AS A CERTIFIED PRIVATE APPLICATOR'S LICENSE WITHOUT CHARGE OR ADDITIONAL FEE.
A PROVISION ALLOWING A PRIVATE APPLICATOR TO APPLY FOR A PERMIT FOR THE ONE-TIME EMERGENCY PURCHASE AND USE OF RESTRICTED USE PESTICIDES IS REPEALED. (SECTION 281.040)
NO CERTIFIED PUBLIC OPERATOR SHALL KNOWINGLY AUTHORIZE, DIRECT, OR INSTRUCT ANY INDIVIDUAL TO ENGAGE IN USING ANY RESTRICTED USE PESTICIDE ON LANDS OR STRUCTURES UNLESS SUCH INDIVIDUAL IS LICENSED AS A NONCERTIFIED RESTRICTED USE PESTICIDE APPLICATOR WHILE WORKING UNDER THE DIRECT SUPERVISION OF A CERTIFIED PUBLIC OPERATOR IN WHICH CASE THE CERTIFIED PUBLIC OPERATOR SHALL BE LIABLE FOR ANY USE OF A RESTRICTED USED PESTICIDE BY AN INDIVIDUAL OPERATING UNDER THE CERTIFIED PUBLIC OPERATOR'S DIRECT SUPERVISION.
ANY PERSON WHO VOLUNTEERS TO WORK FOR A PUBLIC AGENCY MAY USE GENERAL USE PESTICIDES WITHOUT A LICENSE UNDER THE SUPERVISION OF THE PUBLIC AGENCY ON LANDS OWNED OR MANAGED BY THE STATE AGENCY, POLITICAL SUBDIVISION, OR GOVERNMENTAL AGENCY. (SECTION 281.045)
THE AMENDMENT CREATES PROVISIONS RELATING TO THE USE OF RESTRICTED PESTICIDES. AN APPLICATION FOR A NONCERTIFIED RESTRICTED USE PESTICIDE APPLICATOR'S LICENSE SHALL FOLLOW REQUIREMENTS AS SET FORTH IN THE AMENDMENT AND ONCE LICENSED, A RESTRICTED USE PESTICIDE APPLICATOR SHALL USE PESTICIDES AS SET FORTH IN THE AMENDMENT, INCLUDING WHEN UNDER SUPERVISION OF ANOTHER INDIVIDUAL LICENSED BY THE DEPARTMENT OF AGRICULTURE.
EACH PESTICIDE DEALERSHIP LOCATION OR OUTLET FROM WHICH RESTRICTED USE PESTICIDES ARE DISTRIBUTED, SOLD, HELD FOR SALE, OR OFFERED FOR SALE AT RETAIL OR WHOLESALE DIRECT TO THE END USER SHALL HAVE AT LEAST ONE INDIVIDUAL LICENSED AS A PESTICIDE DEALER. NO INDIVIDUAL SHALL BE ISSUED MORE THAN ONE PESTICIDE DEALER LICENSE. EACH MOBILE SALESPERSON POSSESSING RESTRICTED USE PESTICIDES FOR DISTRIBUTION OR SALE SHALL BE LICENSED AS A PESTICIDE DEALER.
EACH APPLICANT FOR A PESTICIDE DEALER'S LICENSE SHALL PASS A PESTICIDE DEALER EXAMINATION PROVIDED BY THE DIRECTOR. (SECTION 281.048)
LICENSED CERTIFIED APPLICATORS, LICENSED NONCERTIFIED RESTRICTED USE PESTICIDE APPLICATORS, LICENSED PESTICIDE TECHNICIANS, AND LICENSED PESTICIDE DEALERS SHALL NOTIFY THE DEPARTMENT WITHIN 10 DAYS OF ANY CONVICTION OF OR PLEA TO ANY OFFENSE LISTED IN THE AMENDMENT. (SECTION 281.060)
THE DIRECTOR MAY ISSUE A PESTICIDE APPLICATOR CERTIFICATION ON A RECIPROCAL BASIS WITH OTHER STATES WITHOUT EXAMINATION TO A NONRESIDENT WHO IS LICENSED AS A CERTIFIED APPLICATOR IN ACCORDANCE WITH THE RECIPROCATING STATE'S REQUIREMENTS AND IS A RESIDENT OF THE RECIPROCATING STATE.
THE AMENDMENT REPEALS A PROVISION STATING THAT A NONRESIDENT APPLYING FOR CERTAIN PESTICIDE LICENSES TO OPERATE IN MISSOURI SHALL DESIGNATE THE SECRETARY OF STATE AS THE AGENT OF SUCH NONRESIDENT UPON WHOM PROCESS MAY BE SERVED UNLESS THE NONRESIDENT HAS DESIGNATED A MISSOURI RESIDENT AGENT.
(SECTION 281.075)
THE AMENDMENT PROHIBITS ANY PERSON TO USE OR SUPERVISE THE USE OF PESTICIDES THAT ARE CANCELLED OR SUSPENDED. IT IS UNLAWFUL FOR ANY PERSON NOT HOLDING A VALID CERTIFIED APPLICATOR LICENSE IN PROPER CERTIFICATION CATEGORIES OR A VALID PESTICIDE DEALER LICENSE TO PURCHASE OR ACQUIRE RESTRICTED USE PESTICIDES. ADDITIONALLY, IT IS UNLAWFUL FOR ANY PERSON TO STEAL OR ATTEMPT TO STEAL PESTICIDE CERTIFICATION EXAMINATIONS OR EXAMINATION MATERIALS, CHEAT ON PESTICIDE CERTIFICATION EXAMINATIONS, EVADE COMPLETION OF RECERTIFICATION OR RETRAINING REQUIREMENTS, OR AID AND ABET ANY PERSON IN AN ATTEMPT TO STEAL EXAMINATIONS OR EXAMINATION MATERIALS, CHEAT ON EXAMINATIONS, OR EVADE RECERTIFICATION OR RETRAINING REQUIREMENTS. (SECTION 281.101)
THESE PROVISIONS SHALL BECOME EFFECTIVE ON JANUARY 1, 2024.
THESE PROVISIONS ARE SUBSTANTIALLY SIMILAR TO PROVISIONS IN THE TRULY AGREED HB 476 (2021) AND TO SCS/SB 491 (2021) AND HCS/HB 1125 (2021), AND ARE SIMILAR TO SB 1082 (2020) AND HB 2532 (2020).
THIS AMENDMENT REQUIRES THE DIRECTOR OF THE DEPARTMENT OF REVENUE TO ESTABLISH A SYSTEM OF REGISTRATION ON A CALENDAR YEAR BASIS, APPLICABLE TO ALL FARM VEHICLES OWNED OR PURCHASED BY THE OWNER OF A FARM VEHICLE FLEET. ANY OWNER OF MORE THAN ONE FARM VEHICLE REQUIRED TO BE REGISTERED MAY REGISTER A FLEET OF FARM VEHICLES ON A CALENDAR YEAR OR BIENNIAL BASIS IN LIEU OF STANDARD REGISTRATION PERIODS.
ALL FARM FLEET VEHICLES SHALL BE REGISTERED IN APRIL OR ON A PRORATED BASIS AS PROVIDED IN THE AMENDMENT, AND FEES FOR FARM FLEET VEHICLES REGISTERED ON A CALENDAR YEAR OR BIENNIAL BASIS SHALL BE PAYABLE NOT LATER THAN THE LAST DAY OF APRIL, WITH 2 YEARS' FEES DUE FOR BIENNIAL REGISTRATION. THE AMENDMENT REQUIRES A CERTIFICATE OF INSPECTION AND APPROVAL ISSUED NO MORE THAN 120 DAYS PRIOR TO REGISTRATION. FEES FOR VEHICLES SUBSEQUENTLY ADDED TO AN EXISTING FARM VEHICLE FLEET SHALL BE PRORATED AS SPECIFIED IN THE AMENDMENT.
FARM VEHICLES REGISTERED UNDER THIS AMENDMENT SHALL BE ISSUED A MULTI-YEAR SPECIAL LICENSE PLATE BEARING THE WORDS "FARM FLEET VEHICLE" AND NOT REQUIRING ISSUANCE OF REGISTRATION RENEWAL TABS. UPON PAYMENT OF THE REGISTRATION FEES, THE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL ISSUE A REGISTRATION CERTIFICATE OR OTHER SUITABLE EVIDENCE THAT ANNUAL OR BIENNIAL FEES HAVE BEEN PAID, WHICH SHALL BE CARRIED IN THE VEHICLE AT ALL TIMES. (SECTION 301.033)
THESE PROVISIONS ARE IDENTICAL TO HB 153 (2021).
HA 6 - THIS AMENDMENT ADDS PREPAID DENTAL PLANS TO THE DEFINITION OF "HEALTH CARRIER" FOR PURPOSES OF STATUTES REGULATING THE ASSESSMENT AND VALIDATION OF PRACTITIONERS' QUALIFICATIONS TO PROVIDE PATIENT CARE SERVICES AND ACT AS A MEMBER OF THE HEALTH CARRIER'S PROVIDER NETWORK.
THESE PROVISIONS ARE IDENTICAL TO SB 484 (2021) AND HB 1002 (2021).