SB415 - Modifies provisions relating to professional licensing
SB 0415 Modifies provisions relating to professional licensing
Sponsor:Yeckel
LR Number:1238S.04C Fiscal Note:1238-04
Committee:Financial and Governmental Organization, Veterans' Affairs & Elections
Last Action:05/16/03 - S Inf Calendar S Bills for Perfection Journal page:
Title:SCS SBs 415, 88, 200, 223, 413, 523, 589, 626
Effective Date:Varies
Full Bill Text | All Actions | Available Summaries | Senate Home Page | List of 2003 Senate Bills
Current Bill Summary

SCS/SBs 415, 88, 200, 223, 413, 523, 589 and 626 - This act modifies provisions relating to professional licensing.

DIETICIANS - Definitions for "dietetics practice" and "registered dietitian" are created. The State Committee of Dietitians is placed within the division of professional registration. The Committee shall assist the division in carrying out the provisions of the Dieticians Practice Act and shall approve the licensing examination.

Any person holding themselves out as a dietitian or practices or offers to practice as a dietitian shall be guilty of a Class A misdemeanor. Certain persons are exempted from the licensure requirements of this act provided they do not hold themselves out as a dietitian.

Licensees are allowed to let their license lapse or be put on inactive status, provided the licensee does not practice during the time the license is lapsed or inactive. The act creates requirements for maintaining an inactive license and for reinstating a lapsed license. A person practicing with a lapsed or inactive license shall be guilty of a Class A misdemeanor.

PRIVATE INVESTIGATORS - This act creates the Board of Private Investigator Examiners within the Division of Professional Registration in the Department of Economic Development. The Board will consist of five members appointed by the Governor with the advice and consent of the Senate. Each member must be a U.S. citizen, Missouri resident, at least 30 years old, and actively engages as a private investigator for at least five years. The Board of Private Investigator Examiners Fund is also created.

The act makes it unlawful for persons to engage in the private investigator business unless licensed. Certain persons and organizations are exempted from licensure. The act sets forth educational, examination, training and other licensure requirements. Complete background checks will be conducted on all applicants. The act grandfathers current private investigators and a license will be issued to such persons who apply within 180 days if the applicant meets certain requirements.

Licensees may divulge to the Board, law enforcement officers, or a prosecuting attorney information acquired as to any criminal offense. Licensees are prohibited from: knowingly making a false report; causing a report to be submitted that the licensee has not exercised due diligence in ascertaining the facts; giving the impression that the licensee is connected with the federal or state government or any political subdivision; appearing as an assignee in any proceeding; manufacturing false evidence; or creating a video of any person in their home without that person's permission. Persons who knowingly falsify fingerprints or photographs required to be submitted is a Class D felony. Violation of other provisions is a Class A misdemeanor unless it is a second or subsequent violation in which case it is a Class D felony. Provisions for licensure of current law enforcement officers and limitations on their conduct are specified.

RECIPROCAL NURSE LICENSURE COMPACTS - This act creates two multistate nursing licensure compacts; one for registered nurses and one for advanced practice registered nurses. These compacts allow licensed registered nurses and advanced practice registered nurses to practice nursing in states which participate in one of the nurse licensure compacts. All states wishing to participate in the compacts must adopt articles of authorization listed in the act.

AUCTIONEERS - This act changes the procedures for the licensing of auctioneers. Current law provides for the licensing of auctioneers by counties. The act creates a State Board of Auctioneers within the Division of Professional Registration of the Department of Economic Development. The Board oversees the examination and licensing of persons engaged in the practice of auctioneering.

The act will not apply to certain persons listed in Section 343.392. The Board collects fees that will be deposited into the State Board of Auctioneers Fund for administrative purposes. The Board will annually collect a fee of fifty dollars from each applicant and licensee to fund a subaccount of the Board. The subaccount will be used to compensate individuals aggrieved by the actions of a licensee.

REAL ESTATE APPRAISERS - This act provides that the Real Estate Appraisers Commission may require that some or all of the real estate appraising experience of an applicant for licensure be obtained in this state.

Upon request by the Commission, certified and licensed real estate appraisers must make certain records available for inspection or copying at the expense of the appraiser. Currently, when litigation is contemplated, reports and records must be retained for three years after the trial date. This act requires the records and reports to be retained for two years after the final disposition.

SOCIAL WORKERS - This act defines the term "social worker" and prohibits any person from holding themselves out as being a social worker or using the title of social worker unless the person holds a current baccalaureate or clinical social worker license, or has received a baccalaureate or master's degree in social work from an accredited program, or has received a doctorate in social work. Beginning January 1, 2004, no entity, public or private, may use the title of social worker for volunteer or employment positions within contracts for services, documents, manuals, or reference material unless those persons being referred to have met all required educational requirements.

Violation of the this act shall be a Class B misdemeanor.

ARCHITECTS AND LANDSCAPE ARCHITECTS - This act includes landscape architects in statutes concerning the right to practice and the use of a personal seal. Currently, only architects, professional engineers and professional land surveyors are included in such sections.

This act creates an inactive license status for architects. An inactive licensee shall not practice as an architect in this state, but may continue to use the title "architect". In order to reinstate such license to active status, the licensee must meet certain competency requirements established by the board of architects, professional engineers, professional land surveyors and landscape architects.

PSYCHOLOGISTS - An inactive license status is created for psychologists. An inactive licensed psychologist shall not hold himself or herself out as being professionally engaged in the regular practice of psychology and shall not engage in the regular practice of psychology. Inactive licensees do not have to complete continuing education. An inactive licensee may reactivate the license by completing a committee-approved application, paying required fees, and submitting proof of current competency.

PHYSICAL THERAPISTS AND PHYSICAL THERAPIST ASSISTANTS - This act modifies provisions relating to the issuance of permanent, provisional and temporary licenses to physical therapists and physical therapist assistants. The Board of Healing Arts may waive the mandatory denial of a license to a physical therapist or physical therapist assistant applicant who fails the licensing examination three or more times if the applicant is licensed, has passed a licensing examination and has practiced in another state for two years without any disciplinary action, or has held an undisciplined provisional license for two years. If the applicant has obtained a higher professional degree since failing the exam three times, then such applicant is approved to sit for the exam an additional three times. The act deletes the requirement that the board shall preserve examination grades or scores for three years.

A provisional license classification is created for both physical therapists and physical therapist assistants. The Board may issue a provisional license to an applicant who has failed the licensing examination three or more times, achieved a passing score on a licensing examination, and otherwise meets all requirements for permanent licensure. The provisionally licensed physical therapist or physical therapist assistant must practice under the direction and supervision of a licensed physical therapist.

The issuance of a temporary license to a physical therapist or physical therapist assistant is limited to six months. A temporary license may be renewed for an additional six months following the first failure of a licensing examination. Such temporary license shall not be renewed after the second failure of a licensing examination. Upon the second failure, the applicant must complete a board-approved remediation program before taking the exam for a third time.

BOARD OF COUNSELORS AND THERAPISTS - This act regulates the licensure and registration of marital and family therapists and counselors.

The act creates the Board of Counselors and Therapists, which shall consist of nine members to be appointed by the Governor. The act abolishes the State Committee of Marital and Family Therapists and the Committee for Professional Counselors and merges their duties into the Board of Counselors and Therapists.

Communications made to licensed professional counselors and licensed marital and family therapists shall be considered privileged. The Board shall have the authority to issue subpoenas and require production of documents and records.

The act sets forth educational and examination requirements to be licensed as a marital and family therapist or a professional counselor. The Board may issue temporary permits for extenuating circumstances.

Anyone violating the provisions of Sections 337.400 to 337.430 and Sections 337.505 to 337.540 will be guilty of a Class B misdemeanor.

CHIROPRACTORS - This act modifies provisions relating to the licensing of chiropractors.

Chiropractors licensed in another state do not need to be licensed in this state if such chiropractor consults on a patient with a Missouri licensed chiropractor and the Missouri chiropractor retains ultimate control, or the out-of-state chiropractor provides testimony in any civil or criminal action pending in this state.

The act modifies reciprocal licensing of chiropractors to remove the requirement that the licensing authority of another state must grant reciprocal licensing to Missouri licensees. The board may require additional examination of reciprocal licensing applicants if the requirements for licensure in the other state are not equivalent at the time application is made for licensure in this state.

An inactive license status is created. The Board shall place qualified applicants on inactive status upon application. Inactive licensees may practice only on themselves and their families. Inactive licensees do not have to comply with continuing education requirements. Licensees wishing to reactivate their license within five years must meet all established requirements, excluding the licensing examination.

A patient records statute is created. The act defines what constitutes a complete patient record. Patient records must remain under the control of the chiropractor for a minimum of seven years from the date of last professional service. Any corrections or additions made after 48 hours must be clearly marked. Violation of this statute shall only be a secondary cause for discipline of the chiropractor's license. The Board shall not obtain a medical record without the issuance of a subpoena.

BARBERS - This act provides that barbers with licenses that have lapsed for more than two years but less than five years may reinstate their licenses by applying to the Board of Barber Examiners, paying appropriate fees and successfully passing the practicum portion of the state licensing examination.

This act is similar to SBs 88, 200, 223, 327, 413, 480, 523, 589 and 626 (2003), and SCS/SB 478 (2003) and HCS/HB 332 (2003).
JIM ERTLE