SCS/HS/HCS/HBs 1601, 1591, 1592, 1479 & 1615 AND HCS/HBs 1094, 1213, 1311 & 1428

DIETITIANS (pp. 2-8) Sections 324.200 - 324.225 This act creates the State Committee of Dietitians within the Division of Professional Registration to advise the Division. After July 1, 1999, no person may use the title licensed dietician or L.D. unless licensed by the state. Anyone violating the act is guilty of an infraction.

Applicants for licensure must have graduated from an approved dietetics program and have graduated from an accredited college, have completed a supervised practice in a nationally accredited institution and pass an examination. The examination may be waived for those currently registered with the Commission on Dietetic Registration. Other requirements are included in these sections.

The Division of Professional Registration shall set the fees by rule in an amount which will recover the costs of administering these provisions. Moneys are to be placed in the Dietitian Fund which is created in the act. Money in the fund does not revert to general revenue.

The act does not require third-party reimbursement for dietitian services.

MASSAGE THERAPISTS (pp 8-15) Sections 324.240 - 324.275 (1) This act also provides for the licensing of massage therapists. An "Advisory Commission for Massage Therapists" is created that may make recommendations to the Board of Healing Arts to carry out the provisions of this act. The Commission is authorized to regulate the following: 1) license applications for massage therapists; and 2) standards, including reciprocity, for massage therapists. The Board of Healing Arts shall review applications to operate massage businesses and determine the application fee. A license shall be posted at such business and the massage business license is not transferable.

(2) The Board may make survey inspections of massage businesses. Procedures are enumerated if massage business is found to be in noncompliance after a survey inspection. Complaints may be filed against a massage therapist or massage business. The Board may file an action to enjoin a massage business from continuing a violation. The Board shall revoke the license of any business or therapist who obtains a license by misrepresentation or who is convicted of an act of prostitution. An applicant to practice massage therapy shall authorize a criminal background check to be performed by the Commission.

(3) A person who does not hold a license to practice massage or is not exempted may not use the term "massage" or a similar term in advertising. Local rules and regulations relating to massage, except for zoning regulations, are preempted. Any person who violates the provisions of this act commits a Class A misdemeanor.

COSMETOLOGISTS (pp 15-17) Sections 329.140 - 329.265 (1) The State Board of Cosmetology is given the authority to close down cosmetology businesses which are operating without being duly licensed; and

(2) The Board is permitted to suspend and revoke licenses of cosmetology businesses which employ individuals who are not licensed by the Board to provide cosmetology services.

(3) The act gives Class CA (hairdressers and manicurists) and Class CH (hairdressers) cosmetologists until July 1, 1999, to become a licensed esthetician without taking an examination. The State Board of Cosmetology has until October 1, 1998, to notify all Class CA and Class CH cosmetologists of their rights as provided in this act.

(4) After July 1, 1999, any cosmetologist who wished to practice as an esthetician must complete 750 hours of training and pass an examination. The changes in the provisions of Section 329.265, RSMo, were necessary to correct a problem arising from failure to notify cosmetologists of certain deadlines.

PODIATRISTS (pp 17-18) Section 330.010 This section pertains to podiatrists who desire to perform surgery on the ankle. Any newly licensed Doctor of Podiatric Medicine who wants to perform surgery on the ankle after January 1, 2005, must complete a twenty-four-month residency in podiatric surgery.

PHYSICAL THERAPISTS (p 18) Section 334.507 This section covers continuing education for physical therapists and physical therapists assistants. These persons must acquire thirty hours of continuing education every two years. The Missouri Advisory Commission for Physical Therapists and Physical Therapist Assistants shall review each person's adherence to the continuing education requirements in each even-numbered year and shall include all approved continuing education courses taken during the previous two years.

PHYSICIAN ASSISTANTS (pp 18-26) Sections 334.735 - 334.749 This act:

(1) Allows physician assistants to prescribe and dispense noncontrolled drugs, medications, devices, and therapies as long as what they prescribe and dispense are consistent with the scope of practice of the physician assistant and the supervising physician;

(2) Allows physician assistants and advanced practice nurses to request, receive, and dispense professional samples to patients. Physician assistants may not dispense or prescribe anything that the supervising physician is not qualified or authorized to dispense or prescribe. With exceptions, physician assistants may only dispense starter doses of medication to cover a limited period of time;

(3) Replaces the certificate of registration for physician assistants with a license. The substitute also changes the name of the Advisory Commission for Registered Physician Assistants to the Advisory Commission for Physician Assistants;

(4) At all times the supervising physician or other physician designated in the supervision agreement is responsible for oversight of the activities of the physician assistant and accepts responsibility for health care services rendered by the physician assistant.

PSYCHOLOGISTS (pp 25-37) Sections 337.010 - 337.045 (1) Licensed psychologists, provisional licensed psychologists, and temporary licenses for psychologists are defined;

(2) Requirements are specified for the various licenses;

(3) The State Committee of Psychologists is given authority to determine eligibility for temporary licenses, including reciprocity;

(4) Eligibility requirements are established to sit for licensing examinations when applying under a reciprocal agreement;

(5) The State Committee is allowed to certify reciprocal licensees' certification as health service providers;

(6) Duties of the primary or secondary supervisors connected with clinical supervision are specified;

(7) A psychologist may not represent himself or herself as a state certified or registered psychological health service provider unless the psychologist has previously received certification from the State Committee of Psychologists;

(8) Any person who is lawfully licensed as a psychologist in this state and who meets one or more of the following criteria shall automatically, upon payment of the requisite fee, be entitled to receive a health service provider certification from the committee:

(a) Is a diplomate of the American Board of Professional Psychology in one or more of the specialties recognized by the American Board of Professional Psychology as pertaining to health service delivery; or

(b) Is a member of the National Register of Health Service Providers in Psychology;

(9) A psychologist who receives a license for the practice of psychology on the basis of reciprocity in accordance with section 337.029, RSMo, is also eligible for and shall receive certification from the State Committee of Psychologists as a health service provider if the psychologist meets one or more of the following criteria:

(a) Is a diplomate of the American Board of Professional Psychology in one or more of the specialties recognized by the American Board of Professional Psychology as pertaining to health service delivery;

(b) Is a member of the National Register of Health Service Providers in Psychology; or

(c) Has completed or obtained through education, training, or experience the requisite knowledge comparable to that which is required pursuant to Section 337.033, RSMo; and

(10) The qualifications for professional education and training for health service provider certification are changed.

REAL ESTATE APPRAISERS (pp 37-70) Sections 339.501 - 339.855 (1) It will be unlawful, as of July 1, 1999, for persons to act or hold themselves out as being real estate appraisers without first being duly licensed by the Missouri Real Estate Appraisers Commission;

(2) No appraisers licenses may be issued to partnerships, associations, corporations, or firms. Nothing shall preclude licensed appraisers from rendering appraisals on behalf of these entities as long as the appraisal report is prepared, reviewed, and signed by a licensed appraiser;

(3) Unlicensed persons are allowed to assist in the performance of appraisals if they are acting under the direct supervision of a licensed appraiser;

(4) Persons performing Certified Ad Valorem Tax Appraisals are permitted to use the title of real estate appraiser;

(5) Owners of property are allowed to appraise their own property without being licensed;

(6) Real estate brokers and salespersons are exempted from licensure when conducting comparative market analyses or broker price opinions;

(7) Local, state, and federal employees are exempted from lincensure when acting within the scope of their employment;

(8) Any employee or agent of federal or state regulated lending institutions is exempted from licensure; and

(9) Any agent of a federal or state regulated lending agency or institution in a county of the third or fourth classification.

As of April 20, 1998, Missouri is only one of three states which have not adopted the Appraiser Qualification Board's (AQB) minimum criteria for appraiser certification that became effective January 1, 1998. The changes in Sections 339.503 - 339.855, RSMo would bring Missouri into compliance with the Appraiser Qualification Board's criteria.

PROFESSIONAL REGISTRATION (pp 70-72) Sections 620.146 - 620.150 The Director of the Division of Professional Registration may destroy records and documents of the Division or the Boards in the Division if such records and documents have been photographed, microphotographed, electronically generated, recorded, photostated, reproduced on film or other process capable of producing a clear, accurate and permanent copy of the original.

The Director of the Division of Professional Registration is allowed to contract with third parties to collect, account for, and deposit fees on behalf of the division and licensing agencies.

A Board within the Division of Professional Registration, as well as the Division itself, may refuse to issue a license. As an alternative to refusing to issue a license, the Board may issue a probationary license to an applicant. The Board shall notify the applicant in writing of the term of the probation imposed and of the applicant's right to a hearing before the Administrative Hearing Commission.

If the probation imposed includes any restrictions or limitations on the scope of the practice, the license shall plainly state such restriction or limitation. At the time the restriction or limitation is removed, a new license shall be issued.

INTERIOR DESIGNERS (pp 72-79) Sections 1 - 14 (1) Registration for commercial interior designers is established under the Interior Design Council, which is created within the Division of Professional Registration;

(2) Applicants for registration are required to pass examinations administered and certified by the National Council for Interior Design Qualification or examinations offered by the American Institute of Interior Designers;

(3) Individuals may also be registered if they have accumulated at least 15 years of experience in performing interior design;

(4) Provisions are made for registration and renewal, collecting of fees, suspension and revocation, reciprocity, fraud, and misrepresentation; and

(5) The Interior Designer Council Fund is established. The fund will be used for the operation and administration of the Council.

ACUPUNCTURISTS (pp 79-85) Sections 15 - 23 (1) The act also creates the Missouri Acupuncturist Advisory Committee. The Governor, with the advice and consent of the Senate shall appoint five members from a list provided by the Director of the Department of Economic Development.

(2) The Advisory Committee is to assist the Division of Professional Registration in the review and issuance of acupuncturist licenses. Other duties of the Advisory Committee and the Division of Professional Registration as specified in section 2 and 3.

(3) If any physician, surgeon or chiropractor uses the title "Licensed Acupuncturist", the provisions of sections one to nine of this act shall apply.

(4) No one may practice acupuncture in Missouri unless the requirements of section five of the act are met. Any person who violates any provision of sections one to nine of this act is guilty of a Class B misdemeanor.

(5) Provisions covering licensure of acupuncturists are included in sections four through six of the act.
TOM MORTON