CCS HS HCS SCS SB 141 -- PROFESSIONAL REGISTRATION

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

ARCHITECTS/ENGINEERS AND LAND SURVEYORS

The position of chairperson of the Board of Architects/Engineers and Land Surveyors will alternate among architects, engineers, and land surveyors.

CHIROPRACTIC

The Board of Chiropractic is given the authority to administer or approve practical examinations for licensure. Current law states that applicants must take the Missouri chiropractic exam.

The board is also required to establish reciprocity fees for out-of-state licensed chiropractors wishing to practice in Missouri. The board, at its discretion, may require persons from states which do not have a reciprocity agreement with Missouri to take and complete an exam issued by the National Board of Chiropractic Examiners.

DENTAL HYGIENISTS

Dental hygienists may only practice dental hygiene so long as they are employed by a registered and licensed dentist or employed by a person or entity approved by the board.

HEALING ARTS

The State Board for the Healing Arts can accept the certificate of the Licentiate of the Medical Counsel of Canada (LMCC) as a qualification for licensure as a physician or surgeon.

The bill also gives the State Board for the Healing Arts the authority, at its discretion, to issue restricted and probationary licenses to individuals who have misconduct complaints pending against them. Individuals must be given advance notice of issuance of the restricted or probationary license, discipline imposed, basis for the issuance, effective date, and a written statement that they have 30 days to request a hearing before the Administrative Hearing Commission. After issuance of a restricted or probationary license either party has 30 days to file a petition to the Administrative Hearing Commission requesting a review of the board's decision. If no petition is filed, the right to seek review is waived.

The bill allows the board to license certain physical therapy assistants 90 days after the development of rules regarding physical therapy assistants.

The bill also requires persons who have been employed as physician assistants for 3 years prior to August 28, 1989, to have active certification of the National Commission on Certification of Physician Assistants to be eligible for registration with the board.

If persons licensed under the board do not renew a professional license for 2 consecutive years, their license is deemed void.

PHARMACY TECHNICIANS

The bill establishes registration with the Board of Pharmacy for pharmacy technicians. Any person desiring to assist a pharmacist in the practice of pharmacy can do so by filing an application with the board and paying the appropriate fee. No person will be allowed to assist a licensed pharmacist without being duly registered by the board.

Persons registering as pharmacy technicians may assist licensed pharmacists for a period of up to 90 days prior to receiving a certificate. Pharmacy technicians will be required to conspicuously display their certificate of registration at their place of employment. Pharmacy technicians must apply for registration renewal within 30 days of the expiration date of their certificate.

The Board of Pharmacy is required to maintain a disqualification list of all pharmacy technicians and applicants who have been adjudicated and found guilty or pleaded no contest to drug charges, fraud, misrepresentation, or misconduct. The board must notify persons placed on the disqualification list informing them about the allegations made, the consequences of being on the list, the length of time they will be on the list, and challenging procedures. Persons notified that their names will be on the employment disqualification list may file an appeal with the Administrative Hearing Commission.

The bill contains provisions regarding the confidentiality of records maintained by a pharmacy.

The bill allows the Board of Pharmacy to establish classes of pharmacy permits. No person, copartnership, association, or any other business entity can open, operate, or maintain any pharmacy without first obtaining a permit from the board.

CLINICAL PSYCHOLOGISTS

Persons with a master's degree based on psychological studies, having met the professional experience requirements, may sit for the initial licensing exam for psychologists as many times as an individual with a doctoral degree based on psychological studies.

The bill allows interested third parties to file complaints, present evidence, or appear before the State Committee of Psychologists. An interested third party is a parent, guardian, or person who is financially responsible for a person who receives treatment from a psychologist.

REAL ESTATE APPRAISERS

The bill contains provisions pertaining to license renewal for real estate appraisers, failure to renew within a specified time, and renewal of an expired licensed.

DIVISION OF PROFESSIONAL REGISTRATION

The regulatory bodies within the Division of Professional Registration are not required to collect or distribute testing fees if any or all of the fee is to be remitted to a private testing service.

OCCUPATIONAL THERAPISTS

The bill creates within the Division of Professional Registration the Missouri Board of Occupational Therapy, with provisions regarding the make-up of the board, its duties, terms of service, compensation, meeting, election of officers, and the removal of members.

The functions and duties of the board are described. They include assessing the competency of those individuals wishing to be occupational therapists and occupational therapy assistants; giving examinations; issuing, renewing, suspending, and revoking licenses; collecting fees; license reciprocation; and adopting rules.

The bill establishes within the state treasury the Missouri Occupational Therapist Fund. All monies in the Health Care Providers Fund will be transferred to the new fund. Money in the fund will be used for the operation and maintenance of the board.

The bill removes occupational therapists from under the State Board for the Healing Arts.

Violations of this bill are a class B misdemeanor.

PERFUSIONISTS

The bill creates the Clinical Perfusionist Licensure Act. Perfusion is a procedure conducted during open heart surgery in which oxygenated blood is circulated throughout the body. A clinical perfusionist is a health care professional who operates the cardiopulmonary bypass systems which circulates blood outside the body during cardiac surgical cases.

This bill creates the Perfusionist Licensing Board under the Board of Healing Arts, with provisions regarding the appointment and make-up of the board, its duties, terms of service, compensation, meetings, election of officers, and the removal of members.

The bill describes the functions and duties of the board, which include adopting a code of ethics; establishing qualifications for licensure; assessing the competency of prospective licensees; giving examinations; issuing, suspending, and revoking licenses; establishing and issuing provisional licenses; creating reciprocal agreements; collecting fees; and establishing continuing education programs.

The bill also establishes the Licensed Perfusionists Fund within the state treasury. Monies placed in the fund will be used to offset the cost incurred for the operation and maintenance of the board.

The bill creates the Advisory Commission for Clinical Perfusionists. It is the duty of the commission to assist the board in carrying out the provisions contained in this act.

This bill contains penalty provisions and has an effective date of January 1, 1998, for the perfusionist portion of the bill.

No disciplinary proceeding against a licensed person licensed to practice a profession can be initiated unless such action is commenced within 3 years of the allegation.

The bill also places any rule promulgated under its authority under certain standards for withstanding a challenge, requires the court to award reasonable fees and expenses to any prevailing party in such a challenge, and requires that rules promulgated pursuant to the bill expire on August 28th of the year after they become effective unless extended by statute. These rules provisions have a conditional termination date.

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