HCS HB 564 -- PROFESSIONAL REGISTRATION

SPONSOR:  Behnen

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Professional Registration and Licensing by a vote of 9 to 1.

This substitute contains provisions relating to deaf
interpreters, interior designers, athlete agents, architects,
occupational therapists, dentists, anesthesiologist assistants,
psychologists, real estate, and auctioneers.

DEAF INTERPRETERS

The substitute expands the authority of the Division of
Professional Registration to deny license renewal of deaf
interpreters for failure to provide satisfactory evidence of
current certification with the Missouri Commission for the Deaf.

OCCUPATIONAL THERAPISTS

The Missouri Board of Occupational Therapy is given authority to
give licensing exams to qualified applicants upon demand and is
placed under the purview of the Administrative Hearing
Commission.

INTERIOR DESIGN

Expired language relating to the grandfather provisions for
interior designer licenses is repealed.

ATHLETE AGENTS

All athlete agents operating in this state are required to be
registered and certified by the Division of Professional
Registration.  Fees for registration and renewal will be set by
the division and deposited in the Athlete Agent Fund, which is
created by the substitute.  Registration and certification are
valid for a two-year period and may be renewed indefinitely.  The
division director may refuse to issue a certificate or may
suspend or revoke a certificate because of the following
circumstances:

(1)  The applicant has been convicted of a crime of moral
turpitude;

(2)  The applicant made false statements on the application;

(3)  The applicant has had a similar license suspended or revoked
in another state; or

(4)  The applicant has caused a student-athlete to be suspended
from or to be ineligible for any interscholastic or
intercollegiate athletic event.

All agent-athlete contracts must be written and contain certain
information, including the basis for the agent's fee and a notice
warning the student-athlete about possible loss of eligibility.

ARCHITECTS

The substitute establishes inactive licenses for architects.
Licensed architects may make application for an inactive license
with the Missouri Board for Architects, Professional Engineers,
Land Surveyors, and Landscape Architects.  After receiving their
inactive license, inactive licensees cannot practice architecture
in this state, but they may continue to hold themselves out as
being an architect.  Inactive licensees who fail to maintain a
current license in any state for a period of exceeding five years
prior to requesting licensure reinstatement must take a licensing
examination deemed appropriate by the board.

Technical changes are made to update the statutes in regard to
landscape architects.

COSMETOLOGISTS

Manicurist apprentices are required to complete at least 800
hours of supervised training prior to making application for
licensure.  The course of study for all cosmetology apprentices
may not exceed 12 hours per day and 72 hours per week.

DENTISTS

The substitute:

(1)  Allows for the practice of dentistry across state lines, as
long as the person practicing across state lines is licensed to
practice dentistry in another state and the practice is limited
to the rendering of documented opinions concerning diagnosis and
treatment through electronic means.  When receiving consultations
across state lines, the ultimate authority and responsibility for
the diagnosis and treatment of the patient remains with the
primary care dentist licensed in this state;

(2)  Expands the definition of "practices dentistry" to include
the use of lasers;

(3)  Authorizes the Missouri Dental Board to issue specialist
licenses without examination to applicants who have been
certified in any specialty by an examining board recognized by
the American Dental Association or the Council on Dental
Accreditation;

(4)  Allows for issuance of specialized licenses for dentists who
hold specialty licenses in other states, as long as they are
licensed in this state and the educational requirements for their
specialized licenses are the same or exceed those in this state;

(5)  Gives the board the authority to create specialization
committees for each specialty recognized by the American Dental
Association.  The committees will assist the board in
establishing criteria and evaluating applicants for specialty
licenses;

(6)  Provides that all specialty licenses be subject to sanctions
and that licensees pay fees as set forth by the board;

(7)  Requires all dentists and dental hygienists to complete all
continuing education requirements prior to license renewal.
Failing to do so, without reasonable cause, will result in the
license being sanctioned by the board;

(8)  Requires all dentists and dental hygienists who have allowed
their licenses to lapse for more than four years to make
application and take all licensing examinations required by the
board;

(9)  Contains provisions pertaining to the disposition of
complaints brought before the Administrative Hearing Commission
by the board regarding licensees who present a clear and present
danger to the health and safety of the public at large; and

(10)  Allows the Missouri Dental Board to disclose confidential
records and information to the board's Committee on Well-Being
for the purpose of assisting in the rehabilitation of impaired
licensees.  All information disclosed to the committee is still
considered confidential and closed to the public.

ANESTHESIOLOGIST ASSISTANTS

The substitute:

(1)  Establishes registration for anesthesiologist assistants
under the State Board of Registration for the Healing Arts;

(2)  Allows anesthesiologist assistants to assist a supervising
anesthesiologist in formulating and executing an anesthesia care
plan for patients.  Anesthesiologist assistants are given
authority to obtain patient history, perform relevant physical
exams, pretest and calibrate anesthesia delivery systems,
interpret information while in consultation with an
anesthesiologist, establish airway intervention, administer
vasoactive and other anesthetic drugs, adjust vasoactive
infusions, and provide tasks not prohibited by law while under
the supervision of an anesthesiologist;

(3)  Requires an anesthesiologist to be responsible for the
oversight of the health care services rendered by an
anesthesiologist assistant;

(4)  Prohibits anesthesiologist assistants from prescribing
medications and controlled substances, conducting activities
which are beyond the scope of practice of the supervising
anesthesiologist, practicing without the supervision of an
anesthesiologist, and holding themselves out as being a
physician;

(5)  Prohibits anesthesiologists from billing for services
performed by an anesthesiologist assistant;

(6)  Requires applicants for licensure to apply to the board and
pay the required fees;

(7)  Allows the board to issue temporary and inactive licenses;

(8)  Requires retiring anesthesiologist assistants to file an
affidavit with the board stating their intentions and the date of
their retirement;

(9)  Gives the board authority to negotiate reciprocal compacts
with other states and to license qualified applicants from other
states;

(10)  Requires the board to promulgate rules pertaining to
application forms, certification, registration, and fees;

(11)  Grants the board the authority to refuse to issue, suspend,
or renew licenses and describes the allowable causes for the
board to file complaints with the Administrative Hearing
Commission;

(12)  Prohibits any person from practicing as an anesthesiologist
assistant without a license, unless the person is in a certified
program under direct supervision of an anesthesiologist or is in
a hospital residency program to become an anesthesiologist;

(13)  Requires that all continuing education requirements be met
prior to license renewal;

(14)  Requires all fees collected by the Division of Professional
Registration to be deposited to the credit of the Board of
Registration for the Healing Arts Fund;

(15)  Requires all supervising anesthesiologists to adopt
protocols that delineate the services provided and the manner of
supervision;

(16)  Gives the governing boards of hospitals the authority to
limit the functions and activities of anesthesiologist
assistants;

(17)  Prohibits persons from holding themselves out as being
anesthesiologist assistants without being duly licensed by the
board; and

(18)  Establishes the Advisory Commission for Anesthesiologist
Assistants.

PSYCHOLOGISTS

The State Committee of Psychologists is allowed to issue inactive
licenses.

REAL ESTATE

The substitute:

(1)  Adds Internet web sites to the licensing exemption, when in
the case of advertising real estate, the advertising is
incidental to their normal business operations;

(2)  Removes the requirement of land developers selling their own
property from having on file with the Missouri Real Estate
Commission a certified copy of a currently effective statement of
record from the Office of Interstate Land Sales;

(3)  Allows the commission to issue temporary work permits to
individuals who have satisfied all licensing requirements prior
to the final review and printing of their licenses;

(4)  Grants entities providing continuing education the authority
to do so through the means of distance delivery;

(5)  Gives the commission authority, when conducting
investigations of complaints involving affiliated licensees, to
forward copies of the information regarding the complaint to the
affiliated licensee's broker;

(6)  Gives the commission authority, when a licensee fails to
renew or surrender his or her license and the commission finds
the licensee to be in violation of certain provisions, to cause
complaints to be filed with the Administrative Hearing
Commission;

(7)  Requires real estate brokers holding funds belonging to
another party in a real estate transaction to maintain the funds
in a separate account designated as an escrow or trust account.
Brokers may not commingle their own personal funds or any other
moneys in this account with the exception that a broker may
deposit an amount not to exceed $1,000 specifically identified
for the purpose of covering service charges related to the
account.  When brokers decide not to maintain an escrow account,
they must notify the commission.  If they decide to open an
escrow account, they must notify the commission within 10
business days of doing so.  In the case of disputes regarding
ownership of escrow moneys, the funds must be deposited with the
State Treasurer within 180 days of the original deposit.  The
funds will be held in trust until the dispute can be resolved;

(8)  Increases the amount of compensation which each member of
the commission receives from $50 to $75;

(9)  Requires designated brokers who have affiliated licensees to
adopt a written policy describing their relationships in regard
to their real estate activities; and

(10)  Repeals the provisions relating to escrow agents.

The provisions relating to real estate will become effective
January 1, 2004.

AUCTIONEERS

The State Board of Auctioneers is created within the Division of
Professional Registration.  No person may engage in the
occupation of auctioneering without being duly licensed by the
board.

Provisions include the make-up, powers, and duties of the board;
qualifications of applicants; licensing examinations and
exemptions; examination and licensing fees; terms of licenses;
reciprocity; refusal, suspension, and revocation of licenses;
filing complaints with the Administrative Hearing Commission; and
displaying and providing proof of licensure.

The State Board of Auctioneers Fund is created.  Moneys placed in
the fund will be used for expenses incurred by the board.

FISCAL NOTE:  Estimated Net Cost to General Revenue of Up to
$11,481 in FY 2004, $0 in FY 2005, and $0 in FY 2006.  Estimated
Net Effect on Athlete Agent Fund of $0 in FY 2004, FY 2005, and
FY 2006.  Estimated Net Effect to Board of Registration for
Healing Arts Fund of $0 in FY 2004, an income of $19,839 in FY
2005, and a cost $10,146 in FY 2006.  Estimated Net Cost to
Missouri Real Estate Commission Fund of $18,229 in FY 2004,
$21,875 in FY 2005, and $21,875 in FY 2006.  Estimated Net Income
to State Board of Auctioneers Fund of $0 in FY 2004, $90,922 in
FY 2005, and $74,953 in FY 2006.  Estimated Net Effect to
Professional Registration Fees Fund of a cost of $16,150 in FY
2004, an income of $16,150 in FY 2005, and $0 in FY 2006.

PROPONENTS:  Supporters say that the bill updates and clarifies
some ambiguities in the statutes pertaining to deaf interpreters,
occupational therapists, cosmetology, and psychology.  This would
require deaf interpreters to provide evidence of current
certification prior to license renewal.  The occupational therapy
board will be able to give licensing exams on demand.  The
psychology board can issue inactive licenses.  The bill makes
language consistent regarding training hours for manicurists and
cosmetologists.

Testifying for the bill were Representative Behnen; Missouri
Commission for Deaf and Hard of Hearing; Missouri Psychological
Association; State Committee of Interpreters; State Committee of
Psychologists; State Board for Occupational Therapy; and Division
of Professional Registration.

OPPONENTS:  There was no opposition voiced to the committee.

Bob Dominique, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am