HCS HB 914 -- LICENSED PROFESSIONALS

SPONSOR:  Wasson

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Profession Registration and Licensing by a vote of 10 to 0.

This substitute changes the laws regarding the licensing of
certain professions in the Division of Professional Registration
within the Department of Insurance, Financial Institutions, and
Professional Registration and establishes vision screening
examinations for children in public schools.

VISION SCREENINGS

Beginning July 1, 2008, the substitute requires public school
students enrolling in kindergarten or first grade to receive a
vision examination from a state licensed optometrist or
physician.  The State Board of Education in conjunction with the
Department of Health and Senior Services will maintain a list of
sources to which children who may need vision exams or have been
found to be in need of further examination or vision correction
may be referred for free or reduced-cost treatment.

Beginning July 1, 2008, and continuing through the 2011-2012
school year, all public schools are required to conduct eye
screening exams for each student prior to the completion of the
first grade and again before the completion of the third grade.
When a student fails an eye screening, the school district must
notify the parent or guardian of the results and require the
student to receive a complete eye exam from an optometrist or
physician.  A student will be excused from the eye screening
examination if his or her parent or guardian submits an objection
to the exam in writing to the appropriate school administrator.

The Children's Vision Commission is established to develop
standardized screening tests, reporting forms, appropriate
training programs, and a brochure specifying the benefits of
ongoing eye care for children and to conduct a four-year pilot
project tracking the results of eye screenings.  The commission
must submit a report to the General Assembly by October 1, 2012,
on the results and findings of the study.

MIXED MARTIAL ARTS

The substitute changes the laws regarding the regulation of mixed
martial arts, full-contact karate, boxing, kickboxing, and
wrestling.  The substitute:

(1)  Defines "amateur," "boxing," "mixed martial arts,"
"full-contact karate," "kickboxing," and "wrestling";

(2)  Redefines "combative fighting";

(3)  Revises the definition of "bout" to include professional
mixed martial arts;

(4)  Authorizes the Division of Professional Registration to
establish rules governing amateur sanctioning bodies;

(5)  Allows a gross receipts tax to be assessed on pay-per-view
telecasts of these events;

(6)  Limits the number of rounds and the time of each round for
professional events;

(7)  Increases the length of the medical suspension for
contestants who lose consciousness during a professional event
from 120 to 180 days;

(8)  Expands the disciplinary authority of the Office of
Athletics within the division; and

(9)  Requires contestants participating in boxing, kickboxing,
wrestling, full-contact karate, or mixed martial arts to sign a
bout contract with the event promoter before each contest which
specifies their weight, how much they are being paid, and the
date and location of the event.

PRIVATE INVESTIGATORS

The substitute establishes the Board of Private Investigator
Examiners within the Division of Professional Registration.  No
person can provide private investigative services without first
being licensed.  The substitute specifies the membership and
duties of the board; exemptions from licensure; requirements for
application and licensure; proof of liability insurance; training
and written examinations; fees; background checks on applicants;
the appeal process for the denial, suspension, or revocation of
licenses; types and terms of licenses; and the procedure for
applicants seeking reciprocity.  Licensees are allowed to
disclose to the board, any law enforcement agency, a prosecutor,
or the licensee's own representative any information regarding a
criminal offense or to instruct their clients to do so if they
are victims of a criminal act.  Licensees are prohibited from
making false reports, presenting themselves as a state or federal
officer, or manufacturing false evidence.  Certain identifying
evidence must be filed with the board by licensees.  Private
investigators or investigator agencies are required to maintain
complete records of business transactions.  Records may be
confidentially examined by the board under certain circumstances.

ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND LANDSCAPE ARCHITECTS

The substitute authorizes the Missouri Board for Architects,
Professional Engineers, Professional Land Surveyors, and
Landscape Architects to impose civil penalties upon any person
practicing these professions without a valid license, subject to
an administrative action by the board.

Complaints must be filed with the Administrative Hearing
Commission.  If the commission finds that an unlicensed person
has violated the provisions of the substitute, the board may
issue a civil penalty not to exceed $5,000 for each day of
violation, with a maximum penalty of $25,000.  The person being
fined has the right to appeal to a circuit court.  Once the case
is finalized, the Attorney General will commence an action to
recover the penalty, including court costs, attorney fees, and
surcharges.

The board is also authorized to assess reasonable costs and
expenses incurred in conducting the investigation and
administrative hearing and impose a civil penalty against a
licensee after the commission has found a cause for discipline.

The substitute also allows unlicensed persons to use a form of
the word "engineer" without being subject to disciplinary action
if the use of the term is reflective of their profession and does
not imply that they are a professional engineer.

NURSING

The substitute changes the laws regarding the licensing of
nurses.  The substitute:

(1)  Establishes a lapsed and a retired license status;

(2)  Requires the notice of a disciplinary hearing before the
State Board of Nursing to be served by certified mail.  If this
cannot be accomplished, the board may publish the notice in a
local newspaper;

(3)  Allows the board to ask for an expedited hearing before the
Administrative Hearing Commission if the board determines that a
nurse has committed an act which is a clear and present danger to
the public.  Fifteen days after the complaint and after a
preliminary hearing, the board may immediately restrict or
suspend the license.  Temporary authority to suspend a license
becomes final if the nurse does not request a full hearing within
30 days;

(4)  Allows for the sealing of records if the board, commission,
or a court of competent jurisdiction determines that a complaint
does not constitute a violation of the Nursing Practice Act and
is unsubstantiated;

(5)  Allows a person holding the title of advanced practice
registered nurse to use the title or any other title appearing on
his or her license;

(6)  Makes it unlawful for any unlicensed person to use the title
of nurse;

(7)  Specifies that reports made to the board do not violate the
federal Health Insurance Portability and Accountability Act
because the board qualifies as a health oversight agency; and

(8)  Defines "temporary nursing staffing agency" as any person,
firm, partnership, or corporation doing business within the state
that supplies, on a temporary basis, registered nurses or
licensed practical nurses to a hospital, nursing home, or other
facility.

OPTOMETRY

The substitute changes the laws regarding the licensing and
practice of optometry.  The substitute:

(1)  Specifies that the term "practice of optometry" is the
examination, diagnosis, treatment, and preventative care of the
eye, adnexa, and vision;

(2)  Prohibits any person from practicing optometry without a
license;

(3)  Specifies who is qualified to receive a license;

(4)  Requires optometrists practicing away from their principal
place of business to obtain a duplicate license and display it in
clear public view;

(5)  Allows optometrists licensed in other states who have been
practicing for the last three years with a pharmaceutical
certification to be eligible to make application for licensure;

(6)  Removes the requirement that the State Board of Optometry
give 30 days' notice of the time and place of board meetings;

(7)  Requires the board to accept renewal applications which
include approved continuing education programs which are not
available in Missouri; and

(8)  Changes the laws regarding the administering of
pharmaceuticals, course of instruction necessary to administer
pharmaceuticals, standards of care, and referrals to physicians.

REAL ESTATE COMMISSION

The substitute authorizes the Missouri Real Estate Commission to
impose civil penalties upon a licensee as a form of sanction for
a violation of the real estate licensing regulations and also
against an unlicensed person performing any acts for which a
valid real estate license is required.  Complaints must be filed
with the Administrative Hearing Commission; and if the commission
finds that a person has violated the provisions of the
substitute, the Missouri Real Estate Commission may issue a civil
penalty, not to exceed $2,500 for each day of violation.

AUDIOLOGY AND HEARING INSTRUMENT FITTERS

The substitute expands the practice of audiology by adding the
fitting, programming, and dispensing of assistive listening
devices.  Licensees who sell these devices are required to
provide a purchase agreement to the buyer containing product
information including the terms of sale, name of manufacturer,
make, model, and current condition of the product.

The substitute also phases in educational requirements for
applicants for instrument specialist licenses or
specialist-in-training permits.

PEER REVIEW COMMITTEES

The substitute authorizes licensed ambulance services, emergency
medical response agencies, and not-for-profit organizations which
contract for ambulance services to establish peer review
committees.

The provisions of the substitute regarding children's eye
screenings will expire on June 30, 2012.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of $3,287 in
FY 2008, Greater than $610,169 in FY 2009, and Greater than
$300,410 in FY 2010.  Estimated Effect on Other State Funds of a
cost of $63,539 in FY 2008, an income of $113,201 to $212,201 in
FY 2009, and a cost of $73,743 to $172,743 in FY 2010.

PROPONENTS:  Supporters say that professional ultimate fighting
is illegal in Missouri, but amateur ultimate fighting is legal.
Professional promoters are developing their own sanctioning
bodies and are putting on amateur events throughout the state.
Currently, the state has no statutory authority to approve these
sanctioning bodies; therefore, these events occur with no
nationally recognized sanctioning bodies.  By allowing the state
to regulate ultimate fighting, it will bring safety and
accountability to the sport.

Testifying for the bill were Representative Dougherty; and
Missouri Office of Athletics, Department of Insurance, Financial
Institutions, and Professional Registration.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:20 am