HCS HB 1700 -- PROFESSIONAL REGISTRATION (Wasson)

COMMITTEE OF ORIGIN:  Special Committee on Professional
Registration and Licensing

This substitute changes the laws regarding the licensure or
registration of certain professionals in the Division of
Professional Registration within the Department of Insurance,
Financial Institutions, and Professional Registration and the
Missouri Public Service Commission.

CERTIFIED PUBLIC ACCOUNTANTS

Certified public accountants who live out of state may qualify
for a Missouri license if the state in which they hold their
license has equivalent qualifications.  Applicants must have an
unrestricted license in their state and can only practice with a
firm holding a valid state permit to practice certified public
accountancy.

Permit requirements for certified public accounting firms are
also expanded.

PHYSICAL THERAPISTS AND PHYSICAL THERAPY ASSISTANTS

The substitute:

(1)  Specifies the services which may be provided by a physical
therapist without a prescription or the direction of an approved
health care provider;

(2)  Creates an inactive license for physical therapists and
physical therapy assistants, establishes certain criteria to be
followed when applying for an inactive status and for
reinstatement of an active status, and adds additional
restrictions on the issuance of temporary licenses;

(3)  Removes the provision which allows applicants to take the
licensing examination only three times;

(4)  Allows physical therapists and physical therapy assistants
licensed in other states to provide gratuitous services for a
period not to exceed 14 days in any one calendar year;

(5)  Authorizes the State Board of Registration for the Healing
Arts to destroy all documentation regarding meritless actions
brought by individuals incarcerated under the Department of
Corrections against licensees three months after the final
disposition of the case;

(6)  Authorizes the board to issue probationary licenses as an
alternative to a refusal to issue, suspend, or revoke a license;

(7)  Authorizes the board to file complaints with the
Administrative Hearing Commission;

(8)  Requires the board to publish at least quarterly a list of
persons whose licenses have been revoked, suspended, surrendered,
restricted, denied, or withheld except those who voluntarily
enter treatment programs;

(9)  Authorizes the board to suspend or restrict licenses of
those who it considers to be a clear and present danger to the
public;

(10)  Specifies that physical therapists retain ultimate
authority and responsibility of any physical therapy treatment
being provided by the physical therapy assistant under their
supervision; and

(11)  Requires all physical therapist assistant applicants to
pass a test administered by the board on the laws and rules
relating to the practice of physical therapist assistants.

CHRISTIAN SCIENCE NURSES

The substitute allows Christian Science nurses to provide
religious, nonmedical services to any person who chooses to rely
upon healing by spiritual means alone.  The provision which
specifies that only individuals listed in the Christian Science
Journal as Christian Science nurses may use the title Christian
Science nurse is repealed.

BOARD OF PHARMACY

The position of Executive Director and Inspector within the State
Board of Pharmacy must have at least three years of pharmacy
experience.  The substitute requires that professional positions
within the board be compensated at the composite average for the
corresponding positions within adjoining states and requires the
board to annually conduct an equitable salary survey in order to
determine the need for salary adjustments.

REAL ESTATE TRANSACTIONS

Currently, certain persons, partnerships, associations, or
corporations acting as owners, lessors, or lessees are allowed to
perform activities of a real estate broker without a license if
they are not engaged in the real estate business.  The substitute
repeals the requirement that they are not engaged in the real
estate business.

Real estate brokers are allowed to affiliate with out-of-state
real estate brokers or salespersons for transactions involving
commercial real estate if those out-of-state licensees consent to
certain requirements specified in the substitute.

MANUFACTURED HOUSING

Currently, every manufactured housing manufacturer or dealer who
offers for sale four or more manufactured homes in any
consecutive 12-month period must register with the Missouri
Public Service Commission.  The substitute changes the
registration requirement to those who offer to sell four or more
used homes or one or more new manufactured homes or modular units
within that time period.  The Manufactured Housing Consumer
Recovery Fund is created to pay, subject to appropriations,
claims filed by aggrieved consumers who have exhausted all other
legal remedies.  Manufactured home dealers are required to
provide purchasers with a bill of sale or purchase agreement
containing the serial number, if available, or the manufacturer
name and model number of the unit along with any waivers.  Every
manufactured home dealer must register and pay a $200
registration or renewal fee by January 15 of each year with a
permanent physical address and telephone number of the place
where the files and other records are located for inspection.

The commission may refuse to register an applicant or may suspend
or revoke a registration, which will apply to all registrations
held by the dealer, if there is a consistent pattern of abuse.
The commission, through its general counsel, may seek remedies in
a circuit court for violations.

LICENSING FEES

The substitute authorizes the Division of Professional
Registration to reduce license fees by emergency rule if the
projected fund balance of any agency assigned to the division is
reasonably expected to exceed an amount that would require
transfer from that fund to general revenue.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2009,
FY 2010, and FY 2011.  Estimated Cost on Other State Funds of
Unknown exceeding $116,553 in FY 2009, FY 2010, and FY 2011.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm