hb2006i-Introduced Bill Text

SECOND REGULAR SESSION

HOUSE BILL NO. 2006

91ST GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE LUETKENHAUS.

Read 1^st time February 20, 2002, and 1000 copies ordered printed.

TED WEDEL, Chief Clerk

AN ACT

To repeal sections 330.030, 332.141, 332.241, 334.031, 334.530, 334.710, 334.738, 334.870, and 335.046, RSMo, and to enact in lieu thereof thirteen new sections relating to health care providers defaulting on federal student loans.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 330.030, 332.141, 332.241, 334.031, 334.530, 334.710, 334.738, 334.870, and 335.046, RSMo, are repealed and thirteen new sections enacted in lieu thereof, to be known as sections 330.030, 330.055, 332.105, 332.141, 332.241, 334.031, 334.048, 334.530, 334.710, 334.738, 334.870, 335.046, and 335.048, to read as follows:

330.030. Any person desiring to practice podiatry in this state shall furnish the board with satisfactory proof, including a statement under oath or affirmation that all representations are true and correct to the best knowledge and belief of the person submitting and signing same, subject to the penalties of making a false affidavit or declaration, that he or she is twenty-one years of age or over, and of good moral character, and that he or she has received at least four years of high school training, or the equivalent thereof, and has received a diploma or certificate of graduation from an approved college of podiatry, recognized and approved by the board, having a minimum requirement of two years in an accredited college and four years in a recognized college of podiatry. In addition, each candidate for licensure as a podiatrist shall provide the board with a list of all student loans they are obligated to pay and all service-conditional scholarship agreements they are obligated to satisfy. Upon payment of the examination fee, and making satisfactory proof as aforesaid, the applicant shall be examined by the board, or a committee thereof, under such rules and regulations as said board may determine, and if found qualified, shall be licensed, upon payment of the license fee, to practice podiatry as registered; provided, that the board shall, under regulations established by the board, admit without examination legally qualified practitioners of podiatry who hold certificates to practice podiatry in any state or territory of the United States or the District of Columbia or any foreign country with equal educational requirements to the state of Missouri upon the applicant paying a fee equivalent to the license and examination fees required above.

330.055. 1. Any person licensed or applying for licensure pursuant to this chapter who is in default of any federal or state student loan or in default of any service-conditional scholarship agreement that obligates a podiatrist to practice in a certain field and location for a certain period of time may be disciplined by the board or have his or her application for licensure denied.

2. The division of professional registration, in cooperation with the board, shall provide the federal Department of Education and the state department of higher education a list of all applicants and licensees that are licensed by the board or who are applying for licensure by the board to determine if any applicant or licensee is in default on the repayment of a federal or state student loan.

3. The division of professional registration shall take all necessary actions, including entering into cooperative agreements with the federal Department of Education and the state department of higher education, and may promulgate and enforce rules to accomplish the goals of this section. No rule or portion of a rule promulgated pursuant to this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

332.105. 1. Any person licensed or applying for licensure pursuant to this chapter who is in default of any federal or state student loan or in default of any service-conditional scholarship agreement that obligates a dentist or dental hygienist to practice in a certain field and location for a certain period of time may be disciplined by the board or have his or her application for licensure denied.

332.141. Applications for dental examination and registration shall be in writing and on forms furnished to the applicant and shall contain the applicant's statements showing the applicant's education and such other pertinent information as the board may require. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration, and shall be accompanied by a dentist examination fee. In addition, each candidate for licensure shall provide the board with a list of all student loans they are obligated to pay and all service-conditional scholarship agreements they are obligated to satisfy.

332.241. Applications for examination and registration as a dental hygienist shall be in writing on forms furnished to the applicant which shall contain applicant's statements showing his or her education and such other pertinent information as the board may require. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration, and shall be accompanied by a dental hygienist examination fee. In addition, each candidate for licensure shall provide the board with a list of all student loans they are obligated to pay and all service-conditional scholarship agreements they are obligated to satisfy.

334.048. 1. Any person licensed or applying for licensure pursuant to this chapter who is in default of any federal or state student loan or in default of any service-conditional scholarship agreement that obligates a licensee or applicant to practice in a certain field and location for a certain period of time may be disciplined by the board or have his or her application for licensure denied.

334.031. 1. Candidates for licenses as physicians and surgeons shall furnish satisfactory evidence of their good moral character, and their preliminary qualifications, to wit: a certificate of graduation from an accredited high school or its equivalent, and satisfactory evidence of completion of preprofessional education consisting of a minimum of sixty semester hours of college credits in acceptable subjects leading towards the degree of bachelor of arts or bachelor of science from an accredited college or university. They shall also furnish satisfactory evidence of having attended throughout at least four terms of thirty-two weeks of actual instructions in each term and of having received a diploma from some reputable medical college or osteopathic college that enforces requirements of four terms of thirty-two weeks for actual instruction in each term, including, in addition to class work, such experience in operative and hospital work during the last two years of instruction as is required by the American Medical Association and the American Osteopathic Association before the college is approved and accredited as reputable. Any medical college approved and accredited as reputable by the American Medical Association or the Liaison Committee on Medical Education and any osteopathic college approved and accredited as reputable by the American Osteopathic Association is deemed to have complied with the requirements of this subsection. In addition, each candidate for licensure shall provide the board with a list of all student loans they are obligated to pay and all service-conditional scholarship agreements they are obligated to satisfy.

2. In determining the qualifications necessary for licensure as a qualified physician and surgeon, the board, by rule and regulation, may accept the certificate of the National Board of Medical Examiners of the United States, chartered pursuant to the laws of the District of Columbia, of the National Board of Examiners for Osteopathic Physicians and Surgeons chartered pursuant to the laws of the state of Indiana, or of the Licentiate of the Medical Counsel of Canada (LMCC) in lieu of and as equivalent to its own professional examination. Every applicant for a license on the basis of such certificate, upon making application showing necessary qualifications as provided in subsection 1 of this section, shall be required to pay the same fee required of applicants to take the examination before the board.

334.530. 1. A candidate for license to practice as a physical therapist shall be at least twenty-one years of age. A candidate shall furnish evidence of such person's good moral character and the person's educational qualifications by submitting satisfactory evidence of completion of a program of physical therapy education approved as reputable by the board. A candidate who presents satisfactory evidence of the person's graduation from a school of physical therapy approved as reputable by the American Medical Association or, if graduated before 1936, by the American Physical Therapy Association, or if graduated after 1988, the Commission on Accreditation for Physical Therapy Education or its successor, is deemed to have complied with the educational qualifications of this subsection. In addition, each candidate for licensure shall provide the board with a list of all student loans they are obligated to pay and all service-conditional scholarship agreements they are obligated to satisfy.

2. Persons desiring to practice as physical therapists in this state shall appear before the board at such time and place as the board may direct and be examined as to their fitness to engage in such practice. Applications for examination shall be in writing, on a form furnished by the board and shall include evidence satisfactory to the board that the applicant possesses the qualifications set forth in subsection 1 of this section. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing the statement, subject to the penalties of making a false affidavit or declaration. The board shall not issue a permanent license to practice as a physical therapist or allow any person to sit for the Missouri state board examination for physical therapists who has failed three or more times any physical therapist licensing examination administered in one or more states or territories of the United States or the District of Columbia.

3. The examination of qualified candidates for licenses to practice physical therapy shall include a written examination and shall embrace the subjects taught in reputable programs of physical therapy education, sufficiently strict to test the qualifications of the candidates as practitioners. The examination shall be given by the board at least once each year and shall be administered to all candidates, and the examination given at any particular time shall be the same for all candidates and the same subjects shall be included and the same questions shall be asked. Candidates shall be required to achieve a passing score, as determined by the board, on an examination before being issued a license.

4. The examination shall embrace, in relation to the human being, the subjects of anatomy, chemistry, kinesiology, pathology, physics, physiology, psychology, physical therapy theory and procedures as related to medicine, surgery and psychiatry, and such other subjects, including medical ethics, as the board deems useful to test the fitness of the candidate to practice physical therapy.

5. Examination grades or scores shall be preserved by the board subject to public inspection. Examination papers retained by the board shall be subject to public inspection for a period of three years, after which they may be destroyed.

334.710. 1. All applications for initial registration under sections 334.700 to 334.725 shall be submitted on forms prescribed by the board and shall be accompanied by an initial registration fee. All applications for renewal of registration issued under sections 334.700 to 334.725 shall be submitted on forms prescribed by the board and shall be accompanied by a renewal fee. In addition, each candidate for licensure shall provide the board with a list of all student loans they are obligated to pay and all service-conditional scholarship agreements they are obligated to satisfy.

2. All fees of any kind and character authorized to be charged by the board shall be paid to the director of revenue and shall be deposited by the state treasurer into the board for the healing arts fund, to be disbursed only in payment for expenses of maintaining the athletic trainer registration program and for the enforcement of the provisions of sections 334.700 to 334.725.

334.738. 1. Each person desiring a license pursuant to sections 334.735 to 334.749 shall make application to the department upon such forms and in such manner as may be prescribed by the department and shall pay the required application fee as set by the department. The application fee shall cover the cost of issuing the license and shall not be refundable. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing the same, subject to the penalties of making a false declaration or affidavit. Such application shall include proof of certification or registration by a certifying entity, date the certification or registration process was completed with the certifying entity, the name of the certifying entity, any identification numbers and any other information necessary for the department to verify the certification or registration. In addition, each candidate for licensure shall provide the board with a list of all student loans they are obligated to pay and all service-conditional scholarship agreements they are obligated to satisfy.

2. The department, upon approval of the application from an applicant, shall issue a license to such applicant.

3. A license is valid for two years from the date it is issued and may be renewed annually by filing an application for renewal with the department and paying the required renewal fee as set by the department. The department shall notify each licensee in writing of the expiration date of the person's license at least thirty days before that date, and shall issue a license to any registrant who returns a completed application form and pays a renewal fee before the person's license expires.

4. A new license to replace any license lost, destroyed, or mutilated may be issued to any applicant, subject to rules and regulations issued by the department upon the payment of a reasonable fee.

334.870. An applicant for a license to practice respiratory care may be issued a license which is valid until the expiration date as determined by the board after the following requirements have been met:

(1) The applicant submits to the board:

(a) A completed application for licensure;

(b) Written evidence of:

a. Credentials from the certifying entity; or

b. Current licensure or registration as a respiratory care practitioner in another state, the District of Columbia or territory of the United States which requires standards for licensure or registration determined by the board to be equivalent to, or exceed, the requirements for licensure under sections 334.800 to 334.930;

(d) A list of all student loans they are obligated to pay and all service-conditional scholarship agreements they are obligated to satisfy;

(2) The board requests and receives a complete background check and other information as may be deemed necessary to fulfill sections 334.800 to 334.910;

(3) An applicant who has completed the requirements of subdivision (1) of this section and has submitted the necessary information for the background check pursuant to subdivision (2) of this section may obtain a conditional license to practice as a respiratory care practitioner pending the outcome of the background check subject to the following restrictions:

(a) The conditional license shall only be issued if the applicant has made a prima facie showing that he or she meets all of the requirements for full licensure;

(b) The conditional license shall only be effective until the board has had an opportunity to investigate the applicant's qualifications for licensure pursuant to subdivisions (1) and (2) of this section and to notify the applicant that his or her application for licensure has been granted or denied;

(c) If the applicant provides false or misleading information to the board, the board may automatically terminate the conditional license. If the board automatically terminates a conditional license, the board shall notify the holder of the board's decision by certified mail or personal service;

(d) In no event shall such conditional license be in effect for more than twelve months after the date of its issuance;

(e) A conditional license shall not be eligible for renewal; and

(f) No fee shall be charged for issuing a conditional license.

335.046. 1. An applicant for a license to practice as a registered professional nurse shall submit to the board a written application on forms furnished to the applicant. The original application shall contain the applicant's statements showing the applicant's education and other such pertinent information as the board may require. In addition, each candidate for licensure shall provide the board with a list of all student loans they are obligated to pay and all service-conditional scholarship agreements they are obligated to satisfy. The applicant shall be of good moral character and have completed at least the high school course of study, or the equivalent thereof as determined by the state board of education, and have successfully completed the basic professional curriculum in an accredited or approved school of nursing and earned a professional nursing degree or diploma. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration. Applicants from non-English-speaking lands shall be required to submit evidence of proficiency in the English language. The applicant must be approved by the board and shall pass an examination as required by the board. The board may require by rule as a requirement for licensure that each applicant shall pass an oral or practical examination. Upon successfully passing the examination, the board may issue to the applicant a license to practice nursing as a registered professional nurse. The applicant for a license to practice registered professional nursing shall pay a license fee in such amount as set by the board. The fee shall be uniform for all applicants. Applicants from foreign countries shall be licensed as prescribed by rule.

2. An applicant for license to practice as a licensed practical nurse shall submit to the board a written application on forms furnished to the applicant. The original application shall contain the applicant's statements showing the applicant's education and other such pertinent information as the board may require. Such applicant shall be of good moral character, and have completed at least two years of high school, or its equivalent as established by the state board of education, and have successfully completed a basic prescribed curriculum in a state-accredited or approved school of nursing, earned a nursing degree, certificate or diploma and completed a course approved by the board on the role of the practical nurse. Each application shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration. Applicants from non-English-speaking countries shall be required to submit evidence of their proficiency in the English language. The applicant must be approved by the board and shall pass an examination as required by the board. The board may require by rule as a requirement for licensure that each applicant shall pass an oral or practical examination. Upon successfully passing the examination, the board may issue to the applicant a license to practice as a licensed practical nurse. The applicant for a license to practice licensed practical nursing shall pay a fee in such amount as may be set by the board. The fee shall be uniform for all applicants. Applicants from foreign countries shall be licensed as prescribed by rule.

3. Upon refusal of the board to allow any applicant to sit for either the registered professional nurses' examination or the licensed practical nurses' examination, as the case may be, the board shall comply with the provisions of section 621.120, RSMo, and advise the applicant of his or her right to have a hearing before the administrative hearing commission. The administrative hearing commission shall hear complaints taken pursuant to section 621.120, RSMo.

4. The board shall not deny a license because of sex, religion, race, ethnic origin, age or political affiliation.

335.048. 1. Any person licensed or applying for licensure pursuant to this chapter who is in default of any federal or state student loan or in default of any service-conditional scholarship agreement that obligates a podiatrist to practice in a certain field and location for a certain period of time may be disciplined by the board or have his or her application for licensure denied.

Missouri House of Representatives