HCS HB 57 -- PROFESSIONAL REGISTRATION

SPONSOR:  Wildberger (Wasson)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Professional Registration and Licensing by a vote of 12 to 0.

This substitute changes the laws regarding certain professions
including child care, registered surgical technologists, the
Elevator Safety Board, medical school certification, and
dentistry.

CHILD CARE

Currently, a person who cares for fewer than five children, not
including any children related to the caregiver by blood,
marriage, or adoption within the third degree, is not required to
obtain a child care facility license.  The substitute changes the
provision to include these related children in the total child
care count except for those children living in the house.  Any
unlicensed child care facility with fewer than five children will
be required to disclose its exempt status to the parents or
guardians of the children for which the facility provides care.
Any person violating child care licensure requirements or
illegally obtaining a child care license will be guilty of a
class A misdemeanor and assessed a fine of $200 per day up to
$10,000.  Unlicensed child care facilities operating illegally
can be immediately closed by the Department of Health and Senior
Services and the county prosecuting attorney may file suit to
obtain a permanent order preventing the facility from further
operations.

REGISTERED SURGICAL TECHNOLOGIST TITLE PROTECTION ACT

The substitute establishes the Registered Surgical Technologist
Title Protection Act.  In its main provisions, the substitute:

(1)  Requires persons wishing to practice as registered surgical
technologists to be registered with the State Board of
Registration for the Healing Arts within the Department of
Insurance, Financial Institutions and Professional Registration;

(2)  Requires applicants to be certified by the Liaison Council
on Certification for the Surgical Technologist or complete an
accredited surgical technologist program approved by the board;

(3)  Requires all registered surgical technologists to practice
under the direct supervision of a licensed physician, dentist, or
podiatrist;

(4)  Makes it unlawful for any person to present himself or
herself as a registered surgical technologist without first being
duly registered with the board;

(5)  Exempts certain licensed health care professionals from
registration;

(6)  Authorizes the board to establish rules; set fees; refuse to
issue, renew, or restore a registration; or place a person on
probation, censure, reprimand, or take other disciplinary action
for violations specified in the substitute; and

(7)  Creates the Registered Surgical Technologist Fund to be used
by the board for the administration of the act.

SURGICAL TECHNOLOGY

The substitute specifies that "surgical technology" is
intraoperative surgical patient care involving operating room and
surgical equipment preparation and performing directed tasks
within the sterile field and establishes the required criteria
before an individual can practice surgical technology in a health
care facility.

ELEVATOR SAFETY BOARD

The membership of the Elevator Safety Board within the Department
of Public Safety is increased from 11 to 12 by adding one member
who represents an elevator company that installs, services, and
maintains elevators and elevator-related equipment but is not a
manufacturer.

MEDICAL SCHOOL CERTIFICATION

The substitute requires the Coordinating Board for Higher
Education, prior to issuing a certificate of approval to a
medical school organized as a for-profit corporation, to submit a
study to the General Assembly examining the need for medical
schools in the state and the impact of certification of medical
schools as for-profit corporations.

TEETH WHITENING

The substitute specifies that any person providing teeth-
whitening services to another person by the use of products not
readily available to the public through over-the-counter purchase
will be considered to be engaging in the practice of dentistry.
Application of whitening formulations may be done by licensed
dental hygienists and registered dental assistants, but only
under the appropriate level of supervision of a licensed dentist.
Any person who takes dental impressions or performs any part of
the teeth-whitening process without being under the appropriate
level of supervision of a licensed dentist will be deemed to be
engaging in the practice of dentistry.

The provisions regarding the Registered Surgical Technologist
Title Protection Act become effective July 1, 2010.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the bill creates standards and
training for individuals wishing to become certified as surgical
technologists.  The bill only requires registration and not
licensure which will be more cost efficient.

Testifying for the bill was Representative Wildberger.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:23 am