SB 0141 Duties of the Division of Professional Registration
Sponsor:Quick
LR Number:S0579.09T Fiscal Note:0579-09
Committee:Corrections and General Laws
Last Action:07/01/97 - Signed by Governor Journal page:
Title:CCS/HS/HCS/SCS/SB 141
Effective Date:August 28, 1997
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Current Bill Summary

HS/HCS/SCS/SB 141 - In addition to the original SB 141 which establishes classes of pharmacy permits, the substitute contains various other provisions as follows:

(1) The positions of chairman of the Missouri Board for Architects, Professional Engineers and Land Surveyors shall alternate among an architect, a professional engineer and a professional land surveyor.

(2) To be licensed as a chiropractor a person must be at least 21, file an application with the state with appropriate filing fees and submit proof of graduation from a chiropractic school or college and pass a practical examination administered or approved by the Board of Healing Arts.

The board shall issue a license without examination upon payment of the reciprocity license fees. The board may require an applicant to successfully complete the special purposes examination for chiropractic if the applicant's licensing authority does not grant equivalent reciprocal licensing to Missouri licensees or if the requirements to secure a license in another jurisdiction are not equivalent to those required for licensure in the state of Missouri.

(3) Dental Hygienists may practice only as long as they are employed by a registered and licensed dentists or they are employed by a person or entity approved by the Board.

(4) The State Board for the Healing Arts may accept the certificate of Licentiate of the Medical Council of Canada as a qualification for licensure as a physician or surgeon.

The act also gives the State Board for the Healing Arts the authority, at its discretion, to issue a restricted and probationary license to an individual who has a misconduct complaint pending. After issuance of a restricted or probationary license either party has thirty days to file a petition with the Administrative Hearing Commission requesting a review of the Board's decision. If no petition is filed the right to seek review is waived.

(5) A candidate to practice as a physical therapist assistant who does not meet the educational qualification required in section 334.655 may submit to the Board an application for examination if such person can furnish written evidence that the person has been employed in Missouri for at least three of the last five years under the supervision of a licensed physical therapist and possesses the knowledge and training equivalent to that obtained in an accredited school.

The Board may license such pursuant until ninety days after the rules for physical therapist assistant licensing become effective.

(6) Persons who have been employed as physician assistants for three years prior to August 28, 1989 who has passed the national commission on certification of physicians assistants examination and who have active certification of the National Commission on Certification of Physician Assistants to be eligible for registration with the Board.

(7) The act establishes registration for pharmacy technicians with the Board of Pharmacy. No person will be allowed to assist a licensed pharmacist without being registered by the Board.

Any person who wishes to assist a pharmacist in the practice of pharmacy may do so by filing an application with the Board and paying the specified fee.

The Board of Pharmacy is required to maintain a disqualification list of all pharmacy technicians and applicants who have been found guilty, or who have pleaded no contest, to drug charges, fraud, misrepresentation or misconduct. No hospital or licensed pharmacy shall knowingly employ an person whose names appears on the employee disqualification list.

The act also requires the Board of Pharmacy, not the Department of Economic Development, to publish a list of drug products for which substitution shall not be permitted.

A licensed pharmacy may maintain its prescription file on readable microfilm for records maintained over three years. After September, 1999, a licensed pharmacy may preserve prescription files on microfilm or by electronic media storage for records maintained over three years.

Records maintained by a pharmacy that contain medical or drug information shall be considered confidential and shall only be released according to the standards of the Board.

The act also establishes classes of pharmacy permits or licenses.

(8) The regulatory bodies within the Division of Professional Registration are not required to collect or distribute testing fees to be sent to a private testing service.

(9) A person with a master's degree in psychological studies and who has met professional experience requirements but has not received a passing score on the licensing examination before August 28, 1996, shall be allowed the same amount of attempts, within the same allotted time, to pass such examination as a person who meets the requirements for licensure as a person who has received a doctoral degree based on psychological studies.

This act would allow interested third parties, defined as parents or guardians of a person who received treatment by a psychologist or any person who is financially responsible for the payment of treated, to file complaints against a psychologist and then appear before the State Committee of Psychologist and present evidence regarding such complaint or another complaint.

(10) Sections 1-14 of this act is known as the "Occupational Therapy Act". These sections create a Board of Occupational Therapy within the Division of Professional Registration. The six member Board appointed by the Governor with the advice and consent of the Senate shall serve three year term. The Board members shall receive as compensation an amount set by the Division not to exceed $50 per day plus expenses.

The licensing and revocation of a license language is specified in the bill and the Missouri Board of Occupational Therapy Fund is also created.

(11) Sections 15-35 of this act is known as the "Clinical Perfusionist Licensure Act". These sections allows the state Board of Healing Art to oversee the licensing of Clinical Perfusionist. The act also creates a the Advisory Commission for Clinical Perfusionists which shall guide, advise and make recommendation to the Board.

The Advisory Commission shall consist of five members which shall be appointed by the Governor with the advice and consent of the Senate. The members shall serve six year term.

(12) Renewal of an expired State Certified Real Estate Appraiser or State Licensed Real Estate Appraiser certification or license may be carried out within one year of the date of expiration. Other provisions for renewal of certification or licensure are included.

Several parts of this act are similar or identical to SS/SCS/HCS/HB 212.
TOM MORTON