CCS SCS HCS HB 343 -- PROFESSIONAL REGISTRATION

This bill contains provisions pertaining to various professions
under the Division of Professional Registration.  These
provisions include:

EMERGENCY SERVICES

The bill gives the Department of Health the authority to
promulgate rules regarding the appropriate level of care persons
must receive when transported in a supine position.

MEDICAL FACILITIES

The bill gives the Department of Health the authority to license
necessary provider hospitals.

ENDOWED CARE CEMETERIES

(1)  Moneys placed in the Endowed Care Cemetery Audit Fund will
not be transferred to the credit of general revenue until the
amount in the fund exceeds 3 times the amount appropriated for
the previous fiscal year;

(2)  No endowed care cemetery may operate in this state unless
the owner or operator has a certificate of authority from the
division and complies with all state, county, and municipal
ordinances.  The division has the authority to grant or deny
applications for certificates; refuse to renew, suspend, or
revoke certificates; and cause complaints to be filed with the
Administrative Hearing Commission; and

(3)  Prior to August 28, 2000, all existing endowed care
cemeteries must apply for certificates of authority to operate.
All found to be in compliance will be granted a certificate of
authority upon receipt of an application.

GEOLOGY

The bill redefines the duties of public members of the Board of
Geology and lowers the membership from 8 to 7.  The state
geologist is placed on the board as an ex officio member.

PRIVATE EMPLOYMENT AGENCIES

Chapter 289, RSMo, is repealed.

OPTOMETRISTS

The bill allows optometrists to certify persons as disabled for
the purposes of acquiring disabled license plates or placards.
The bill also prohibits health insurance carriers from
discriminating between eye care providers when reimbursing for
covered services.

FIREWORKS

In regards to fireworks, the bill:

(1)  Defines "consumer" fireworks, formerly known as "common"
fireworks, and "special fireworks" as devices regulated by the
United States Department of Transportation under Fireworks,
UNO366, 1.4G;

(2)  Regulates sale or shipment of fireworks within the state in
addition to sale or shipment into the state;

(3)  Allows the State Fire Marshal to refuse to issue an
application for a firework sales permit if the application is
not received by May 31;

(4)  Requires seasonal retailers of fireworks to first obtain a
permit from the State Fire Marshal before purchasing fireworks
from any manufacturer, distributor, wholesaler, or jobber
intending to sell fireworks;

(5)  Allows the State Fire Marshal, the marshal's designees, or
any authorized police or peace officer to enter property
accessible to the public where fireworks are sold by individuals
who are not licensed or whose licenses have been revoked or
suspended for purposes of inspection;

(6)  Requires that all fireworks sold by jobbers, wholesalers,
manufacturers, and distributors bear the numbers and letter
"1.4G" on the shipping carton;

(7)  Prohibits the storage or sale of fireworks in any area
where ignitable liquids or gases are stored;

(8)  Establishes that violation of Section 320.136 is a class C
felony, and other violations of the fireworks statutes are class
B misdemeanors for the first offense and class A misdemeanors
for the second offense; and

(9)  Establishes that violation of the fireworks statutes by a
licensee whose license is either revoked or suspended is a class
D felony.

OCCUPATIONAL THERAPISTS

In addition to making technical changes, the bill makes
discipline of an occupational therapist in another state reason
for sanction or discipline in Missouri.

PERFUSION

The bill abolishes the Licensed Perfusionists Fund and places
all moneys to the credit of the Board of Healing Arts Fund.

DIETITIANS

(1)  The Director of the Division of Professional Registration
will, in collaboration with the Department of Economic
Development, establish guidelines for payment to the members of
the Committee of Dietitians for necessary expenses incurred in
the performance of their duties;

(2)  Failure of licensees to provide the committee with
required  information necessary for licensure or to pay the
appropriate fees will result in the committee issuing a
noncurrent license.  Licenses will be restored within a 2-year
period if the applicant submits the required documentation and
pays all applicable fees;

(3)  The Committee of Dietitians is given the authority to
recommend for prosecution those licensees or others who are
found to be in violation of the provisions pertaining to
dietitians; and

(4)  The committee will promulgate rules as are necessary to
administer the functions and operations of the committee.

MASSAGE THERAPY

(1)  The Board of Therapeutic Massage is created, replacing the
Advisory Commission for Massage Therapists;

(2)  The duties of the public member of the board include the
determination of the technical requirements or competence
necessary for licensure;

(3)  All fees collected will be used for the costs incurred for
the operation of the board.  Funds will be placed in the Massage
Therapy Fund, which is created.  Moneys in the fund cannot be
transferred to the credit of general revenue until the amount
exceeds 3 times the amount appropriated for the preceding fiscal
year;

(4)  The board will promulgate rules and regulations necessary
to administer the functions and operations of the board;

(5)  The board is given the authority to cause complaints to be
filed with the Administrative Hearing Commission for reasons
which include fraud, incompetency, gross negligence, and failure
to comply with inspections;

(6)  The board must approve all courses of instruction and
examinations required for licensure; and

(7)  Until the board is established and rules promulgated, no
municipal or county ordinances will be preempted and may be
fully enforced.

INTERIOR DESIGN

(1)  The Director of the Division of Professional Registration
will, in collaboration with the Department of Economic
Development, establish guidelines for payment to the members of
the Interior Design Council for necessary expenses incurred in
the performance of their duties;

(2)  The Interior Design Council is given the authority to
recommend for prosecution those licensees or others who are
found to be in violation of the provisions pertaining to
interior designers; and

(3)  Moneys in the Interior Designer Council Fund cannot be
transferred to the credit of general revenue until the amount
exceeds 3 times the amount appropriated for the preceding fiscal
year.

ACUPUNCTURE

(1)  All chiropractors supervising auricular detox technicians
are required to be certified by the Board of Acupuncture;

(2)  The Missouri Acupuncturist Advisory Committee is placed
under the Division of Professional Registration;

(3)  The language regarding the make-up and appointment of the
committee is expanded;

(4)  All funds collected will be placed in the Acupuncture Fund,
which is created.  Moneys in the fund cannot be transferred to
the credit of general revenue until the amount exceeds 3 times
the amount appropriated for the preceding fiscal year;

(5)  The board is given the authority to refuse to issue, renew,
and revoke licenses and to cause complaints to be filed with the
Administrative Hearing Commission; and

(6)  Physicians and chiropractors are restored as supervisors of
auricular detox technicians.

TATTOOS

(1)  All persons performing tattoos, body piercing, or branding
must be at least 18 years old; and

(2)  All funds collected by the division will be placed in the
Tattoo Fund, which is created.  Moneys in the fund will not be
transferred to the credit of general revenue until the amount
exceeds 3 times the amount appropriated for the preceding fiscal
year.

ARCHITECTS, ENGINEERS, AND LAND SURVEYORS

With regard to architects, engineers, and land surveyors the
bill:

(1)  Creates the title of professional land surveyor and changes
the name of the State Board for Architects, Professional
Engineers, and Land Surveyors to include this title;

(2)  Changes the Missouri Council of Architects to the American
Institute of Architects/Missouri;

(3)  Changes the definition of the practice of architecture to
indicate that landscape architects are not covered under this
definition;

(4)  Allows any person or corporation licensed to practice
architecture to offer architectural services;

(5)  Requires applicants for reexamination to wait for a period
of at least 6 months before taking another exam;

(6)  Authorizes the board to require continuing education for
licensed architects and professional engineers, not to exceed 30
hours within a licensing period;

(7)  Expands the practice of a professional engineer to include
the coordination of services furnished by structural, civil,
mechanical, and electrical engineers;

(8)  Allows any person or corporation licensed to practice
professional engineering to offer professional engineering
services;

(9)  Gives the board authority to issue inactive licenses for
professional engineers;

(10)  Redefines "practice as a land surveyor" and "unauthorized
practice as a land surveyor" and revises the renewal procedure
for annual certificates;

(11)  Redefines reciprocation for architects, engineers, and
land surveyors, stating that their qualifications must meet or
exceed the requirements necessary to be licensed in Missouri; and

(12)  Revises the personal right to practice as an architect,
engineer, or land surveyor; the use of personal seals of
registration; and charges of improper conduct.

COSMETOLOGY

The bill increases the amount of per diem for the Board of
Cosmetology from $50 to $70 per day.

CHIROPRACTORS

(1)  Chiropractors must provide the Board of Chiropractic with
proof that they have completed at least 12 hours of continuing
education within a 2-year period before their license will be
renewed; and

(2)  The Board of Chiropractic is authorized to request courts
of general jurisdiction to issue injunctions, restraining
orders, or other orders against licensed chiropractors
prohibiting them from practicing.

MEDICAL GRIEVANCES

The bill establishes several provisions relating to complaints
filed against physicians, dentists, psychologists, and nurses by
persons in the custody of the Department of Corrections.  No
documentation may appear on file nor disciplinary action be
taken unless the licensee violates provisions requiring denial,
suspension, or revocation of licenses.  The bill also requires
any case file documentation to be destroyed within 3 months of
final case disposition by the Board of Healing Arts and the
Board of Nursing.

In the case of previous complaints by persons in the custody of
the Department of Corrections where no violation was found by
the board, the bill requires the timely destruction of all
public documentation regarding the complaint at the request of
the licensee, notification of other licensing boards or
registries of the board's action, and sending a letter to the
licensee stating that the board found the complaint to be
unsubstantiated. Unsubstantiated complaints need not be
disclosed for employment purposes.

DENTISTS

The bill allows the Dental Board to establish a committee to
supervise potentially impaired licensees.

PHYSICAL THERAPISTS

(1)  Nothing will prevent physical therapists from performing
screening, providing educational resources and training,
developing fitness and wellness programs for asymptomatic
persons, or providing consulting services within the scope of
their practice;

(2)  Physical therapists are allowed to treat existing injuries
which have been previously diagnosed by a physician;

(3)  Physical therapists are required to refer persons to
physicians whose medical condition is determined to be beyond
the scope of practice of the physical therapist or within 30
days if the patient shows no improvement from physical therapy
care; and

(4)  Physical therapists are allowed to examine and evaluate new
injuries or illnesses without a prescription if after the
evaluation the physical therapist refers that person to a
physician.

RESPIRATORY CARE THERAPISTS

(1)  Respiratory therapists are required to renew their license
biennially and to provide proof of completion of continuing
education requirements before their licenses will be renewed;

(2)  The mandatory experience requirement for temporary licenses
and the provision pertaining to a one-time temporary permit to
practice as a respiratory therapist are repealed.  The period in
which temporary permits can be offered to graduates of
respiratory care programs is increased from 12 to 18 months;

(3)  Students of respiratory care are permitted to practice
respiratory care as long as it is done within their educational
program, and they are also allowed to use an appropriate title
that indicates their status as students; and

(4)  The Board for Respiratory Care is given the authority to
refuse to issue or renew any certificate and cause complaints to
be filed with the Administrative Hearing Commission for certain
causes contained in the bill.

NURSING

(1)  Definitions in Chapter 335 pertaining to nurses are revised;

(2)  Section 335.036, relating to the duties of the Board of
Nursing regarding fees, and the use and transfer of funds, is
repealed;

(3)  Applicants for a nursing license must obtain a professional
nursing degree or diploma from an accredited or approved
school.  Applicants from foreign countries must be licensed as
prescribed by rule;

(4)  The board is given authority to deny, revoke, or suspend a
license if a person has been placed on a disqualification list
or other related restriction pertaining to employment within a
health-related profession issued by any state or federal
government agency;

(5)  The board is given authority to notify the proper licensing
board of another state concerning disciplinary action against a
licensee;

(6)  Graduates of accredited nursing programs who have their
first licensing results pending are allowed to practice nursing
as long as it is under proper supervision; and

(7)  The Board of Nursing is granted subpoena power.

PHARMACY

(1)  Pharmacists carrying an inactive license may have it
renewed every 2 years; and

(2)  Two classes of pharmacy permits are added.

LIENS

The bill gives clinics and certain health care practitioners the
same rights in regards to liens as hospitals have under Chapter
430.  If liens against any entity exceed 50%, all those giving
notice of a lien will share in the net proceeds due the patient.

CONSTRUCTION CONTRACTS

The bill establishes what is considered design and construction
work for the purposes of private construction contractual
agreements.

PROFESSIONAL REGISTRATION

The bill transfers the Division of Professional Registration to
a type III division within the Department of Economic
Development.

Beginning August 28, 1999, in the case where funds have not been
appropriated, the director of the division is also given the
authority to borrow funds from any agency within the division
for the purposes of operating the division.  At the time such
funds are appropriated, the director's authority will cease and
the amount borrowed will be repaid.

DISABLED LICENSE PLATES

The bill makes the fraudulent procurement of a disabled license
plate or placard a class C misdemeanor.

MENTAL HEALTH

The bill requires any person providing repressed memory therapy
to be licensed as a mental health care provider.

TEMPORARY LICENSES FOR HEALTH CARE PROFESSIONALS

The bill allows out-of-state health care professionals to be
issued temporary licenses to practice in this state as long as
the license is used for the purposes of military service or in
disaster relief training.

PROFESSIONAL STATE BOARDS

The bill establishes new procedures for filling vacancies on
numerous state boards.

The provisions pertaining to temporary licenses for certain
health care professionals contain an emergency clause.

HCS HB 343 -- PROFESSIONAL REGISTRATION (Treadway)

This substitute contains provisions pertaining to various
professions under the Division of Professional Registration.

ENDOWED CARE CEMETERIES

(1)  Moneys placed in the endowed care cemetery audit fund will
not be transferred to the credit of general revenue until the
amount in the fund exceeds 3 times the amount appropriated for
the previous fiscal year.

(2)  No endowed care cemetery may operate in this state unless
the owner or operator has a certificate of authority from the
division and complies with all state, county, and municipal
ordinances.  The division has the authority to grant or deny
applications for certificates; refuse to renew, suspend, or
revoke certificates; and cause complaints to be filed with the
Administrative Hearing Commission.

(3)  Prior to August 28, 2000, all existing endowed care
cemeteries must apply for certificates of authority to operate.
All found to be in compliance will be granted a certificate of
authority upon receipt of an application.

PRIVATE EMPLOYMENT AGENCIES

Chapter 289 RSMo is repealed.

DIETITIANS

(1)  The Director of the Division of Professional Registration
will, in collaboration with the Department of Economic
Development, establish guidelines for payment to the members of
the Committee of Dietitians for necessary expenses incurred in
the performance of their duties.

(2)  Failure of licensees to provide the committee with
required  information necessary for licensure or pay the
appropriate fees will result in the committee issuing a
noncurrent license.  Licenses will be restored within a 2 year
period if the applicant submits the required documentation and
pays all applicable fees.

(3)  The Committee of Dietitians is given the authority to
recommend for prosecution those licensees or others who are
found to be in violation of the provisions pertaining to
dietitians.

(4)  The committee will promulgate rules as are necessary to
administer the functions and operations of the committee.

MASSAGE THERAPY

(1)  The Board of Therapeutic Massage is created, replacing the
Advisory Commission for Massage Therapists.

(2)  The duties of the public member of the board include the
determination of the technical requirements or competence
necessary for licensure.

(3)  All fees collected will be used for the costs incurred for
the operation of the board.  Funds will be placed in the Massage
Therapy Fund which is created.  Moneys in the fund cannot be
transferred to the credit of general revenue until the amount
exceeds 3 times the amount appropriated for the preceding fiscal
year.

(4)  The board will promulgate rules and regulations necessary
to administer the functions and operations of the board.

(5)  The board is given the authority to cause complaints to be
filed with the Administrative Hearing Commission for reasons
which include fraud, incompetency, gross negligence, and failure
to comply with inspections.

(6)  The board must approve all courses of instruction and
examinations required for licensure.

(7)  Until the board is established and rules promulgated, no
municipal or county ordinances shall be preempted and may be
fully enforced.

INTERIOR DESIGN

(1)  The Director of the Division of Professional Registration
will, in collaboration with the Department of Economic
Development, establish guidelines for payment to the members of
the Interior Design Council for necessary expenses incurred in
the performance of their duties.

(2)  The Interior Design Council is given the authority to
recommend for prosecution those licensees or others who are
found to be in violation of the provisions pertaining to
interior designers.

(3)  Moneys in the Interior Designer Council Fund cannot be
transferred to the credit of general revenue until the amount
exceeds 3 times the amount appropriated for the preceding fiscal
year.

ACUPUNCTURE

(1)  All chiropractors supervising auricular detox technicians
are required to be certified by the Board of Acupuncture.

(2)  The Missouri Acupuncturist Advisory Committee is placed
under the Division of Professional Registration.

(3)  The language regarding the make-up and appointment of the
committee is expanded.

(4)  All funds collected will be placed in the Acupuncture Fund
which is created.  Moneys in the fund cannot be transferred to
the credit of general revenue until the amount exceeds 3 times
the amount appropriated for the preceding fiscal year.

(5)  The board is given the authority to refuse to issue, renew,
and revoke licenses and to cause complaints to be filed with the
Administrative Hearing Commission for reasons stated in the
substitute.

TATTOOS

(1)  All persons performing tattoos, body piercing, or branding
must be at least 18 years old.

(2)  All funds collected by the division will be placed in the
Tattoo Fund, which is created.  Moneys in the fund will not be
transferred to the credit of general revenue until the amount
exceeds 3 times the amount appropriated for the preceding fiscal
year.

CHIROPRACTIC

(1)  Chiropractors must provide the Board of Chiropractic with
proof that they have completed at least 12 hours of continuing
education within a 2 year period before their license will be
renewed.

(2)  The Board of Chiropractic is authorized to request courts
of general jurisdiction to issue injunctions, restraining
orders, or other orders against licensed chiropractors
prohibiting them from practicing.

PHYSICAL THERAPISTS

(1)  Nothing will prevent physical therapists from performing
screening, providing educational resources and training,
developing fitness and wellness programs for asymptomatic
persons, or providing consulting services within the scope of
their practice.

(2)  Physical therapists are allowed to treat existing injuries
which have been previously diagnosed by a physician.

(3)  Physical therapists are required to refer persons to
physicians whose medical condition is determined to be beyond
the scope of practice of the physical therapist or within 30
days if the patient shows no improvement from physical therapy
care.

(4)  Physical therapists are allowed to examine and evaluate new
injuries or illnesses without a prescription provided that after
the evaluation the physical therapist refers that person to a
physician.

RESPIRATORY CARE THERAPISTS

(1)  Respiratory therapists are required to renew their license
biennially and to provide proof of completion of continuing
education requirements before their licenses will be renewed.

(2)  The mandatory experience requirement for temporary licenses
and the provision pertaining to a one-time temporary permit to
practice as a respiratory therapist are repealed.  The period in
which temporary permits can be offered to graduates of
respiratory care programs is increased from 12 to 18 months.

(3)  Students of respiratory care are permitted to practice
respiratory care as long as it is done within their educational
program, and they are also allowed to use an appropriate title
that indicates their status as students.

(4)  The Board for Respiratory Care is given the authority to
refuse to issue or renew any certificate and cause complaints to
be filed with the Administrative Hearing Commission for certain
causes contained in the substitute.

NURSING

(1)  Definitions in chapter 335 pertaining to nurses are revised.

(2)  Section 335.036 RSMo, relating to the duties of the Board
of Nursing regarding fees, and the use and transfer of funds, is
repealed.

(3)  Applicants for a nursing license must obtain a professional
nursing degree or diploma from an accredited or approved
school.  Applicants from foreign countries must be licensed as
prescribed by rule.

(4)  The board is given authority to deny, revoke, or suspend a
license if a person has been placed on a disqualification list
or other related restriction pertaining to employment within a
health-related profession issued by any state or federal
government agency.

(5)  The board is given authority to notify the proper licensing
board of another state concerning disciplinary action against a
licensee.

(6)  Graduates of accredited nursing programs who have their
first licensing results pending are allowed to practice nursing
as long as it is under proper supervision.

PHARMACY

Pharmacists carrying an inactive license may have them renewed
every 2 years.

MANUFACTURED HOUSING

(1)  The Missouri Manufactured Housing Industry Board is created
within the Division of Professional Registration.

(2)  The make-up, duties, and powers of the board and how those
duties and powers affect those wishing to act as manufactured
housing set-up contractors are described.

(3)  Individuals wishing to practice as set-up contractors must
meet certain criteria established by the substitute, which
include; completion of educational programs recognized by the
board, completion of supervised field work, passage of an
examination, meeting the minimum age requirement, providing
proof of mandatory insurance (workers compensation and
liability), and completing a training course approved by the
board.

(4)  The board has the authority to issue temporary limited
licenses.

(5)  Manufactured home manufacturers and dealers who do not
subcontract with licensed set-up contractors are required to
have at least one employee who has completed all the
requirements of the substitute.

(6)  The board is authorized to waive the licensing requirements
if individuals can prove that they are currently licensed in
another state as a set-up contractor as long as they meet all
criteria established by the board.

(7)  Provisions are set forth pertaining to the disciplinary
powers of the board, renewal of licenses, revocation and
suspension, complaints against licensees, subpoena powers, and
the filing of complaints with the Administrative Hearing
Commission.

(8)  Political subdivisions are prohibited from requiring
additional licenses for set-up contractors.

(9)  Set-up contractors are required to affix decals purchased
from the Division of Professional Registration to manufactured
homes denoting the date of setup and the name and license of the
contractor.

The provisions of manufactured housing sections of this
substitute expire August 28, 2004.

MENTAL HEALTH TREATMENT

Mental health care providers are required to provide full
disclosure and obtain specific written consent for such therapy
or treatment from the patient, or the patient's parent or legal
guardian before providing treatment for repressed memory,
recovered memory, reparenting, or multiple personality disorder.

FISCAL NOTE:  Estimated Net Effect to Manufactured Housing
Licensing Fund of an increase of $140,000 in FY 2000, an
increase of $2,100 in FY 2001, and a decrease of $130,154 in FY
2002.  Estimated Net Effect to Professional Registration Fees
Fund of $0 in FY 2000, FY 2001, and FY 2002.  Estimated Net
Effect to General Revenue Fund of a decrease of $92,965 in FY
2000, a decrease of $102,329 in FY 2001, and an increase of
$167,694 in FY 2002.  Estimated Net Effect to Respiratory Care
Practitioners Fund of $0 in FY 2000, an increase of $103,000 in
FY 2001, and a decrease of $103,000 in FY 2002.  Estimated Net
Cost to Endowed Care Cemetery Audit Fund of $10,800 in FY 2000,
FY 2001, and FY 2002.  Estimated Net Effect to Professional
Registration Fees Fund of $0 in FY 2000, FY 2001, and FY 2002.

HCS HB 343 -- PROFESSIONAL REGISTRATION

SPONSOR:  Treadway

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Professional Registration and Licensing by a vote of 13 to 0.

This substitute contains provisions pertaining to various
professions under the Division of Professional Registration.

ENDOWED CARE CEMETERIES

(1)  Moneys placed in the endowed care cemetery audit fund will
not be transferred to the credit of general revenue until the
amount in the fund exceeds 3 times the amount appropriated for
the previous fiscal year.

(2)  No endowed care cemetery may operate in this state unless
the owner or operator has a certificate of authority from the
division and complies with all state, county, and municipal
ordinances.  The division has the authority to grant or deny
applications for certificates; refuse to renew, suspend, or
revoke certificates; and cause complaints to be filed with the
Administrative Hearing Commission.

(3)  Prior to August 28, 2000, all existing endowed care
cemeteries must apply for certificates of authority to operate.
All found to be in compliance will be granted a certificate of
authority upon receipt of an application.

PRIVATE EMPLOYMENT AGENCIES

Chapter 289 RSMo is repealed.

DIETITIANS

(1)  The Director of the Division of Professional Registration
will, in collaboration with the Department of Economic
Development, establish guidelines for payment to the members of
the Committee of Dietitians for necessary expenses incurred in
the performance of their duties.

(2)  Failure of licensees to provide the committee with
required  information necessary for licensure or pay the
appropriate fees will result in the committee issuing a
noncurrent license.  Licenses will be restored within a 2 year
period if the applicant submits the required documentation and
pays all applicable fees.

(3)  The Committee of Dietitians is given the authority to
recommend for prosecution those licensees or others who are
found to be in violation of the provisions pertaining to
dietitians.

(4)  The committee will promulgate rules as are necessary to
administer the functions and operations of the committee.

MASSAGE THERAPY

(1)  The Board of Therapeutic Massage is created, replacing the
Advisory Commission for Massage Therapists.

(2)  The duties of the public member of the board include the
determination of the technical requirements or competence
necessary for licensure.

(3)  All fees collected will be used for the costs incurred for
the operation of the board.  Funds will be placed in the Massage
Therapy Fund which is created.  Moneys in the fund cannot be
transferred to the credit of general revenue until the amount
exceeds 3 times the amount appropriated for the preceding fiscal
year.

(4)  The board will promulgate rules and regulations necessary
to administer the functions and operations of the board.

(5)  The board is given the authority to cause complaints to be
filed with the Administrative Hearing Commission for reasons
which include fraud, incompetency, gross negligence, and failure
to comply with inspections.

(6)  The board must approve all courses of instruction and
examinations required for licensure.

INTERIOR DESIGN

(1)  The Director of the Division of Professional Registration
will, in collaboration with the Department of Economic
Development, establish guidelines for payment to the members of
the Interior Design Council for necessary expenses incurred in
the performance of their duties.

(2)  The Interior Design Council is given the authority to
recommend for prosecution those licensees or others who are
found to be in violation of the provisions pertaining to
interior designers.

(3)  Moneys in the Interior Designer Council Fund cannot be
transferred to the credit of general revenue until the amount
exceeds 3 times the amount appropriated for the preceding fiscal
year.

ACUPUNCTURE

(1)  All chiropractors supervising auricular detox technicians
are required to be certified by the Board of Acupuncture.

(2)  The Missouri Acupuncturist Advisory Committee is placed
under the Division of Professional Registration.

(3)  The language regarding the make-up and appointment of the
committee is expanded.

(4)  All funds collected will be placed in the Acupuncture Fund
which is created.  Moneys in the fund cannot be transferred to
the credit of general revenue until the amount exceeds 3 times
the amount appropriated for the preceding fiscal year.

(5)  The board is given the authority to refuse to issue, renew,
and revoke licenses and to cause complaints to be filed with the
Administrative Hearing Commission for reasons stated in the
substitute.

TATTOOS

(1)  All persons performing tattoos, body piercing, or branding
must be at least 18 years old.

(2)  All funds collected by the division will be placed in the
Tattoo Fund which is created.  Moneys in the fund will not be
transferred to the credit of general revenue until the amount
exceeds 3 times the amount appropriated for the preceding fiscal
year.

CHIROPRACTIC

(1)  Chiropractors must provide the Board of Chiropractic with
proof that they have completed at least 12 hours of continuing
education within a 2 year period before their license will be
renewed.

(2)  The Board of Chiropractic is authorized to request courts
of general jurisdiction to issue injunctions, restraining
orders, or other orders against licensed chiropractors
prohibiting them from practicing.

PHYSICAL THERAPISTS

(1)  Nothing will prevent physical therapists from performing
screening, providing educational resources and training,
developing fitness and wellness programs for asymptomatic
persons, or providing consulting services within the scope of
their practice.

(2)  Physical therapists are allowed to treat existing injuries
which have been previously diagnosed by a physician.

(3)  Physical therapists are required to refer persons to
physicians whose medical condition is determined to be beyond
the scope of practice of the physical therapist or within 30
days if the patient shows no improvement from physical therapy
care.

(4)  Physical therapists are allowed to examine and evaluate new
injuries or illnesses without a prescription provided that after
the evaluation the physical therapist refers that person to a
physician.

RESPIRATORY CARE THERAPISTS

(1)  Respiratory therapists are required to renew their license
biennially and to provide proof of completion of continuing
education requirements before their licenses will be renewed.

(2)  The mandatory experience requirement for temporary licenses
and the provision pertaining to a one-time temporary permit to
practice as a respiratory therapist are repealed.  The period in
which temporary permits can be offered to graduates of
respiratory care programs is increased from 12 to 18 months.

(3)  Students of respiratory care are permitted to practice
respiratory care as long as it is done within their educational
program, and they are also allowed to use an appropriate title
that indicates their status as students.

(4)  The Board for Respiratory Care is given the authority to
refuse to issue or renew any certificate and cause complaints to
be filed with the Administrative Hearing Commission for certain
causes contained in the substitute.

NURSING

(1)  Definitions in chapter 335 pertaining to nurses are revised.

(2)  Section 335.036 RSMo, relating to the duties of the Board
of Nursing regarding fees, and the use and transfer of funds, is
repealed.

(3)  Applicants for a nursing license must obtain a professional
nursing degree or diploma from an accredited or approved
school.  Applicants from foreign countries must be licensed as
prescribed by rule.

(4)  The board is given authority to deny, revoke, or suspend a
license if a person has been placed on a disqualification list
or other related restriction pertaining to employment within a
health-related profession issued by any state or federal
government agency.

(5)  The board is given authority to notify the proper licensing
board of another state concerning disciplinary action against a
licensee.

(6)  Graduates of accredited nursing programs who have their
first licensing results pending are allowed to practice nursing
as long as it is under proper supervision.

PHARMACY

Pharmacists carrying an inactive license may have them renewed
every 2 years.

MANUFACTURED HOUSING

(1)  The Missouri Manufactured Housing Industry Board is created
within the Division of Professional Registration.

(2)  The make-up, duties, and powers of the board and how those
duties and powers affect those wishing to act as manufactured
housing set-up contractors are described.

(3)  Individuals wishing to practice as set-up contractors must
meet certain criteria established by the substitute, which
include; completion of educational programs recognized by the
board, completion of supervised field work, passage of an
examination, meeting the minimum age requirement, providing
proof of mandatory insurance (workers compensation and
liability), and completing a training course approved by the
board.

(4)  The board has the authority to issue temporary limited
licenses.

(5)  Manufactured home manufacturers and dealers who do not
subcontract with licensed set-up contractors are required to
have at least one employee who has completed all the
requirements of the substitute.

(6)  The board is authorized to waive the licensing requirements
if individuals can prove that they are currently licensed in
another state as a set-up contractor as long as they meet all
criteria established by the board.

(7)  Provisions are set forth pertaining to the disciplinary
powers of the board, renewal of licenses, revocation and
suspension, complaints against licensees, subpoena powers, and
the filing of complaints with the Administrative Hearing
Commission.

(8)  Political subdivisions are prohibited from requiring
additional licenses for set-up contractors.

(9)  Set-up contractors are required to affix decals purchased
from the Division of Professional Registration to manufactured
homes denoting the date of setup and the name and license of the
contractor.

The provisions of manufactured housing sections of this
substitute expire August 28, 2004.

This substitute contains penalty provisions.

FISCAL NOTE:  Estimated Net Effect to Manufactured Housing
Licensing Fund of an income of $140,000 in FY 2000, an income of
$2,100 in FY 2001, and a cost of $130,154 in FY 2002.  Estimated
Net Effect to Professional Registration Fees Fund of $0 in FY
2000, FY 2001, and FY 2002.  Estimated Net Decrease to General
Revenue Fund of $92,965 in FY 2000, $102,329 in FY 2001, and
$167,694 in FY 2002.  Estimated Net Effect to Respiratory Care
Practitioners Fund of $0 in FY 2000, an income of $103,000 in FY
2001, and a cost of $103,000 in FY 2002.  Estimated Net Cost to
Endowed Care Cemetery Audit Fund of $10,800 in FY 2000, FY 2001,
and FY 2002.  Estimated Net Effect to Professional Registration
Fees Fund of $0 in FY 2000, FY 2001, and FY 2002.

PROPONENTS:  Supporters say that this is a clean up bill for
last year's House Bill 1601.  There were many provisions left
out at the last minute.  The Division of Professional
Registration needs certain language added to allow it to sweep
the operating funds every 3 years.  The bill also adds
nonendowed care cemeteries to the endowed care fund.  This is
needed to assure that these cemeteries are maintained.

Testifying for the bill were Representative Treadway; Division
of Professional Registration; and Missouri Cemetery Association.

OPPONENTS:  Those who oppose the bill say that the bill needs to
provide for a more responsible curriculum for massage therapy
and also be able to monitor educational programs.  It is also
felt that the massage therapy section needs more clarification.

Testifying against the bill were Massage Therapy Training
Institute; Massage Therapy Legislative Awareness League; and
Roland Jenson.

Bob Dominique, Legislative Analyst

HB 343 -- Professional Registration

Sponsor:  Treadway

This bill contains provisions pertaining to various professions
under the Division of Professional Registration.

ENDOWED CARE CEMETERIES

Moneys placed in the endowed care cemetery audit fund will not
be transferred to credit of general revenue until the amount in
the fund exceeds 3 times the amount appropriated for the
previous fiscal year.

No endowed care cemetery may operate in this state unless the
owner or operator has a certificate of authority from the
division.  The division has the authority to grant or deny
applications for certificates; refuse to renew, suspend or
revoke certificates; and cause complaints to be filed with the
Administrative Hearing Commission.

Prior to August 28, 2000, all existing endowed care cemeteries
must apply for certificates of authority to operate.  All found
to be in compliance will be granted a certificate of authority
upon receipt of an application.

PRIVATE EMPLOYMENT AGENCIES

Chapter 289 RSMo is repealed.

DIETITIANS

The Director of the Division of Professional Registration will,
in collaboration with the Department of Economic Development,
establish guidelines for payment to the members of the committee
of dietitians for necessary expenses incurred in the performance
of their duties.

Failure of licensees to provide the committee with required
information necessary for licensure or pay the appropriate fees
will result in the committee issuing a noncurrent license.
Licenses will be restored within a 2 year period if the
applicant submits the required documentation and pays all
applicable fees.

The Committee of Dietitians is given the authority to recommend
for prosecution those licensees or others who are found to be in
violation of the provisions pertaining to dietitians.

The committee will promulgate rules as are necessary to
administer the functions and operations of the committee.

MASSAGE THERAPY

The Board of Therapeutic Massage is created, replacing the
Advisory Commission for Massage Therapists.

The bill specifies that the duties of the public member of the
board include the determination of the technical requirements or
competence necessary for licensure.

All fees collected will be used for the costs incurred for the
operation of the board.  Funds will be placed in the Massage
Therapy Fund which is created.  Moneys in the fund cannot be
transferred to the credit of general revenue until the amount
exceeds 3 times the amount appropriated for the preceding fiscal
year.

The board will promulgate rules and regulations necessary to
administer the functions and operations of the board.

The board is given the authority to cause complaints to be filed
with the Administrative Hearing Commission for reasons which
include fraud, incompetency, gross negligence, and failure to
comply with inspections.

The board must approve all courses of instruction and
examinations required for licensure.

INTERIOR DESIGN

The Director of the Division of Professional Registration will,
in collaboration with the Department of Economic Development,
establish guidelines for payment to the members of the Interior
Design Council for necessary expenses incurred in the
performance of their duties.

The Interior Design Council is given the authority to recommend
for prosecution those licensees or others who are found to be in
violation of the provisions pertaining to interior designers.

Moneys in the Interior Designer Council fund cannot be
transferred to the credit of general revenue until the amount
exceeds 3 times the amount appropriated for the preceding fiscal
year.

ACUPUNCTURE

All chiropractors supervising auricular detox technicians are
required to be certified by the Board of Acupuncture.

The Missouri Acupuncturist Advisory Committee is placed under
the Division of Professional Registration.

The language regarding the make-up and appointment of the
committee is expanded.

All funds collected will be placed in the Acupuncture Fund which
is created.  Moneys in the fund cannot be transferred to the
credit of general revenue until the amount exceeds 3 times the
amount appropriated for the preceding fiscal year.

The board is given the authority to refuse to issue, renew, and
revoke licenses, and to cause complaints to be filed with the
Administrative Hearing Commission for reasons stated in the bill.

TATTOOS

All persons performing tattoos, body piercing, or branding must
be at least 18 years old.

All funds collected by the division will be placed in the Tattoo
Fund which is created.  Moneys in the fund will not be
transferred to the credit of general revenue until the amount
exceeds 3 times the amount appropriated for the preceding fiscal
year.

CHIROPRACTIC

Chiropractors must provide the Board of Chiropractic proof that
they have completed at least 12 hours of continuing education
within a 2 year period before their license will be renewed.

PHARMACY

Pharmacists carrying an inactive license may have them renewed
every 2 years.