SECOND REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES WEBB (Sponsor), COOKSON, BURLISON AND FUNDERBURK (Co-sponsors).
5886L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 346.050, 346.055, and 346.085, RSMo, and to enact in lieu thereof three new sections relating to licensure of hearing instrument specialists.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 346.050, 346.055, and 346.085, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 346.050, 346.055, and 346.085, to read as follows:
346.050. 1. Whenever [the board determines that] another state or jurisdiction has requirements equivalent to or higher than those in effect pursuant to sections 346.010 to 346.250 and that such state or jurisdiction has a program equivalent to or stricter than the program for determining whether an applicant, pursuant to sections 346.010 to 346.250 is qualified to engage in the practice of fitting hearing instruments, the board shall issue a license to applicants who hold current, unsuspended and unrevoked certificates or licenses to fit hearing instruments in such other state or jurisdiction [provided that such jurisdiction extends like privileges for reciprocal licensing or certification to persons licensed by this state with similar qualifications]. No such applicant for licensure shall be required to submit to or undergo a qualifying examination other than the payment of fees pursuant to sections 346.045 and 346.095. Such applicant shall be registered in the same manner as licensees in this state. The fee for an initial license issued pursuant to this section shall be the same as the fee for an initial license issued pursuant to section 346.045. Fees, grounds for renewal, and procedures for the suspension and revocation of licenses granted pursuant to this section shall be the same as for renewal, suspension and revocation of an initial license issued pursuant to section 346.045.
2. The board shall promulgate reasonable standards and rules to implement the intent of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.
346.055. 1. An applicant may obtain a license by successfully passing a qualifying examination of the type described in sections 346.010 to 346.250, provided the applicant:
(1) Is at least twenty-one years of age;
(2) Is of good moral character; and
(3) Until December 31, [2008, has an education equivalent to at least a high school diploma from an accredited high school.
2. Beginning January 1, 2009, an applicant for a hearing instrument specialist license or a hearing instrument specialist-in-training permit shall demonstrate successful completion of a minimum of sixty semester hours, or its equivalent, at a state or regionally accredited institution of higher education.
3. Beginning January 1, 2011] 2014, an applicant for a hearing instrument specialist license or a hearing instrument specialist-in-training permit shall hold an associate's level degree or higher from a state or regionally accredited institution of higher education or has satisfactorily completed a course of instruction and training prescribed by the Board of Examiners for Hearing Instrument Specialists of sufficient education, training, or experience in the field of hearing instrument fitting.
[4.] 2. Beginning January 1, [2013, or any date thereafter when an associate degree program in hearing instrument sciences is available from a state or regionally accredited institution within Missouri] 2015, an applicant for a hearing instrument specialist license or a hearing instrument specialist-in-training permit shall hold[:
(1)] an associate's degree or higher in hearing instrument sciences[; or
(2) A master's or doctoral degree in audiology from a state or regionally accredited institution] or has satisfactorily completed a course of instruction and training prescribed by the Board of Examiners for Hearing Instrument Specialists of sufficient education, training, or experience in the field of hearing instrument fitting.
3. (1) The board shall promulgate reasonable standards and rules for the evaluation of applicants for purposes of determining the course of instruction and training required of each applicant for a hearing instrument specialist license under the alternative to the associate degree education requirement of subdivision (3) of subsection 1 of this section and subsection 2 of this section.
(2) Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.
[5.] 4. The provisions of subdivision (1) of subsection 1 of this section and subsections 2[,] and 3[, and 4] of this section shall not apply to any person holding a valid Missouri hearing instrument specialist license under this chapter when applying for the renewal of that license. These provisions shall apply to any person holding a hearing instrument specialist-in-training permit at the time of their application for licensure or renewal of said permit.
346.085. 1. The qualifying examination provided in section 346.060 shall be designed to demonstrate the applicant's adequate technical qualifications in the practice of fitting hearing instruments as defined by the board.
2. The board shall promulgate reasonable standards and rules that identifies and describes the required technical knowledge and skill of fitting hearing instruments necessary to prepare each applicant for licensure by testing. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.
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