SB 88
Modifies provisions relating to professional licensing
Sponsor:
LR Number:
0884H.11C
Last Action:
5/12/2023 - H Calendar Senate Bills for Third Reading w/HCS (In Fiscal Review)
Journal Page:
Title:
HCS SS#2 SCS SB 88
Effective Date:
August 28, 2023
House Handler:

Current Bill Summary

HCS/SS#2/SCS/SB 88 - This act modifies several provisions relating to professional licensing, including: (1) temporary licensure; (2) mechanical contractors; and (3) social workers.

TEMPORARY LICENSURE (Section 324.004)

Under this act, any person who has at least 3 years of work experience in an occupation or profession in another state or the District of Columbia that does not use a license to regulate that occupation or profession may submit an application for a license in Missouri, with proof of experience and U.S. citizenship, to the relevant oversight body. Within 45 days of receiving the application, the oversight body shall make a determination of qualification. The oversight body shall require an applicant to take and pass a profession-specific examination and may require an examination specific to the laws of Missouri.

A license issued under this act shall be a one-time, non-renewable temporary license for two years. Upon expiration of that license, individuals shall be required to apply for a permanent license, consistent with the licensure and application requirements of that license as set forth in statute and rule. A license issued under this act shall not be qualified for reciprocity with another state or as part of an interstate compact. The provisions of this act shall not apply to certain specified professions.

The provisions of this act shall only apply to those professions or occupations for which an oversight body issued licenses as of January 1, 2023.

This act is similar to HB 1900 (2022).

MECHANICAL CONTRACTORS (Sections 324.950 to 324.974)

This act shall be known as the Missouri Statewide Mechanical Contractor Licensing Act. Under this act, the statewide mechanical contractor license, the statewide mechanical journeyman license, and the statewide mechanical apprentice license for mechanical work shall be regulated by the Division of Professional Registration, within the Department of Commerce and Insurance. The provisions of this act shall not apply to mechanical work performed in Greene, Newton, and Jasper counties.

This act establishes the Missouri Mechanical Contractor Licensing Fund in the state treasury, which shall be expended for the administration of this act.

A statewide license shall not be required to perform mechanical work in, but shall be accepted in lieu of an equivalent local license if a political subdivision requires a local license for mechanical work. Any person operating as a mechanical contractor in a political subdivision that does not require a local license shall not be required to possess a statewide license to operate as a mechanical contractor in such political subdivision.

If a political subdivision does not recognize a statewide license in lieu of a local license, a statewide mechanical contractor license holder 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 mechanical contractor 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.

Applicants for the statewide licenses shall meet certain training, education, and experience criteria set forth in the act equal to those of the mechanical code of St. Louis County as of April 18, 2023.

A corporation, firm, institution, organization, or company seeking to engage in mechanical work shall have a least one statewide mechanical contractor licensee in its employ if the political subdivision requires a license. For the purposes of performing residential work, a statewide mechanical contractor or statewide mechanical journeyman, or the equivalent local licensee, shall perform, direct, inspect, or supervise the work. For all other mechanical work, at least one statewide mechanical journeyman shall be on site for every statewide mechanical apprentice performing the work, or the equivalent local licensee.

The Division may refuse to issue any license, and may cause a complaint to be filed with the Administrative Hearing Commission against any holder of a 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.

Any person who knowingly violates the provisions of this act is guilty of a Class B misdemeanor.

These provisions are identical to the perfected SS/SB 80 (2023), substantially similar to HB 2050 (2022) and similar to HB 368 (2023), HB 1083 (2023), SCS/SB 867 (2022), SS/SB 11 (2021), SCS/SB 559 (2020), SB 376 (2019), HCS/HB 326 (2019), provisions contained in SCS/HB 705 (2019), and HB 2673 (2018).

SOCIAL WORKERS (Sections 337.615, 337.644, 337.651, and 337.665)

This act modifies provisions relating to license reciprocity for clinical social workers, master social workers, and baccalaureate social workers. Currently, those applicants who are licensed in another state or territory may receive a license in this state if they are approved or in good standing with certain professional organizations. This act repeals this provision and implements a provision permitting any person who, for at least one year, has held a valid, current license issued by another state, a branch or unit of the military, a U.S. territory, or the District of Columbia, to apply for an equivalent Missouri license through the State Committee for Social Workers, subject to procedures and limitations as provided in the act.

This act adopts the "Social Work Licensure Compact". The purpose of the compact is to facilitate the interstate practice of licensed regulated social workers with the goal of improving public access to competent social work services. The compact sets forth the requirements to be met in order for a state to join the compact. Each member state shall require an applicant for a social work license to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure as well as all other applicable state laws.

The compact creates a joint public agency known as the Social Work Licensure Compact Commission. The Commission has powers and duties as listed in the compact and shall enforce the provisions and rules of the compact. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licenses, adverse actions, and investigative information on all licensed individuals in member states.

The compact shall come into effect on the date on which the compact is enacted into law in the seventh member state. Any member state may withdraw from the compact by enacting a statute repealing the same. The compact shall be binding upon member states and shall supersede any conflict with state law.

These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023) and substantially similar to provisions in the truly agreed to and finally passed HCS/SS/SCS/SB 70 (2023) and SB 670 (2023).

SARAH HASKINS