HCS HB 665 -- PROFESSIONAL REGISTRATION

SPONSOR:  Behnen

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Professional Registration and Licensing by a vote of 12 to 0.

This substitute changes the laws regarding the Division of
Professional Registration and the Department of Health and Senior
Services.  The substitute:

(1)  Authorizes the Department of Health and Senior Services to
establish a fee schedule for specific licenses for emergency
personnel.  Moneys collected by the department will be deposited
into the Missouri Public Health Services Fund.  These provisions
will not apply to persons employed by volunteer ambulance
services;

(2)  Removes the grandfather provisions regarding the licensing
of geologists;

(3)  Establishes the Board of Private Investigator Examiners
within the Division of Professional Registration.  No person can
provide private investigative services without first being
licensed.  The makeup and duties of the board; exemptions from
licensure; requirements for application and licensure; proof of
liability insurance; training and written examinations; fees;
background checks on applicants; denial, suspension, or
revocation of licenses; types and terms of licenses; and
reciprocity are specified.  Licensees are allowed to disclose to
the board, any law enforcement agency, a prosecutor, or the
licensee's own representative any information regarding a
criminal offense or to instruct their clients to do so if they
are victims 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 or 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.  Licensed private investigators are
allowed to carry concealed weapons;

(4)  Increases from 750 to 800 the number of hours a manicurist
apprentice must complete in order to be licensed.  Persons are
allowed to make application for the required licensing
examination if they are graduates of a foreign cosmetology
program and the State Board of Cosmetology determines that the
program has educational requirements which are substantially the
same as an educational establishment licensed by the board;

(5)  Combines the State Board of Barber Examiners and the State
Board of Cosmetology to become the State Board of Cosmetology and
Barber Examiners.  The provisions of this section has an
effective date of July 1, 2006;

(6)  Establishes the Dental Hygienist Distance Learning Committee
and authorizes the Department of Economic Development to contract
with an institution of higher education to establish a distant
dental hygienist learning program for the purpose of off-site
clinical and didactic training.  The program must meet all
standards established by the Council on Dental Accreditation;

(7)  Removes conflicting provisions of law regarding the
definition of "physician assistants";

(8)  Establishes the Medical Imaging and Radiation Therapy Board
of Examiners within the Division of Professional Registration.
All persons administering medical imaging and radiation therapy
procedures are required to be licensed by the board.  Physicians,
dentists, chiropractors, podiatrists, registered nurses, certain
qualified persons currently practicing medical imaging and
radiation therapy are exempt from licensure.  Certain criteria is
established to be met by applicants for licensure as
radiographers, radiation therapists, nuclear medicine
technologists, and dental radiographers.  The board is authorized
to certify programs for medical imaging and radiation therapy in
medical facilities, dental facilities, educational institutions,
or other public or private institutions; adopt rules; give
examinations; waive examination requirements; establish
continuing education; issue temporary permits; renew, revoke, and
suspend licenses; and investigate charges and allegations brought
against licensees, issue subpoenas, hold hearings, render
judgments, and hear appeals;

(9)  Requires applicants for licensure as clinical social workers
to complete 3,000 hours of supervised clinical experience under a
licensed clinical social worker within a specified period of
time.  The substitute removes the requirement that licensed
clinical social workers applying for a Missouri license pass an
examination on Missouri laws and regulations governing the
practice of social work and be a member in good standing of the
Academy of Certified Social Workers.  The substitute authorizes
the State Committee for Social Workers to require a minimum of 30
hours of continuing education for license renewal, requires the
committee to establish ethical standards based on the code of
ethics of the National Association of Social Workers, and
clarifies the practice of baccalaureate social work;

(10)  Combines the State Committee for Professional Counselors
and the State Committee of Marital and Family Therapists to
become the State Board of Counselors and Therapists;

(11)  Authorizes the Board of Pharmacy to prepare an equitable
salary schedule for employees attributed to the inspection
licensed entities;

(12)  Requires all nursing home administrators licenses to expire
on June 30 following the year it was issued and every other year
thereafter.  An administrator seeking a renewal must file an
application during the month of May of the year of their renewal,
accompanied by a fee as provided by rule, payable to the
Department of Health and Senior Services.  All licenses issued or
renewed during 2006 can be for either a one- or two-year term as
dictated by rule;

(13)  Redefines "student athlete" within the provisions regarding
athletic contracts;

(14)  Requires that any person applying for a license or a
license renewal as a bail bond agent, a general bail bond agent,
or a surety recovery agent must provide the Director of the
Department of Insurance with evidence that they are a member of a
statewide professional association established to represent the
interests of bail bond agents, general bail bond agents, or
surety recovery agents.  The director will establish requirements
that an association must meet prior to being recognized as a
statewide professional association;

(15)  Removes the requirement that the division wait 30 days
before informing a licensee that they are in violation of their
licensing requirements prior to engaging in settlement
negotiations and shortens the time from 60 to 30 days that the
licensee has to consider the settlement offer prior to contacting
the respective board to discuss the settlement offer; and

(16)  Requires sonographers or vascular technologists which are
Medicaid providers to be credentialed by the appropriated
accrediting body specified in the substitute.

FISCAL NOTE:  Estimated Income on General Revenue Fund of
$486,542 in FY 2006, $584,840 in FY 2007, and $577,142 in FY
2008.   Estimated Effect on Other State Funds of a Cost of
$45,031 in FY 2006, an Income of $583,920 in FY 2007, and a Cost
of $289,174 in FY 2008.

PROPONENTS:  Supporters say that this is a clean-up bill for the
Division of Professional Registration.

Testifying for the bill was Representative Behnen.

OPPONENTS:  There was no opposition voiced to the committee.

Bob Dominique, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:20 pm