HB 2280
Modifies provisions relating to professional licensing
Sponsor:
LR Number:
4952H.01P
Last Action:
4/29/2024 - SCS Voted Do Pass S Governmental Accountability Committee (4952S.02C)
Journal Page:
Title:
Effective Date:
Varies
House Handler:

Current Bill Summary

SCS/HB 2280 - This act establishes and modifies provisions relating to professional licensing.

COMMUNITY PARAMEDICS (SECTION 190.098)

This act modifies provisions relating to certification of community paramedics and the provision of community paramedic services. Currently, community paramedics practice in accordance with protocols and supervisory standards of the ambulance service's medical director. Ambulance services that provide community paramedic services in another ambulance service area shall enter into a written contract to do so. This act repeals these provisions.

Under this act, community paramedic services shall mean those services provided by an entity that employs licensed paramedics certified by the Department of Health and Senior Services ("Department") as community paramedics for services that are provided in a nonemergent setting, consistent with the education and training of a community paramedic and the supervisory standard approved by the medical director, and documented in the entity's patient care plans or protocols.

Any ambulance service that seeks to provide community paramedic services outside of its service area shall have a memorandum of understanding ("MOU") with the ambulance service of that area if that ambulance service is already providing those services or shall notify the ambulance services of that area if that ambulance service is not providing community paramedic services. Emergency medical response agencies ("EMRA") may provide community paramedic services in a ground ambulance service's service area. If the ground ambulance service is already providing those services or provides them after the EMRA offers them, then the EMRA and ground ambulance service shall enter into a MOU for the coordination of services.

The Department shall promulgate rules and regulations for the purpose of certifying community paramedic services entities and the standards necessary to provide such services. Certified entities shall be eligible to provide community paramedic services for five years.

This provision is identical to a provision in SCS/SB 1382 (2024) and is substantially similar to HB 2627 (2024).

LIMITS ON SELLING OR PURCHASING CERTAIN DRUGS (SECTIONS 195.417 AND 579.060)

Current law prohibits the sale, purchase, or dispensation of ephedrine, phenylpropanolamine, or pseudoephedrine to the same individual in a twelve-month period in any total amount greater than 43.2 grams without a valid prescription. This act changes the total amount to 61.2 grams.

These provisions are identical to SCS/SB 1485 (2024) and provisions in HCS/HB 2824 (2024).

ADMINISTRATION OF MEDICATIONS IN LONG-TERM CARE FACILITIES BY THOSE NOT LICENSED AS A NURSE (SECTION 196.990 AND 335.081)

This act adds licensed long-term care facilities to the definition of "authorized entity" in current law permitting such entities to stock a supply of epinephrine auto-injectors for use in an emergency. Additionally, the administration by technicians, nurses' aides, or their equivalent in long-term care facilities of epinephrine auto-injectors and subcutaneous injectable medications to treat diabetes shall not be prohibited by nurse licensing laws.

These provisions are identical to provisions in HCS/HB 2824

(2024).

SUSPENSION OF PROFESSIONAL LICENSES FOR FAILURE TO PAY STATE TAXES (SECTIONS 324.001, 324.010, 337.647, AND 339.845)

This act repeals the provisions regarding suspension of certain professional licenses for delinquency on any state taxes or failure to file state income tax returns in the last three years.

These provisions are identical to HB 2699 (2024).

TEMPORARY LICENSES (SECTION 324.004)

Under this act, any person who has at least three 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. If the applicant is not currently residing in this state, the oversight body shall conditionally approve the application. If an applicant fails to provide proof of residency in this state within 90 days of receipt of temporary license, the oversight board may terminate the temporary license and the applicant may reapply for the temporary license.

Upon expiration of the temporary 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.

This provision is similar to SB 817 (2024), HB 1962 (2024), HB 2099 (2024), a provision in HCS/SS#2/SCS/SB 88 (2023), and HB 1900 (2022).

LICENSING FEES USED FOR CONTINUING EDUCATION (SECTION 324.035)

Current law provides that a board, commission, or committee within the Division of Professional Registration ("Division") shall not utilize occupational fees or fees associated with licensing requirements nor contract or partner with any outside vendor or agency for the purpose of offering continuing education classes. This act provides that the board, commission, or committee may offer such continuing education if the program is approved by the Director of the Division and is available to all licensees covered by such board, commission, or committee.

This provision is identical to a provision in HCS/HBs 1706 & 1539 (2024).

NONRENEWABLE TEMPORARY LICENSURE FOR DIETITIANS (SECTION 324.218)

This act establishes a temporary license for dietitians. Under the act, an applicant who has not previously taken or passed an examination recognized by the State Committee of Dietitians ("Committee") and who meets the qualifications for licensure as a dietitian may obtain without examination a nonrenewable temporary license by paying a temporary license fee and submitting to the Committee an agreement-to-supervise form that is signed by a licensed dietitian who has agreed to supervise the applicant and has active dietetics practice in this state for a minimum of one year. The temporary license shall expire the date the Committee is notified by the supervising dietitian that the temporary licensee's employment has ceased or within one hundred eighty days of its issuance, whichever occurs first.

This act further provides that the supervising dietitian shall not be an immediate family member of the temporary licensee. Additionally, the act requires the supervising dietitian to submit a signed notarized form attesting that the applicant shall begin employment at a location in this state within seven days of issuance of the temporary license. If the temporary licensee's employment ceases, the supervising dietitian shall notify the Committee within three days. Finally, this act provides that a supervising dietitian shall not supervise more than one temporary licensee at a time.

This provision is identical to SB 1053 (2024), HB 1666 (2024), HB 845 (2023), and HB 873 (2023).

EMERGENCY SUSPENSION OR RESTRICTION OF A MASSAGE LICENSE BY THE ADMINISTRATIVE HEARING COMMISSION (SECTION 324.263)

This act provides that the Board of Therapeutic Massage ("Board") may apply to the Administrative Hearing Commission ("AHC") for an emergency suspension or restriction of a massage business or massage therapist license if the licensee is the subject of a pending criminal indictment, information, or charge related to the duties and responsibilities of the massage therapist and there is reasonable cause to believe that public health, safety, or welfare is at risk.

Within five days of a filing of a compliant, the AHC shall review and, if there is reasonable cause, shall enter the order requested by the Board, which shall be effective upon personal service or by leaving a copy at the licensee's current addresses on file. Within 45 days of a filing of a complaint or upon final adjudication of any criminal charges filed against the licensee, the AHC shall hold an evidentiary hearing to determine if cause for discipline exists and to determine whether the initial order shall continue to be in effect. If no cause for discipline is found, the AHC shall issue findings and terminate the order for suspension or restriction. If the AHC finds cause for discipline, the AHC shall issue findings and order the suspension or restriction to remain in full force and effect until a disciplinary hearing before the Board, which may impose discipline otherwise authorized by state law.

Furthermore, this act provides that if the AHC does not grant an initial order, the Board shall remove all reference to such emergency suspension or restriction from public records.

This provision is substantially similar to HB 1549 (2024) and HB 175 (2023) and is similar to HB 1610 (2022).

CLASSIFICATION OF COSMETOLOGISTS - ESTHETICS AND MANICURING (SECTIONS 329.010 & 329.050)

This act adds "Class EA - esthetics and manicuring" as a new classification of licensure for cosmetologists. The Class EA - esthetic and manicuring includes the practices of manicurists and estheticians. When the occupation of manicurist is apprenticed with the occupation of esthetician, the apprentice shall complete a total of no less than 2,300 hours. When the occupation of manicurist is studied at a licensed school with the occupation of esthetician, the student shall complete the required hours for both occupations as set in current state law or federal regulation.

These provisions are identical to SB 1425 (2024), are substantially similar to HB 1491 (2024), and are similar to HCS/HB 1434 (2024).

CORPORATION LICENSURE TO PRACTICE DENTISTRY IN CORRECTIONAL CENTERS (SECTION 332.081)

Current law provides that no corporation shall practice dentistry unless that corporation is a nonprofit corporation or a professional corporation under Missouri law. This act provides that such provision shall not apply to entities contracted with the state to provide care in correctional centers.

This provision is identical to SB 1287 (2024) and a provision in HB 2075 (2024).

EMBALMERS & FUNERAL DIRECTORS (SECTIONS 333.041 & 333.042)

This act modifies the process for obtaining a license to practice embalming and to practice funeral directing by repealing the current law regarding licensure and by 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 any 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 Board, student licensees enrolled in a program may assist in a licensed embalming establishment under the direct supervision of a licensed embalmer.

In order to be eligible for full licensure, a student licensee shall submit an official transcript after completing a funeral service education program, demonstrate that he or she has completed an apprenticeship of no less than six months, demonstrate that he or she has personally embalmed at least 25 dead human bodies under the supervision of and inspection by a licensed embalmer, and has passed the National Board Examination - Sciences, the Missouri law examination, and if necessary to complete the student's education, the National Board Examination - Arts or State Board Examination - Arts. Licensees may also sit for the National Board Examination - Arts for the purpose of potential reciprocity in another state. A student licensee shall have five years to complete the requirements for licensure as an embalmer under this act. Failure to complete the requirements in five years will result in the cancellation of the current application.

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 three years 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 passage of the Missouri law examination and the successful completion of an accredited program or a qualifying apprenticeship with passage of the National Board Examination - Arts or the State Board Examination - Arts as provided in the act.

Every person seeking to obtain a funeral director limited license shall meet the qualifications as specified in the act and is only authorized to perform cremations and related duties in an establishment licensed only for cremation. A person with a funeral director limited license may obtain a full funeral director's license by meeting the requirements specified in the act.

These provisions shall be effective on August 28, 2025.

These provisions are identical to SB 1052 (2024) and are similar to provisions in HCS/HBs 2322 & 1774 (2024), SB 348 (2023), HB 629 (2023), HB 1491 (2022), HCS/SB 9 (2021), HCS/SB 330 (2021), SCS/HB 585 (2021), HCS/HB 724 (2021), HB 1349 (2021), and HB 2432 (2020).

PROFESSIONAL COUNSELORS (SECTION 337.510)

This act provides that the Executive Director of the Committee for Professional Counselors ("Committee"), rather than the Committee, shall issue a license to each person who files an application, pays the application fee, and provides satisfactory evidence regarding lack of criminal or disciplinary actions along with compliance with the law regarding licensure of professional counselors and the passage of an examination on professional counseling in this state. The Committee shall review and approve or deny all applications for which licenses were not authorized to be issued by the Executive Director. Additionally, this act provides that the Committee shall display the name, address, license number, and license status for each licensee of any license type on the Division of Professional Registration's searchable listing of licensees.

This provision is identical to SCS/SB 1284 (2024) and is similar to HB 2434 (2024).

EDUCATIONAL REQUIREMENTS FOR SOCIAL WORKERS (SECTIONS 337.600 TO 337.645 AND 337.665)

Currently, the educational requirements for licensure of certain social workers include receiving a baccalaureate or master's degree in social work from an accredited program approved by the Council on Social Work Education or receiving a doctorate or Ph.D. in social work. This act provides that such applicants may receive a master degree in social work from a social work program either accredited by the Council on Social Work Education or recognized and approved by the State Committee for Social Workers as set forth in the act.

These provisions are substantially similar to HCS/HB 1533 (2024).

VACCINES NOT ORDERED OR ADMINISTERED BY PHARMACISTS (SECTION 338.010)

This act provides that the practice of pharmacy shall include the ordering and administering of vaccines, except for the vaccine for chikungunya and those vaccines approved by the U.S. Food and Drug Administration after January 1, 2024, instead those after January 1, 2023.

This provision is identical to SB 1455 (2024) and HB 2879 (2024).

KATIE O'BRIEN

Amendments

No Amendments Found.