HCS HB 1689 -- PROFESSIONAL REGISTRATION (Treadway)

This substitute contains provisions regarding certain professions
within the Division of Professional Registration.

RECIPROCITY AND INACTIVE LICENSES

The minimum age requirement is removed for persons seeking
licenses as geologists, massage therapists, barbers,
cosmetologists, chiropractors, dentists, optometrists, real
estate agents, veterinarians, and hearing aid dealers and fitters
in this state who currently hold a professional license in
another state with substantially equivalent licensing
requirements.

The substitute further adopts criteria for inactive licenses for
those professions listed within the Division of Professional
Registration.  Licensees granted inactive status may return to
active status by meeting all requirements established by each
board.  Persons holding temporary licenses may place their
license on inactive status until they are able to complete the
necessary requirements for licensure.

Persons with lapsed licenses for the professions listed will be
allowed to renew their licenses within a five-year period by
meeting all requirements established by the individual boards,
excluding the licensing examinations.

GEOLOGISTS

Professional engineers are exempted from licensure when they have
15 hours of geologic course work, a master's degree in
geotechnical engineering, and work for a firm authorized by the
state that offers geotechnical or environmental engineering
services.

PRIVATE INVESTIGATORS

The State Board of Licensed Private Investigators Examiners is
created within the Division of Professional Registration.  No
person will provide private investigative services without first
being licensed.

Provisions include the makeup and duties of the board; creation
of a fund; exemptions from licensure; requirements for
application and licensure; providing proof of liability
insurance; training and written examinations; fees; conducting
background checks on applicants; denial, suspension, or
revocation of licenses; types and terms of licenses; and
reciprocity.

Licensees may disclose to the board, any law enforcement agency,
prosecutor, or the licensee's own representative any information
regarding a criminal offense or to instruct their client to do so
if they are a victim 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 and investigator agencies are required to
maintain complete records of business transactions.  Records may
be confidentially examined by the authority of the board under
certain circumstances.

Private investigators will be permitted to carry concealed
firearms when meeting certain guidelines established by the
substitute.

ACCOUNTANTS

The State Board of Accountancy, at its discretion, may prescribe
by rule the terms and conditions for license re-examination and
re-examination fees.

The substitute further allows for the temporary practice of
accountancy.  Temporary practice is a continuation or extension
of services for a client which began outside of this state and
extends into this state through common ownership, existence of a
subsidiary, assets, or other operations located within this
state.

Any licensee initially licensed after August 28, 2001, who is
responsible for supervising attest services or signs or
authorizes someone to sign the licensee's report on an accounting
firm's financial statement, must meet competency standards
established by the board.

Licensees responsible for supervising review services or who sign
or authorize someone to sign review reports must meet competency
requirements established by the board.  No licensee may prepare
an amended tax return or claim for a tax refund for a contingent
fee for any client unless permitted by board rule.

ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND LANDSCAPE ARCHITECTS

The Missouri Board for Architects, Professional Engineers,
Professional Land Surveyors, and Landscape Architects is changed
to the Missouri Board for Architects, Engineers, Land Surveyors,
and Landscape Architects.

DENTISTRY

The State Dental Board is authorized to investigate alleged
violations of not-for-profit corporations licensed to practice
dentistry in this state.  All not-for-profit corporations are
required to be organized under 26 U.S.C. Section 501(c)(3) before
providing dental services.  In order for a not-for-profit
corporation to provide dental services in this state, 90% of
their dental services must go to Medicaid recipients or persons
whose income is 200% below the federal poverty level.  All dental
practitioners providing services for not-for-profit corporations
and not-for-profit corporations providing dental services must be
licensed by the board.  Not-for-profit corporations will be
subject to all laws, rules, and regulations pertaining to
discipline as any other licensee.  Not-for-profit corporations
are prohibited from directing or interfering with a licensed
dentist's professional judgment or competency to practice
dentistry.

The substitute allows the State Dental Board to establish
diversion agreements with dentists and dental hygienists in lieu
of disciplinary action.  In a diversion agreement, a dentist or
dental hygienist would be referred to the Dental Well-Being
Committee.

The board is further authorized to administer oaths, issue and
enforce subpoenas, and require the production of documents and
records in response to subpoenas.

All dentists and dental hygienists must provide the State Dental
Board with documented evidence confirming completion of the
prescribed continuing education requirements prior to license
renewal.

The substitute also contains provisions regarding the filing of
complaints against licensees by individuals and entities.

COLLABORATIVE PRACTICE AGREEMENTS

The State Board of Registration for the Healing Arts is given
authority to discipline physicians who are supervising nurse
practitioners without having entered into a collaborative
practice agreement.

PHYSICIAN ASSISTANTS

The definition of supervision of physician assistants is expanded
allowing supervising physicians to be available via
telecommunications for consultation, assistance, or intervention.

Physician assistants will be required 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.

The supervising physician must be present for practice
supervision and collaboration a minimum of 20% of the clinic's
hours when utilizing physician assistants.  No physician may
supervise more than three full-time physician assistants.
Physician assistants must have at least one month of practice
under the direct supervision of a physician before practicing in
a setting where the physician is not constantly present.

BOARD OF NURSING

The requirement that the Executive Director of the State Board of
Nursing be a registered nurse is removed.

REAL ESTATE DISCLOSURE

The substitute creates the definitions of "commercial real
estate" and "residential real estate" within the provisions
relating to limited and dual real estate agents and designated
real estate brokers and agents.  The substitute also modifies
agency disclosure requirements in commercial real estate
transactions.

FISCAL NOTE:  Estimated Net Income to Board of Geologist
Registration Fund of Unknown in FY 2003, FY 2004, and FY 2005.
Estimated Net Income to Dental Fund of $0 in FY 2003, $10,000 in
FY 2004, and $1,250 in FY 2005.  Estimated Net Effect to Private
Investigator Examiners Fund of $0 in FY 2003, an Income of
$100,233 in FY 2004, and a Cost of $87,417 in FY 2005.  Estimated
Net Effect to Professional Registration Fees Fund of a Cost of
$10,703 in FY 2003, an Income of $10,703 in FY 2004, and $0 in FY
2005.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:02 am