CCS SS SCS HCS HB 567 -- PROFESSIONAL REGISTRATION; DEPARTMENT
OF HEALTH

This bill contains provisions relating to the Division of
Professional Registration and the Department of Health.

ELECTRONIC STORAGE OF RECORDS

The bill expands the method for electronic storage of business
and public records to include computer-generated electronic or
digital retrieval systems.

DENTAL SERVICES

Physicians are allowed to administer the appropriate fluoride
treatment to children when they receive their immunizations.

HEALTH AND WELFARE

The bill requires the Director of the Department of Health to
include dentists in the development and implementation of a plan
to provide a system of coordinated health care services
accessible to all persons in rural and urban areas of Missouri,
particularly areas designated as health resource shortage areas.

The Medical School Loan Repayment Program is renamed as the
Health Professional Student Loan Repayment Program and is
expanded to include chiropractors and dentists.  The criteria
for areas of defined need are revised.  Patient ratios, poverty
and age percentages, and distance requirements to hospitals are
removed and replaced with designation as a shortage area by the
U.S. Department of Health and Human Services or a determination
of extraordinary need by the Director of the Department of
Health.  The maximum amount of repayment assistance is revised
from its current level of $20,000 per year of obligated service
to an amount not exceeding the maximum allowed under the
National Health Service Corps Repayment Program.  For students
who breach their service obligation contracts, the penalty of
$500 per month of service not completed is deleted.  Students
will be responsible for damages incurred by the Department of
Health resulting from the breach and legal fees and costs
incurred in the collection of damages.

DEFIBRILLATOR ADVISORY COMMITTEE

The Automated External Defibrillator Advisory Committee is
established within the Department of Health, with the duty to
counsel the Department of Health, the Office of Administration,
and the General Assembly on the advisability of placing
automated external defibrillators in state buildings.

The committee will be dissolved June 1, 2003.

CHILD HYGIENE

The Bureau of Child Hygiene is required to provide literature on
the importance of routine dental care for children.

HEARING IMPAIRED

Hearing instrument specialists are allowed to certify a person
as being hearing impaired for telecommunication subscription
purposes.

ENDOWED CARE CEMETERIES

The bill allows the conveyance of cemetery property, other than
ground in which human remains have been buried, back to a
county, city, town, or village after 75 years if the grave site
or property is unused or unclaimed.  The political subdivision
must give proper notice of proceedings to transfer ownership.
The bill also contains provisions regarding certificates of
authority for the operation of endowed care cemeteries,
including 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.

OCCUPATIONAL THERAPISTS AND DIETITIANS

The Missouri Board for Occupational Therapy and the State
Committee of Dietitians is allowed to refuse to issue or renew
certificates of registration and to file complaints with the
Administrative Hearing Commission against licensees for the
following reasons:  use or possession of controlled substances
or alcohol abuse; being found guilty in a criminal prosecution
for any offense related to the qualifications, functions, and
duties of their profession; the use of fraud or deception in
securing a certificate to practice or obtaining permission to
sit for a licensure exam; obtaining or attempting to obtain
compensation through fraud; incompetency, misconduct,
misrepresentation, or gross negligence; violations of rules
adopted by the board; and unethical conduct.  Terms of
suspension, revocation, and renewal are provided in the bill.

BODY PIERCING

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

TERMITE INSPECTORS

Persons performing termite inspections for real estate
transactions are required to be licensed with the Department of
Agriculture.

ACCOUNTANTS

The bill contains provisions relating to the Missouri State
Board of Accountancy.  The bill specifies the makeup, powers,
and duties of the board; establishes minimum education
requirements for applicants; requires the use of a uniform
examination for licensing purposes; creates a one-tier licensing
structure, requiring applicants for licensure to provide proof
of practical experience; establishes certain age and residential
requirements; requires the board to design conditions for
reexamination; sets continuing education requirements; creates
an inactive status for licensees; allows the board to set fees;
exempts from licensure persons certified prior to September 28,
1997; establishes reciprocity guidelines; sets conditions for
renewal, suspension, revocation, or denial of individual
licenses or accounting firm permits; prohibits persons or
entities from holding themselves out as being certified public
accountants (CPAs) or CPA firms without being duly licensed; and
creates causes in which complaints may be filed against persons
or firms with the Administrative Hearing Commission and provides
for remedies for aggrieved parties.

LANDSCAPE ARCHITECTS

The bill provides for the licensing of landscape architects with
the Division of Professional Registration.  Currently, landscape
architects are registered with the division.  Individuals who
meet the criteria established by the bill are eligible to apply
for licensure.

The Landscape Architectural Council is dissolved and the
Missouri Board for Architects, Professional Engineers,
Professional Land Surveyors, and Landscape Architects is
established.  The membership of the board is increased from 11
to 14, with 3 of the members required to be landscape
architects.  The chairman of the landscape architecture division
of the board will have one vote when voting on actions before
the board.  If a vacancy occurs within the landscape
architecture division of the board, the president of the
Missouri Association of Landscape Architects will submit a list
of 5 landscape architects to fill the position.

Persons are prohibited from holding themselves out as landscape
architects without being duly licensed.  Persons working in the
landscape, nursery, or gardening industry are not prohibited
from engaging in their occupations as long as the project scope
does not jeopardize public health.  The bill waives the
licensure requirement for those individuals currently registered
with the division on or before August 28, 2002.

ARCHITECTS

Prior to January 1, 2012, any person who has a total of 12 years
of education beyond the high school level and satisfactory
architectural experience may apply to the board for licensure as
an architect.  Beginning January 1, 2012, all applicants will be
required to hold a degree from an accredited school of
architecture.  Beginning January 1, 2002, each applicant for a
license in architecture will be required to complete an intern
program as provided by the National Council of Architectural
Registration Boards.

LAND SURVEYORS

Persons may apply for licensure as land surveyors if they have
been enrolled as a land surveyor in training and have acquired
at least 4 years of satisfactory professional field and office
training under the direct supervision of a professional land
surveyor.  Prior to acceptance for enrollment in the land
surveyor in training program, individuals must provide evidence
that they have completed a certain amount of college credit
hours in land surveying.

COSMETOLOGY

The bill allows the Board of Cosmetology to utilize persons who
are not licensed cosmetologists as inspectors.  Licensed
cosmetology schools may base their course of study on credit
hours determined by the formula established within the Code of
Federal Regulations.  Persons who have been licensed
cosmetologists for at least 3 years are allowed to take the
cosmetology instructor's exam.  At least 2 members of the State
Board of Cosmetology must be owners of licensed cosmetology
schools.

CHIROPRACTIC

The State Board of Chiropractic Examiners is given authority to
issue temporary licenses to qualified individuals.  The bill
changes the term of service on the board from 5 to 4 years and
allows members to serve until their replacement has been
appointed and qualified.

DENTAL AWARENESS, DENTISTS AND DENTAL HYGIENISTS, AND DENTAL
SERVICES

Under current law, dentists and dental hygienists who are
licensed in another state can practice in Missouri without an
examination or payment of required fees for a period not
exceeding 14 days when providing gratuitous dental or dental
hygienist services at a summer camp.  The bill deletes the
requirement that the services be provided for summer camp.

The bill establishes a 5-member Advisory Commission for Dental
Hygienists.  The duties of the commission include recommending
educational requirements for dental hygienist registration;
annually reviewing the practice act of dental hygienists;
providing recommendations to the Missouri Dental Board
concerning the practice, licensure, examination, and discipline
of dental hygienists; and assisting the board in implementing
the dental hygienist provisions of Chapter 332, RSMo.

Members of the commission will be appointed by the Governor and
approved with the advice and consent of the Senate.  The
requirements, composition, lengths of service, selection of
commission members, and times of commission meetings are stated
in the bill.  Members of the initial commission are required to
be appointed by April 1, 2002.

Registered and currently licensed dental hygienists who have
been practicing for at least 3 years and who practice in a
public health setting can without the supervision of a licensed
dentist provide fluoride treatments, teeth cleaning, and
sealants, if appropriate, to children who are eligible for
medical assistance under Chapter 208.

The bill allows the Department of Health to contract with the
Missouri Dental Board to establish a Donated Dental Services
Program in conjunction with the provisions of Section 332.323.

Licensed volunteer dentists will provide comprehensive dental
care for the disabled, elderly, and medically compromised
persons.  Dental care can be provided to these persons in a
licensed volunteer dentist's office.  Eligible persons are
required to pay for dental laboratory costs.

The department may contract with the Missouri Dental Board, its
designee, or other qualified organizations to administer the
program.  The bill also contains provisions specifying the
contractual responsibilities of the organization administering
the program.

Nonprofit organizations are allowed to employ dentists and
dental hygienists to provide dental services for Medicaid
recipients and low-income persons.

RESPIRATORY CARE

The bill repeals the 18-month temporary permit for respiratory
care practitioners and replaces it with a 6-month educational
permit which may be obtained during the course of study or a
6-month temporary permit which may be obtained after graduation.
A conditional license is created.  The conditional license can
be issued only to individuals who show that they meet all
requirements for full licensure.  Conditional licenses may be in
effect only for as long as it takes to determine the applicant's
qualifications.

CLINICAL SOCIAL WORKERS

The bill increases the amount of funds that must accumulate in
the Clinical Social Workers Fund before transferral to the
General Revenue Fund is required when the Committee on Social
Workers requires renewal of licenses less frequently than
annually.

PHARMACY

The bill revises laws pertaining to the practice of pharmacy.
The requirement that temporary license holders practice in
locations approved by the State Board of Pharmacy under the
supervision of a licensed pharmacist is removed.  The board is
allowed to file complaints with the Administrative Hearing
Commission against licensees for personal use or consumption of
any unprescribed controlled substance.  The term "pharmacy" is
defined as any location where the practice of pharmacy occurs or
these activities are offered or provided by a pharmacist.  All
activities relating to prescriptions or drug orders are required
to occur at a pharmacy.  This requirement does not bar the
transfer of a prescription or drug order if done so by a patient
or the patient's authorized agent.  A new classification of
license is created to be known as Class J: Shared Services.

SPEECH PATHOLOGISTS AND AUDIOLOGISTS

Nonresident applicants are allowed to pay a standard fee instead
of a fee equal to what a Missouri resident would have to pay in
that nonresident's state.

BOARD PER DIEM

The bill increases the per diem amount for members of the
following boards and commissions:  the Board of Geologist
Registration; the Advisory Commission for Clinical
Perfusionists; the Board of Therapeutic Massage; the Advisory
Commission for Physical Therapists; the Athletic Trainers
Advisory Committee; the Advisory Commission for Physician
Assistants; the State Committee for Social Workers; and the
Advisory Commission for Speech-Language Pathologists and
Audiologists.

DIVISION OF PROFESSIONAL REGISTRATION

The bill requires the Governor to appoint the Director of the
Division of Professional Registration and clarifies that
deliberations regarding discipline procedures for the boards and
commissions within the division must be conducted in closed
session.

CONTROLLED SUBSTANCES

The bill places the burden of proof on an applicant or licensee
when testing positive for a controlled substance that the
controlled substance was not unlawfully possessed.

The bill contains an emergency clause pertaining to the
following:  fluoride treatments and immunizations; dental
awareness for children; gratuitous dental services and dental
hygienist services; dental hygienist services without the
supervision of a licensed dentist; the Donated Dental Services
Program; and funding for federally qualified health centers.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:44 am