HB1242 Revises law on various professions.
Sponsor: Treadway, Joseph L. (96) Effective Date:00/00/0000
CoSponsor: LR Number: 3233L.05F
Last Action: COMMITTEE: SENATE LOCAL GOVERNMENT AND ECONOMIC DEVELOPMENT
04/18/2000 - Public Hearing Held (S)
HS HCS HB 1242
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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Available Bill Summaries for HB1242 Copyright(c)
* Perfected * Committee * Introduced

Available Bill Text for HB1242
* Perfected * Committee * Introduced *

BILL SUMMARIES

PERFECTED

HS HCS HB 1242 -- PROFESSIONAL REGISTRATION (Treadway)

This substitute contains provisions relating to professions
regulated by the Division of Professional Registration.

ENDOWED CARE CEMETERIES

The substitute contains provisions regarding certificates of
authority for the operation of endowed care cemeteries.  The
provisions include compliance with state, county, and municipal
ordinances or regulations; allowing uncertified cemeteries to
fulfill prior obligations before certification; establishing
provisions relating to application, renewal, suspension, and
revocation of certificates; transfer of ownership of endowed
care cemeteries; and allowing the Division of Professional
Registration to promulgate rules relating to fees and
inspections.

DIETITIANS

The substitute expands the authority of the Committee of
Dietitians regarding the issuance and renewal of licenses.  The
committee may refuse to issue or renew for the following
causes:  pleading guilty in a criminal prosecution,
incompetence, misconduct, gross negligence, fraud, violation of
rules and regulations promulgated by the committee, use of
misleading advertisements, obtaining fees through fraud or
deception, use or unlawful possession of controlled substances,
and alcohol abuse to the extent it impairs the person's ability
to perform the work of his or her profession.  Members of the
committee cannot be held personally liable for acts committed
during the performance of their official duties.

The substitute allows the Administrative Hearing Commission to
place licensed dietitians on probation for a period of up to 5
years or to suspend licenses for up to 3 years.  A licensee who
has had a license revoked may apply for relicensure one year
after the date of revocation.  Relicensure will be at the
discretion of the committee.

After July 1, 2000, any person who uses the title of licensed
dietitian without being duly licensed will be guilty of a class
A misdemeanor.

BRANDING AND BODY PIERCING

The substitute gives the Director of Professional Registration
the authority to promulgate rules and regulations regarding
hygienic practices and sanitary operations for branding and body
piercing.

The substitute also gives the division authority to restrain
persons from practicing this profession if they are not licensed
or if they pose a danger to the health, safety, or welfare of
the public.

No person shall tattoo, brand, or pierce the genitals or female
breast of another person under the age of 18.

COSMETOLOGISTS

The substitute allows the Board of Cosmetology to employ
inspectors who do not hold licenses in cosmetology.

The substitute also prohibits cosmetologists from referring
persons to abortion services.

FUNERAL DIRECTORS

The substitute allows the State Board of Funeral Directors and
Embalmers to issue limited licenses.  Limited licenses will be
available for persons wishing to work in funeral establishments
licensed only to perform cremations.  Applicants are required to
pay application and examination fees and successfully complete
the Missouri law portion of the funeral director's practical
examination.

Persons with limited licenses are exempted from participating in
funeral director apprenticeship programs.

The board is permitted to grant license extensions to persons
who have allowed their licenses to lapse.

DENTAL HYGIENIST

The substitute establishes the Advisory Commission for Dental
Hygienists with 5 members.  It will be the duty of the
commission to approve educational requirements for hygienists,
annually review the practice act, and make recommendations to
the State Dental Board.

CHIROPRACTIC

The substitute gives the State Board of Chiropractic Examiners
authority to issue temporary licenses to qualified individuals.

The substitute also allows the board to approve postgraduate
study necessary to renew licenses.

IMMUNITY FROM REPORTING

Physicians' health programs are included among the persons and
agencies which are immune from liability for providing
information to the Board of Healing Arts regarding licensees or
applicants for license during the course of an investigation.

PHYSICIAN ASSISTANTS

The substitute expands the definition of "supervision of
physician assistants" to allow supervising physicians to be
available via telecommunications for consultation, assistance,
or intervention.

The substitute also requires physician assistants to practice
within 30 miles of the supervising physician.  The mileage limit
on physician assistants practicing in federally designated
health professional shortage areas will be 50 miles.

No physician may serve as the supervising physician for more
than 3 full-time physician assistants.  This provision does not
apply to physician assistant agreements with hospitals.

Physician assistants are required to practice at least one month
under the direct supervision of a physician before being allowed
to practice indirectly of the supervising physician.

The substitute requires physicians to be present at least 20% of
the clinic hours in any clinic utilizing physician assistants.

Physician assistants while acting within their scope of practice
cannot counsel or refer patients for abortion services.

REAL ESTATE BROKERS

The substitute prohibits any person from receiving a fee for the
referral of real estate unless the person is licensed as a
broker or salesperson or is regularly engaged in the real estate
business in another state or foreign country.

The substitute also requires that reasonable cause be
established before any commission is paid by a licensee.
Reasonable cause does not exist unless the party seeking
compensation actually introduces the business to the licensee
before a relationship is established between the licensee and
the principal to the transaction.  Even though reasonable cause
exists, it will not guarantee the interested party a legal right
to receive compensation.

Nothing shall prohibit any person from joining any organization
in which one of the benefits of membership may be that the
organization can negotiate for a reduced rate or price for real
estate costs.  Any rebates from a commission must be paid
directly from the licensee and must be paid at closing.

TERMITE INSPECTIONS

Any inspections conducted for evidence of termites must be
reported on the wood destroying insect inspection form approved
by the United States Department of Housing and Urban
Development.  All inspections must be performed by persons
certified by the Department of Agriculture.

ADMINISTRATIVE HEARING COMMISSION

The substitute requires that licensees regulated by the Division
of Professional Registration be notified by the Administrative
Hearing Commission prior to any interviewing or questioning
regarding infractions or violations of licensing laws which
could cause the licensee's license to be suspended or revoked,
that the state of Missouri will be represented by an attorney,
and that the licensee has the right to be represented in the
proceedings by an attorney.

TANNING FACILITIES

Operators of tanning facilities are prohibited from referring
any person for abortion services.

FEMALE GENITAL MUTILATION

The substitute makes it a class B felony to excise or
infibulate, in whole or in part, the genital organs of a female
less than 17 years old or to permit these procedures to be
done.  Neither the belief that such conduct is required as a
matter of custom, ritual, or standard practice, nor the consent
of the child or the child's parents is an affirmative defense.
The substitute does make such procedures permissible if
necessary to preserve the health of the child or for medical
purposes associated with labor or birth.

MENTAL HEALTH

Any licensed mental health care provider wishing to perform
repressed memory therapy must first obtain written informed
consent.

FISCAL NOTE:  Cost to General Revenue Fund of less than $100,000
in FY 2001, FY 2002, and FY 2003.  Income to Chiropractic
Examiners Fund of $7,500 in FY 2001, $7,750 in FY 2002, and
$8,000 in FY 2003.  Cost to Dental Board Fund of $5,953 in FY
2001, $13,439 in FY 2002, and $13,736 in FY 2003.  Income to
Endowed Care Cemetery Audit Fund of $375 in FY 2001, $575 in FY
2002, and $56,075 in FY 2003.


COMMITTEE

HCS HB 1242 -- PROFESSIONAL REGISTRATION

SPONSOR:  Treadway

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Professional Registration and Licensing by a vote of 12 to 1.

This substitute contains provisions relating to professions
regulated by the Division of Professional Registration.

DIETITIANS

The substitute expands the authority of the Committee of
Dietitians regarding the issuance and renewal of licenses.  The
committee may refuse to issue or renew for the following
causes:  pleading guilty in a criminal prosecution,
incompetence, misconduct, gross negligence, fraud, violation of
rules and regulations promulgated by the committee, use of
misleading advertisements, obtaining fees through fraud or
deception, use or unlawful possession of controlled substances,
and alcohol abuse to the extent it impairs the person's ability
to perform the work of his or her profession.  Members of the
committee cannot be held personally liable for acts committed
during the performance of their official duties.

The substitute allows the Administrative Hearing Commission to
place licensed dietitians on probation for a period of up to 5
years or to suspend licenses for up to 3 years.  A licensee who
has had a license revoked may apply for relicensure one year
after the date of revocation.  Relicensure will be at the
discretion of the committee.

After July 1, 2000, any person who uses the title of licensed
dietitian without being duly licensed will be guilty of a class
A misdemeanor.

BRANDING AND BODY PIERCING

The substitute gives the Director of Professional Registration
the authority to promulgate rules and regulations regarding
hygienic practices and sanitary operations for branding and body
piercing.

The substitute also gives the division authority to restrain
persons from practicing this profession if they are not licensed
or if they pose a danger to the health, safety, and welfare of
the public.

CHIROPRACTIC

The substitute gives the State Board of Chiropractic Examiners
authority to issue temporary licenses to qualified individuals.

The substitute also allows the board to approve postgraduate
study necessary to renew licenses.

PHYSICIAN ASSISTANTS

The substitute expands the definition of supervision of
physician assistants to allow supervising physicians to be
available via telecommunications for consultation, assistance,
or intervention.

The substitute also requires physician assistants to practice
within 30 miles of the supervising physician.  The mileage limit
on physician assistants practicing in federally designated
health professional shortage areas will be 50 miles.

REAL ESTATE BROKERS

The substitute prohibits any person from receiving a fee for the
referral of real estate unless the person is licensed as a
broker or salesperson or is regularly engaged in the real estate
business in another state or foreign country.

The substitute also requires that reasonable cause be
established before any commission is paid by a licensee.
Reasonable cause does not exist unless the party seeking
compensation actually introduces the business to the licensee
before a relationship is established between the licensee and
the principal to the transaction.  Even though reasonable cause
exists, it will not guarantee the interested party a legal right
to receive compensation.

TERMITE INSPECTIONS

Any inspections conducted for evidence of termites must be
reported on the wood destroying insect inspection form approved
by the United States Department of Housing and Urban
Development.  All inspections must be performed by persons
certified by the Department of Agriculture.

ADMINISTRATIVE HEARING COMMISSION

The substitute requires that licensees be notified by the
Administrative Hearing Commission at least 7 days prior to any
interviewing or questioning regarding infractions or violations
of licensing laws which could cause the licensee's license to be
suspended or revoked.

FISCAL NOTE:  Estimated Net Income to Chiropractor Examiners
Fund of $7,500 in FY 2001, $7,750 in FY 2002, and $8,000 in FY
2003.

PROPONENTS:  Supporters say that licensees have rights and need
to know that at a hearing before the Administrative Hearing
Commission the state is going to be represented by an attorney.

This bill gives licensees an opportunity to prepare for a
hearing and not just walk in and be blind-sided by a state
attorney.

Testifying for the bill were Representative Treadway; and
Missouri Association of Realtors.

OPPONENTS:  There was no opposition voiced to the committee.

Bob Dominique, Legislative Analyst


INTRODUCED

HB 1242 -- Administrative Hearing Commission

Sponsor:  Treadway

This bill prohibits the filing of a complaint with the
Administrative Hearing Commission which contains allegations
relating to actions of a licensee which occurred more than 7
years prior to the date on which the complaint was received by
the regulatory agency, unless the allegations caused a licensee
to be found guilty or plead no contest in a criminal prosecution.

The bill also requires all complaints to be reviewed by an
independent panel from the profession at issue before a
complaint can be submitted to the Administrative Hearing
Commission.


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