Modifies provisions relating to activities requiring licensure

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE SUBSTITUTE NO. 2 FOR
SENATE BILL NO. 1233
103RD GENERAL ASSEMBLY
2026
5607H.07T
AN ACT
To repeal sections 324.001, 324.009, 324.028, 324.400, 324.402, 324.403, 324.406, 324.409,
324.412, 324.415, 324.418, 324.421, 324.424, 324.427, 324.430, 324.433, 324.436,
324.439, 326.256, 326.277, 326.280, 326.283, 326.286, 326.289, 326.292, 327.011,
327.031, 327.041, 327.081, 327.381, 327.411, 327.442, 327.451, 332.081, 334.870,
334.880, 335.081, 337.600, 338.010, 338.333, 338.710, 345.050, 537.033, and
621.045, RSMo, and to enact in lieu thereof forty-five new sections relating to activities
requiring licensure, with penalty provisions and a contingent effective date for certain
sections.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 324.001, 324.009, 324.028, 324.400, 1
324.402, 324.403, 324.406, 324.409, 324.412, 324.415, 324.418, 2
324.421, 324.424, 324.427, 324.430, 324.433, 324.436, 324.439, 3
326.256, 326.277, 326.280, 326.283, 326.286, 326.289, 326.292, 4
327.011, 327.031, 327.041, 327.081, 327.381, 327.411, 327.442, 5
327.451, 332.081, 334.870, 334.880, 335.081, 337.600, 338.010, 6
338.333, 338.710, 345.050, 537.033, and 621.045, RSMo, are 7
repealed and forty-five new sections enacted in lieu thereof, 8
to be known as sections 324.001, 324.004, 324.009, 324.028, 9
324.218, 324.263, 326.256, 326.277, 326.280, 326.283, 326.286, 10
326.289, 326.292, 327.011, 327.031, 327.041, 327.081, 327.381, 11
327.411, 327.442, 327.451, 327.700, 327.705, 327.710, 327.720, 12
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327.725, 327.730, 327.735, 327.740, 327.745, 327.750, 331.084, 13
332.081, 334.870, 334.880, 335.081, 337.600, 338.010, 338.312, 14
338.333, 338.710, 345.050, 537.033, 621.045, and 1, to read as 15
follows:16
324.001. 1. For the purposes of this section, the 1
following terms mean: 2
(1) "Department", the department of commerce and 3
insurance; 4
(2) "Director", the director of the division of 5
professional registration; and 6
(3) "Division", the division of professional 7
registration. 8
2. There is hereby established a "Division of 9
Professional Registration" assigned to the department of 10
commerce and insurance as a type III transfer, headed by a 11
director appointed by the governor with the advice and 12
consent of the senate. All of the general provisions, 13
definitions and powers enumerated in section 1 of the 14
Omnibus State Reorganization Act of 1974 and Executive Order 15
06-04 shall apply to this department and its divisions, 16
agencies, and personnel. 17
3. The director of the division of professional 18
registration shall promulgate rules and regulations which 19
designate for each board or commission assigned to the 20
division the renewal date for licenses or certificates. 21
After the initial establishment of renewal dates, no 22
director of the division shall promulgate a rule or 23
regulation which would change the renewal date for licenses 24
or certificates if such change in renewal date would occur 25
prior to the date on which the renewal date in effect at the 26
time such new renewal date is specified next occurs. Each 27
board or commission shall by rule or regulation establish 28
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licensing periods of one, two, or three years. Registration 29
fees set by a board or commission shall be effective for the 30
entire licensing period involved, and shall not be increased 31
during any current licensing period. Persons who are 32
required to pay their first registration fees shall be 33
allowed to pay the pro rata share of such fees for the 34
remainder of the period remaining at the time the fees are 35
paid. Each board or commission shall provide the necessary 36
forms for initial registration, and thereafter the director 37
may prescribe standard forms for renewal of licenses and 38
certificates. Each board or commission shall by rule and 39
regulation require each applicant to provide the information 40
which is required to keep the board's records current. Each 41
board or commission shall have the authority to collect and 42
analyze information required to support workforce planning 43
and policy development. Such information shall not be 44
publicly disclosed so as to identify a specific health care 45
provider, as defined in section 376.1350. Each board or 46
commission shall issue the original license or certificate. 47
4. The division shall provide clerical and other staff 48
services relating to the issuance and renewal of licenses 49
for all the professional licensing and regulating boards and 50
commissions assigned to the division. The division shall 51
perform the financial management and clerical functions as 52
they each relate to issuance and renewal of licenses and 53
certificates. "Issuance and renewal of licenses and 54
certificates" means the ministerial function of preparing 55
and delivering licenses or certificates, and obtaining 56
material and information for the board or commission in 57
connection with the renewal thereof to include verifying if 58
the applicant has submitted all required documentation and 59
that the documentation is legible. It does not include any 60
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discretionary authority with regard to the original review 61
of an applicant's qualifications for licensure or 62
certification, or the subsequent review of licensee's or 63
certificate holder's qualifications, or any disciplinary 64
action contemplated against the licensee or certificate 65
holder. The division may develop and implement microfilming 66
systems and automated or manual management information 67
systems. 68
5. The director of the division shall maintain a 69
system of accounting and budgeting, in cooperation with the 70
director of the department, the office of administration, 71
and the state auditor's office, to ensure proper charges are 72
made to the various boards for services rendered to them. 73
The general assembly shall appropriate to the division and 74
other state agencies from each board's funds moneys 75
sufficient to reimburse the division and other state 76
agencies for all services rendered and all facilities and 77
supplies furnished to that board. 78
6. For accounting purposes, the appropriation to the 79
division and to the office of administration for the payment 80
of rent for quarters provided for the division shall be made 81
from the "Professional Registration Fees Fund", which is 82
hereby created, and is to be used solely for the purpose 83
defined in subsection 5 of this section. The fund shall 84
consist of moneys deposited into it from each board's fund. 85
Each board shall contribute a prorated amount necessary to 86
fund the division for services rendered and rent based upon 87
the system of accounting and budgeting established by the 88
director of the division as provided in subsection 5 of this 89
section. Transfers of funds to the professional 90
registration fees fund shall be made by each board on July 91
first of each year; provided, however, that the director of 92
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the division may establish an alternative date or dates of 93
transfers at the request of any board. Such transfers shall 94
be made until they equal the prorated amount for services 95
rendered and rent by the division. The provisions of 96
section 33.080 to the contrary notwithstanding, money in 97
this fund shall not be transferred and placed to the credit 98
of general revenue. 99
7. The director of the division shall be responsible 100
for collecting and accounting for all moneys received by the 101
division or its component agencies. Any money received by a 102
board or commission shall be promptly given, identified by 103
type and source, to the director. The director shall keep a 104
record by board and state accounting system classification 105
of the amount of revenue the director receives. The 106
director shall promptly transmit all receipts to the 107
department of revenue for deposit in the state treasury to 108
the credit of the appropriate fund. The director shall 109
provide each board with all relevant financial information 110
in a timely fashion. Each board shall cooperate with the 111
director by providing necessary information. 112
8. All educational transcripts, test scores, 113
complaints, investigatory reports, and information 114
pertaining to any person who is an applicant or licensee of 115
any agency assigned to the division of professional 116
registration by statute or by the department are 117
confidential and may not be disclosed to the public or any 118
member of the public, except with the written consent of the 119
person whose records are involved. The agency which 120
possesses the records or information shall disclose the 121
records or information if the person whose records or 122
information is involved has consented to the disclosure. 123
Each agency is entitled to the attorney-client privilege and 124
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work-product privilege to the same extent as any other 125
person. Provided, however, that any board may disclose 126
confidential information without the consent of the person 127
involved in the course of voluntary interstate exchange of 128
information, or in the course of any litigation concerning 129
that person, or pursuant to a lawful request, or to other 130
administrative or law enforcement agencies acting within the 131
scope of their statutory authority. Information regarding 132
identity, including names and addresses, registration, and 133
currency of the license of the persons possessing licenses 134
to engage in a professional occupation and the names and 135
addresses of applicants for such licenses is not 136
confidential information. 137
9. Any deliberations conducted and votes taken in 138
rendering a final decision after a hearing before an agency 139
assigned to the division shall be closed to the parties and 140
the public. Once a final decision is rendered, that 141
decision shall be made available to the parties and the 142
public. 143
10. A compelling governmental interest shall be deemed 144
to exist for the purposes of section 536.025 for licensure 145
fees to be reduced by emergency rule, if the projected fund 146
balance of any agency assigned to the division of 147
professional registration is reasonably expected to exceed 148
an amount that would require transfer from that fund to 149
general revenue. 150
11. (1) The following boards and commissions are 151
assigned by specific type transfers to the division of 152
professional registration: Missouri state board of 153
accountancy, chapter 326; board of cosmetology and barber 154
examiners, chapters 328 and 329; Missouri board for 155
architects, professional engineers, professional land 156
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surveyors [and], professional landscape architects, and 157
licensed interior designers, chapter 327; Missouri state 158
board of chiropractic examiners, chapter 331; state board of 159
registration for the healing arts, chapter 334; Missouri 160
dental board, chapter 332; state board of embalmers and 161
funeral directors, chapter 333; state board of optometry, 162
chapter 336; Missouri state board of nursing, chapter 335; 163
board of pharmacy, chapter 338; state board of podiatric 164
medicine, chapter 330; Missouri real estate appraisers 165
commission, chapter 339; and Missouri veterinary medical 166
board, chapter 340. The governor shall appoint members of 167
these boards by and with the advice and consent of the 168
senate. 169
(2) The boards and commissions assigned to the 170
division shall exercise all their respective statutory 171
duties and powers, except those clerical and other staff 172
services involving collecting and accounting for moneys and 173
financial management relating to the issuance and renewal of 174
licenses, which services shall be provided by the division, 175
within the appropriation therefor. Nothing herein shall 176
prohibit employment of professional examining or testing 177
services from professional associations or others as 178
required by the boards or commissions on contract. Nothing 179
herein shall be construed to affect the power of a board or 180
commission to expend its funds as appropriated. However, 181
the division shall review the expense vouchers of each 182
board. The results of such review shall be submitted to the 183
board reviewed and to the house and senate appropriations 184
committees annually. 185
(3) Notwithstanding any other provisions of law, the 186
director of the division shall exercise only those 187
management functions of the boards and commissions 188
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specifically provided in the Reorganization Act of 1974, and 189
those relating to the allocation and assignment of space, 190
personnel other than board personnel, and equipment. 191
(4) "Board personnel", as used in this section or 192
chapters 317, 326, 327, 328, 329, 330, 331, 332, 333, 334, 193
335, 336, 337, 338, 339, 340, and 345, shall mean personnel 194
whose functions and responsibilities are in areas not 195
related to the clerical duties involving the issuance and 196
renewal of licenses, to the collecting and accounting for 197
moneys, or to financial management relating to issuance and 198
renewal of licenses; specifically included are executive 199
secretaries (or comparable positions), consultants, 200
inspectors, investigators, counsel, and secretarial support 201
staff for these positions; and such other positions as are 202
established and authorized by statute for a particular board 203
or commission. Boards and commissions may employ legal 204
counsel, if authorized by law, and temporary personnel if 205
the board is unable to meet its responsibilities with the 206
employees authorized above. Any board or commission which 207
hires temporary employees shall annually provide the 208
division director and the appropriation committees of the 209
general assembly with a complete list of all persons 210
employed in the previous year, the length of their 211
employment, the amount of their remuneration, and a 212
description of their responsibilities. 213
(5) Board personnel for each board or commission shall 214
be employed by and serve at the pleasure of the board or 215
commission, shall be supervised as the board or commission 216
designates, and shall have their duties and compensation 217
prescribed by the board or commission, within appropriations 218
for that purpose, except that compensation for board 219
personnel shall not exceed that established for comparable 220
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positions as determined by the board or commission pursuant 221
to the job and pay plan of the department of commerce and 222
insurance. Nothing herein shall be construed to permit 223
salaries for any board personnel to be lowered except by 224
board action. 225
12. All the powers, duties, and functions of the 226
division of athletics, chapter 317, and others, are assigned 227
by type I transfer to the division of professional 228
registration. 229
13. Wherever the laws, rules, or regulations of this 230
state make reference to the division of professional 231
registration of the department of economic development, such 232
references shall be deemed to refer to the division of 233
professional registration. 234
14. (1) The state board of nursing, board of 235
pharmacy, Missouri dental board, state committee of 236
psychologists, state board of chiropractic examiners, state 237
board of optometry, Missouri board of occupational therapy, 238
or state board of registration for the healing arts may 239
individually or collectively enter into a contractual 240
agreement with the department of health and senior services, 241
a public institution of higher education, or a nonprofit 242
entity for the purpose of collecting and analyzing workforce 243
data from its licensees, registrants, or permit holders for 244
future workforce planning and to assess the accessibility 245
and availability of qualified health care services and 246
practitioners in Missouri. The boards shall work 247
collaboratively with other state governmental entities to 248
ensure coordination and avoid duplication of efforts. 249
(2) The boards may expend appropriated funds necessary 250
for operational expenses of the program formed under this 251
subsection. Each board is authorized to accept grants to 252
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fund the collection or analysis authorized in this 253
subsection. Any such funds shall be deposited in the 254
respective board's fund. 255
(3) Data collection shall be controlled and approved 256
by the applicable state board conducting or requesting the 257
collection. Notwithstanding the provisions of sections 258
324.010 and 334.001, the boards may release identifying data 259
to the contractor to facilitate data analysis of the health 260
care workforce including, but not limited to, geographic, 261
demographic, and practice or professional characteristics of 262
licensees. The state board shall not request or be 263
authorized to collect income or other financial earnings 264
data. 265
(4) Data collected under this subsection shall be 266
deemed the property of the state board requesting the data. 267
Data shall be maintained by the state board in accordance 268
with chapter 610, provided that any information deemed 269
closed or confidential under subsection 8 of this section or 270
any other provision of state law shall not be disclosed 271
without consent of the applicable licensee or entity or as 272
otherwise authorized by law. Data shall only be released in 273
an aggregate form by geography, profession or professional 274
specialization, or population characteristic in a manner 275
that cannot be used to identify a specific individual or 276
entity. Data suppression standards shall be addressed and 277
established in the contractual agreement. 278
(5) Contractors shall maintain the security and 279
confidentiality of data received or collected under this 280
subsection and shall not use, disclose, or release any data 281
without approval of the applicable state board. The 282
contractual agreement between the applicable state board and 283
contractor shall establish a data release and research 284
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review policy to include legal and institutional review 285
board, or agency-equivalent, approval. 286
(6) Each board may promulgate rules subject to the 287
provisions of this subsection and chapter 536 to effectuate 288
and implement the workforce data collection and analysis 289
authorized by this subsection. Any rule or portion of a 290
rule, as that term is defined in section 536.010, that is 291
created under the authority delegated in this section shall 292
become effective only if it complies with and is subject to 293
all of the provisions of chapter 536 and, if applicable, 294
section 536.028. This section and chapter 536 are 295
nonseverable and if any of the powers vested with the 296
general assembly under chapter 536 to review, to delay the 297
effective date, or to disapprove and annul a rule are 298
subsequently held unconstitutional, then the grant of 299
rulemaking authority and any rule proposed or adopted after 300
August 28, 2016, shall be invalid and void. 301
324.004. 1. Any person who has at least three years 1
of work experience in an occupation or profession in another 2
state, the District of Columbia, or any combination of such 3
jurisdictions, and whose work experience involved the 4
practice of an occupation or profession for which a license 5
is not required in the jurisdiction or jurisdictions in 6
which the person worked but is required in this state, may 7
submit an application for a one-time nonrenewable two-year 8
temporary license in this state in the occupation or 9
profession, along with proof of at least three years of work 10
experience in the occupation or profession and a fee as set 11
by regulation of the oversight body, to the relevant 12
oversight body in this state. The oversight body shall make 13
a determination of qualification within forty-five days of 14
receiving a completed application. 15
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2. The oversight body shall require an applicant under 16
this section to take and pass the examination specific to 17
the occupation or profession which is required for licensure 18
by those individuals applying pursuant to the provisions of 19
the oversight body's statutory and regulatory authority. An 20
oversight body that administers an examination on the laws 21
of this state as part of its licensing application 22
requirements may require an applicant under this section to 23
take and pass an examination specific to the laws of this 24
state. 25
3. The oversight body shall not issue a one-time 26
nonrenewable temporary license to any applicant described in 27
subsection 1 of this section who has had any license in the 28
relevant occupation or profession revoked by an oversight 29
body outside of this state, who is currently under 30
investigation, who has a complaint pending, or who is 31
currently under disciplinary action. 32
4. (1) Except as provided in subdivision (2) of this 33
subsection, applicants for the one-time temporary 34
nonrenewable license under this section shall be citizens of 35
the United States or lawfully present noncitizens authorized 36
to work in the United States under federal law and shall 37
submit legal proof of citizenship or employment 38
authorization that is acceptable for the employment 39
eligibility verification under federal law as part of the 40
application. If the holder of a one-time nonrenewable 41
temporary license issued under this section loses lawful 42
presence or federal work authorization, the one-time 43
nonrenewable temporary license shall automatically be 44
revoked. 45
(2) Applicants for the one-time nonrenewable temporary 46
license under this section in an occupation regulated by the 47
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board of therapeutic massage shall be citizens of the United 48
States and shall submit legal proof of citizenship as part 49
of the application. 50
5. If an applicant is not currently residing in this 51
state, the oversight body shall conditionally approve the 52
application contingent upon receipt of proof of domicile in 53
this state within sixty days of the applicant receiving the 54
temporary license. If the applicant fails to provide proof 55
within sixty days of receiving the temporary license, the 56
oversight body may terminate the temporary license and the 57
applicant may reapply for a temporary license. 58
6. The provisions of this section shall not apply to 59
the following: 60
(1) Any occupation whose oversight body has entered 61
into a licensing compact with another state for the 62
regulation of practice under the oversight body's 63
jurisdiction. The provisions of this section shall not be 64
construed to alter the authority granted by, or any 65
requirements promulgated pursuant to, any 66
interjurisdictional or interstate compacts adopted by this 67
state or any reciprocity agreements with other states, and 68
whenever possible the provisions of this section shall be 69
interpreted so as to imply no conflict between it and any 70
compact or any reciprocity agreement with other states; 71
(2) Any occupation set forth in subsection 6 of 72
section 290.257 or any electrical contractor licensed under 73
sections 324.900 to 324.945; 74
(3) Any occupation whose regulators or licensees are 75
required to comply with specific federal statutory, 76
regulatory, and administrative requirements in order to 77
practice in this state; or 78
(4) Assistant physicians licensed under chapter 334. 79
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7. The one-time nonrenewable temporary license shall 80
expire after two years. Upon expiration, the individual 81
shall be required to apply for a permanent license in 82
accordance with the license requirements for the occupation 83
for which he or she held the temporary license. 84
8. Notwithstanding any other provision of law to the 85
contrary, a license issued under this section shall be valid 86
only in this state and shall not make a licensee eligible to 87
be part of an interstate compact. An applicant who is 88
licensed in another state pursuant to an interstate compact 89
shall not be eligible for licensure by an oversight body 90
under the provisions of this section. 91
9. Notwithstanding any other provision of law to the 92
contrary, a license issued under this section shall be valid 93
only in this state and shall not make a licensee eligible to 94
obtain a license by reciprocity in another state. 95
10. As used in this section, the term "oversight body" 96
means any board, department, agency, or office of a 97
jurisdiction that issues occupational or professional 98
licenses. 99
11. The division of professional registration may 100
promulgate rules to implement the provisions of this 101
section. Any rule or portion of a rule, as that term is 102
defined in section 536.010, that is created under the 103
authority delegated in this section shall become effective 104
only if it complies with and is subject to all of the 105
provisions of chapter 536 and, if applicable, section 106
536.028. This section and chapter 536 are nonseverable and 107
if any of the powers vested with the general assembly 108
pursuant to chapter 536 to review, to delay the effective 109
date, or to disapprove and annul a rule are subsequently 110
held unconstitutional, then the grant of rulemaking 111
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authority and any rule proposed or adopted after August 28, 112
2026, shall be invalid and void. 113
324.009. 1. For purposes of this section, the 1
following terms mean: 2
(1) "License", a license, certificate, registration, 3
permit, accreditation, or military occupational [speciality] 4
specialty that enables a person to legally practice an 5
occupation or profession in a particular jurisdiction; 6
(2) "Military", the Armed Forces of the United States 7
including the Air Force, Army, Coast Guard, Marine Corps, 8
Navy, Space Force, National Guard and any other military 9
branch that is designated by Congress as part of the Armed 10
Forces of the United States, and all reserve components and 11
auxiliaries. Such term also includes the military reserves 12
and militia of any United States territory or state; 13
(3) "Missouri law enforcement officer", any person 14
employed by or otherwise serving in a position for the state 15
or a local governmental entity in the state of Missouri as a 16
police officer, peace officer certified under chapter 590, 17
auxiliary police officer, sheriff, sheriff's deputy, member 18
of the patrol as that term is defined in section 43.010, or 19
in some like position involving the enforcement of the law 20
and protection of the public interest at the risk of that 21
person's life and who is a permanent resident of the state 22
of Missouri or who is domiciled in the state of Missouri; 23
(4) "Nonresident military or law enforcement spouse": 24
(a) A nonresident spouse of an active duty member of 25
the Armed Forces of the United States who has been 26
transferred or is scheduled to be transferred to the state 27
of Missouri, or who has been transferred or is scheduled to 28
be transferred to an adjacent state and is or will be 29
HCS SS#2 SB 1233 16
domiciled in the state of Missouri, or has moved to the 30
state of Missouri on a permanent change-of-station basis; or 31
(b) A nonresident spouse of a person residing outside 32
the state of Missouri who has accepted an offer of 33
employment from and with the state or a local governmental 34
entity in the state of Missouri and who will become a 35
Missouri law enforcement officer upon the commencement of 36
such employment; 37
(5) "Oversight body", any board, department, agency, 38
or office of a jurisdiction that issues licenses; 39
(6) "Resident military or law enforcement spouse", a 40
spouse of an active duty member of the Armed Forces of the 41
United States who has been transferred or is scheduled to be 42
transferred to the state of Missouri or an adjacent state 43
and who is a permanent resident of the state of Missouri, 44
who is domiciled in the state of Missouri, or who has 45
Missouri as his or her home of record, or a spouse of a 46
Missouri law enforcement officer. 47
2. Any person who holds a valid current license issued 48
by another state, a branch or unit of the military, a 49
territory of the United States, or the District of Columbia, 50
and who has been licensed for at least one year in such 51
other jurisdiction, may submit an application for a license 52
in Missouri in the same occupation or profession, and at the 53
same practice level, for which he or she holds the current 54
license, along with proof of current licensure and proof of 55
licensure for at least one year in the other jurisdiction, 56
to the relevant oversight body in this state. 57
3. The oversight body in this state shall: 58
(1) Within six months of receiving an application 59
described in subsection 2 of this section, waive any 60
examination, educational, or experience requirements for 61
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licensure in this state for the applicant if it determines 62
that there were minimum education requirements and, if 63
applicable, work experience and clinical supervision 64
requirements in effect and the other [state] jurisdiction 65
verifies that the person met those requirements in order to 66
be licensed or certified in that [state] jurisdiction. An 67
oversight body that administers an examination on laws of 68
this state as part of its licensing application requirement 69
may require an applicant to take and pass an examination 70
specific to the laws of this state; or 71
(2) Within thirty days of receiving an application 72
described in subsection 2 of this section from a nonresident 73
military or law enforcement spouse or a resident military or 74
law enforcement spouse, waive any examination, educational, 75
or experience requirements for licensure in this state for 76
the applicant and issue such applicant a license under this 77
section if such applicant otherwise meets the requirements 78
of this section. 79
4. (1) The oversight body shall not waive any 80
examination, educational, or experience requirements for any 81
applicant who has had his or her license revoked by an 82
oversight body outside the state; who is currently under 83
investigation, who has a complaint pending, or who is 84
currently under disciplinary action, except as provided in 85
subdivision (2) of this subsection, with an oversight body 86
outside the state; who does not hold a license in good 87
standing with an oversight body outside the state; who has a 88
criminal record that would disqualify him or her for 89
licensure in Missouri; or who does not hold a valid current 90
license in the other jurisdiction on the date the oversight 91
body receives his or her application under this section. 92
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(2) If another jurisdiction has taken disciplinary 93
action against an applicant, the oversight body shall 94
determine if the cause for the action was corrected and the 95
matter resolved. If the matter has not been resolved by 96
that jurisdiction, the oversight body may deny a license 97
until the matter is resolved. 98
5. Nothing in this section shall prohibit the 99
oversight body from denying a license to an applicant under 100
this section for any reason described in any section 101
associated with the occupation or profession for which the 102
applicant seeks a license. 103
6. Any person who is licensed under the provisions of 104
this section shall be subject to the applicable oversight 105
body's jurisdiction and all rules and regulations pertaining 106
to the practice of the licensed occupation or profession in 107
this state. Any health care provider licensed under the 108
provisions of this section shall be deemed fully licensed to 109
practice within the profession's scope of practice in this 110
state and may provide telehealth services as described in 111
section 191.1145 to the same extent and in the same manner 112
as a health care provider who received his or her license 113
without a waiver of any requirements. 114
7. This section shall not be construed to waive any 115
requirement for an applicant to pay any fees, post any bonds 116
or surety bonds, or submit proof of insurance associated 117
with the license the applicant seeks. 118
8. This section shall not apply to business, 119
professional, or occupational licenses issued or required by 120
political subdivisions. 121
9. The provisions of this section shall not impede an 122
oversight body's authority to require an applicant to submit 123
fingerprints as part of the application process. 124
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10. The provisions of this section shall not be 125
construed to alter the authority granted by, or any 126
requirements promulgated pursuant to, any 127
interjurisdictional or interstate compacts adopted by 128
Missouri statute or any reciprocity agreements with other 129
states in effect, and whenever possible this section shall 130
be interpreted so as to imply no conflict between it and any 131
compact, or any reciprocity agreements with other states in 132
effect. 133
11. Notwithstanding any other provision of law, a 134
license issued under this section shall be valid only in 135
this state and shall not make a licensee eligible to be part 136
of an interstate compact. An applicant who is licensed in 137
another state pursuant to an interstate compact shall not be 138
eligible for licensure by an oversight body under the 139
provisions of this section. 140
12. The provisions of this section shall not apply to 141
any occupation set forth in subsection 6 of section 290.257, 142
or any electrical contractor licensed under sections 324.900 143
to 324.945. 144
324.028. Any member authorized under the provisions of 1
sections 256.459, 324.063, 324.177, 324.203, 324.243, 2
[324.406,] 324.478, 326.259, 327.031, 329.015, 330.110, 3
331.090, 332.021, 333.151, 334.120, 334.430, 334.625, 4
334.717, 334.749, 334.830, 335.021, 336.130, 337.050, 5
337.305, 337.535, 337.622, 337.739, 338.110, 339.120, 6
340.202, 345.080, and 346.120 who misses three consecutive 7
regularly scheduled meetings of the board or council on 8
which he or she serves shall forfeit his or her membership 9
on that board or council. A new member shall be appointed 10
to the respective board or council by the governor with the 11
advice and consent of the senate. 12
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324.218. 1. An applicant who has not previously taken 1
or passed an examination recognized by the committee and who 2
meets the qualifications of subsection 2 of section 324.210 3
may obtain without examination a nonrenewable temporary 4
license by paying a temporary-license fee and submitting to 5
the committee an agreement-to-supervise form that is signed 6
by a licensed dietitian who has agreed to supervise the 7
applicant. Such temporary licensee may practice dietetics, 8
but any such practice shall be under the supervision of a 9
dietitian licensed in this state. 10
2. (1) Any dietitian who has agreed to supervise a 11
temporary licensee shall hold an unencumbered license to 12
practice dietetics in this state and shall provide the 13
committee proof of active dietetics practice in this state 14
for a minimum of one year before supervising the temporary 15
licensee. 16
(2) The supervising dietitian shall not be an 17
immediate family member of the temporary licensee. The 18
committee shall define the term "immediate family member" 19
for purposes of this subdivision and the scope of such 20
supervision by rule. 21
3. (1) The dietitian who has agreed to supervise the 22
applicant for a temporary license shall submit to the 23
committee a signed and notarized form prescribed by the 24
committee attesting that the applicant for a temporary 25
license shall begin employment at a location in this state 26
within seven days of issuance of the temporary license. 27
(2) If the temporary licensee's employment described 28
in subdivision (1) of this subsection ceases, the 29
supervising dietitian shall notify the committee within 30
three days of such cessation. 31
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4. A licensed dietitian shall not supervise more than 32
one temporary licensee at a time. 33
5. The temporary license obtained by an applicant 34
under this section shall expire the date the committee is 35
notified by the supervising dietitian that the temporary 36
licensee's employment has ceased or within one hundred 37
eighty days of its issuance, whichever occurs first. 38
324.263. 1. The board may apply to the administrative 1
hearing commission for an emergency suspension or 2
restriction of a license issued under sections 324.240 to 3
324.275 if: 4
(1) The holder of the license is the subject of a 5
pending criminal indictment, criminal information, or other 6
criminal charge related to the duties and responsibilities 7
of the licensed occupation; and 8
(2) There is reasonable cause for the board to believe 9
that the public health, safety, or welfare is at imminent 10
risk of harm from the holder of the license. 11
2. The board shall submit to the administrative 12
hearing commission supporting affidavits and certified court 13
records, together with a complaint alleging the facts in 14
support of the board's request for an emergency suspension 15
or restriction of a license, and shall supply the 16
administrative hearing commission with the last home or 17
business addresses on file with the board for the licensee. 18
Within one business day of the filing of the complaint, the 19
administrative hearing commission shall return a service 20
packet to the board. The service packet shall include the 21
board's complaint and any affidavits or records the board 22
intends to rely on that have been filed with the 23
administrative hearing commission. The service packet may 24
contain other information in the discretion of the 25
HCS SS#2 SB 1233 22
administrative hearing commission. Within twenty-four hours 26
of receiving the packet, the board shall either personally 27
serve the licensee the service packet or leave a copy of the 28
service packet at all of the licensee's current addresses on 29
file with the board. 30
3. Within five days of the board's filing of the 31
complaint, the administrative hearing commission shall 32
review the information submitted by the board and shall 33
issue its findings of fact and conclusions of law. If the 34
administrative hearing commission finds that there is 35
reasonable cause for the board to believe that the public 36
health, safety, or welfare is at imminent risk of harm from 37
the holder of the license, the administrative hearing 38
commission shall enter the order requested by the board. 39
The order shall be effective upon personal service or by 40
leaving a copy at all of the licensee's current addresses on 41
file with the board. 42
4. (1) The administrative hearing commission shall 43
hold an evidentiary hearing on the record within forty-five 44
days of the board's filing of the complaint, or upon final 45
adjudication of any criminal charges filed against the 46
licensee, as appropriate, to determine if cause for 47
discipline exists under the provisions of sections 324.240 48
to 324.275 and to determine whether the initial order 49
entered by the commission shall continue in effect. Prior 50
to the hearing, the licensee may file affidavits and 51
certified court records for consideration by the 52
administrative hearing commission. The administrative 53
hearing commission may grant a request for a continuance but 54
shall in any event hold the hearing within one hundred 55
twenty days of the board's initial filing. The board shall 56
be granted leave to amend its complaint if it is more than 57
HCS SS#2 SB 1233 23
thirty days prior to the hearing, or within thirty days 58
prior to the hearing upon a showing of good cause. 59
(2) If no cause for discipline is found following an 60
evidentiary hearing, the administrative hearing commission 61
shall issue findings of fact, conclusions of law, and an 62
order terminating the commission's initial order imposing an 63
emergency suspension or restriction of the license. 64
(3) If the administrative hearing commission finds 65
cause for discipline following an evidentiary hearing, the 66
commission shall issue findings of fact and conclusions of 67
law and order the emergency suspension or restriction to 68
remain in full force and effect pending a disciplinary 69
hearing before the board. The board shall hold a hearing 70
following the certification of the record by the 71
administrative hearing commission and may impose discipline 72
otherwise authorized by state law. 73
5. Any action under this section shall be in addition 74
to and not in lieu of any discipline otherwise in the 75
board's power to impose and may be brought concurrently with 76
other actions. 77
6. If the administrative hearing commission does not 78
grant an initial order imposing an emergency suspension or 79
restriction of the license as described in subsection 3 of 80
this section, the board shall remove all reference to such 81
emergency suspension or restriction from its public records. 82
326.256. 1. As used in this chapter, the following 1
terms mean: 2
(1) "AICPA", the American Institute of Certified 3
Public Accountants; 4
(2) "Attest" or "attest services", providing the 5
following services: 6
HCS SS#2 SB 1233 24
(a) Any audit or other engagement to be performed in 7
accordance with the Statements on Auditing Standards (SAS); 8
(b) Any examination of prospective financial 9
information to be performed in accordance with the 10
Statements on Standards for Attestation Engagements (SSAE); 11
(c) Any engagement to be performed in accordance with 12
the auditing standards and rules of the Public Company 13
Accounting Oversight Board (PCAOB); 14
(d) Any review of a financial statement to be 15
performed in accordance with the Statements on Standards for 16
Accounting and Review Services (SSARS); or 17
(e) Any examination, review, or agreed upon procedures 18
engagement to be performed in accordance with the SSAE, 19
other than an examination described in paragraph (b) of this 20
subdivision; 21
(3) "Board", the Missouri state board of accountancy 22
established under section 326.259 or its predecessor 23
pursuant to prior law; 24
(4) "Certificate", a certificate issued under section 25
326.060 prior to August 28, 2001; 26
(5) "Certified public accountant" or "CPA", the holder 27
of a certificate or license as defined in this section; 28
(6) "Certified public accounting firm", "CPA firm" or 29
"firm", a sole proprietorship, a corporation, a partnership 30
or any other form of organization issued a permit or 31
otherwise authorized to practice under section 326.289; 32
(7) "Client", a person or entity that agrees with a 33
licensee or licensee's employer to receive any professional 34
service; 35
(8) "Compilation", providing a service to be performed 36
in accordance with Statements on Standards for Accounting 37
and Review Services (SSARS) that is presented in the form of 38
HCS SS#2 SB 1233 25
financial statements information that is the representation 39
of management (owners) without undertaking to express any 40
assurance on the statements; 41
(9) "License", a license issued under section 326.280, 42
or privilege to practice under section 326.283; or, in each 43
case, an individual license or permit issued pursuant to 44
corresponding provisions of prior law; 45
(10) "Licensee", the holder of a license as defined in 46
this section; 47
(11) "Manager", a manager of a limited liability 48
company; 49
(12) "Member", a member of a limited liability company; 50
(13) "NASBA", the National Association of State Boards 51
of Accountancy; 52
(14) "PCAOB", the Public Company Accounting Oversight 53
Board; 54
(15) "Peer review", a study, appraisal or review of 55
one or more aspects of the professional work of a [licensee 56
or] certified public accounting firm that performs attest or 57
compilation services, by licensees who are not affiliated 58
either personally or through their certified public 59
accounting firm being reviewed pursuant to the Standards for 60
Performing and Reporting on Peer Reviews promulgated by the 61
AICPA or such other standard adopted by regulation of the 62
board which meets or exceeds the AICPA standards; 63
(16) "Permit", a permit to practice as a certified 64
public accounting firm issued under section 326.289 or 65
corresponding provisions of prior law or pursuant to 66
corresponding provisions of the laws of other states; 67
(17) "Principal place of business", the office 68
location designated by the licensee for purposes of 69
[substantial equivalency] mobility and reciprocity; 70
HCS SS#2 SB 1233 26
(18) "Professional", arising out of or related to the 71
specialized knowledge or skills associated with certified 72
public accountants; 73
(19) "Public accounting": 74
(a) Performing or offering to perform for an 75
enterprise, client or potential client one or more services 76
involving the use of accounting or auditing skills, or one 77
or more management advisory or consulting services, or the 78
preparation of tax returns or the furnishing of advice on 79
tax matters by a person, firm, limited liability company or 80
professional corporation using the title "C.P.A." or "P.A." 81
in signs, advertising, directory listing, business cards, 82
letterheads or other public representations; 83
(b) Signing or affixing a name, with any wording 84
indicating the person or entity has expert knowledge in 85
accounting or auditing to any opinion or certificate 86
attesting to the reliability of any representation or 87
estimate in regard to any person or organization embracing 88
financial information or facts respecting compliance with 89
conditions established by law or contract, including but not 90
limited to statutes, ordinances, rules, grants, loans and 91
appropriations; or 92
(c) Offering to the public or to prospective clients 93
to perform, or actually performing on behalf of clients, 94
professional services that involve or require an audit or 95
examination of financial records leading to the expression 96
of a written attestation or opinion concerning these records; 97
(20) "Report", when used with reference to any attest 98
or compilation service, means an opinion, report or other 99
form of language that states or implies assurance as to the 100
reliability of the attested information or compiled 101
financial statements, and that also includes or is 102
HCS SS#2 SB 1233 27
accompanied by any statement or implication that the person 103
or firm issuing it has special knowledge or competence in 104
accounting or auditing. Such a statement or implication of 105
special knowledge or competence may arise from use by the 106
issuer of the report of names or titles indicating that the 107
person or firm is an accountant or auditor, or from the 108
language of the report itself. The term report includes any 109
form of language which disclaims an opinion when such form 110
of language is conventionally understood to imply any 111
positive assurance as to the reliability of the attested 112
information or compiled financial statements referred to or 113
special competence on the part of the person or firm issuing 114
such language, and includes any other form of language that 115
is conventionally understood to imply such assurance or such 116
special knowledge or competence; 117
(21) "State", any state of the United States, the 118
District of Columbia, Puerto Rico, the U.S. Virgin Islands, 119
the Commonwealth of the Northern Mariana Islands, and Guam; 120
except that "this state" means the state of Missouri; 121
(22) ["Substantial equivalency" or "substantially 122
equivalent", a determination by the board of accountancy or 123
its designee that the education, examination and experience 124
requirements contained in the statutes and administrative 125
rules of another jurisdiction are comparable to or exceed 126
the education, examination and experience requirements 127
contained in this chapter or that an individual certified 128
public accountant's education, examination and experience 129
qualifications are comparable to or exceed the education, 130
examination and experience requirements contained in this 131
chapter; 132
(23)] "Transmittal", any transmission of information 133
in any form, including but not limited to any and all 134
HCS SS#2 SB 1233 28
documents, records, minutes, computer files, disks or 135
information. 136
2. The statements on standards specified in this 137
section shall be adopted by reference by the board pursuant 138
to rulemaking and shall be those developed for general 139
application by the AICPA or other recognized national 140
accountancy organization as prescribed by board rule. 141
326.277. 1. Prior to June 30, 2021, for an applicant 1
to be eligible to apply for the examination, the applicant 2
shall fulfill the education requirements of subdivision (4) 3
of subsection 1 of section 326.280. 4
2. On or after June 30, 2021, for an applicant to be 5
eligible to apply for the examination, the applicant shall: 6
(1) Provide proof that the applicant has [completed at 7
least one hundred twenty semester hours of college 8
education] obtained a baccalaureate degree or a post- 9
baccalaureate degree at an accredited college or university 10
recognized by the board, with an accounting concentration or 11
equivalent as determined by the board, in either case by 12
rule; 13
(2) Be at least eighteen years of age; and 14
(3) Be of good moral character. 15
326.280. 1. A license shall be granted by the board 1
to any person who meets the requirements of this chapter and 2
who: 3
(1) Is a resident of this state or has a place of 4
business in this state or, as an employee, is regularly 5
employed in this state; 6
(2) Has attained the age of eighteen years; 7
(3) Is of good moral character; 8
(4) [Either] Meets one of the following educational 9
requirements: 10
HCS SS#2 SB 1233 29
(a) [Applied for the initial examination prior to June 11
30, 1999, and] Holds a baccalaureate degree conferred by an 12
accredited college or university recognized by the board, 13
with [a] the total educational program including an 14
accounting concentration [in accounting] or [the 15
substantial] equivalent [of a concentration in accounting] 16
as determined by [the] board rule to be appropriate; or 17
(b) [Applied for the initial examination on or after 18
June 30, 1999, and has at least one hundred fifty semester 19
hours of college education, including a baccalaureate or 20
higher degree] Has a baccalaureate degree plus an additional 21
thirty semester hours of college education conferred by an 22
accredited college or university recognized by the board, 23
with the total educational program including an accounting 24
concentration or equivalent as determined by board rule to 25
be appropriate; or 26
(c) Has a post-baccalaureate degree conferred by an 27
accredited college or university recognized by the board, 28
with the total education program including an accounting 29
concentration or equivalent as determined by board rule to 30
be appropriate; 31
(5) Has passed an examination in accounting, auditing 32
and such other related subjects as the board shall determine 33
is appropriate; and 34
(6) (a) Either: 35
a. Has had one year of experience for an applicant who 36
is applying for licensure on the basis of the educational 37
requirement in paragraphs (b) or (c) of subdivision (4) of 38
subsection 1 of this section; or 39
b. Has had two years of experience for an applicant 40
who is applying for licensure on the basis of the 41
HCS SS#2 SB 1233 30
educational requirement in paragraph (a) of subdivision (4) 42
of subsection 1 of this section. 43
(b) Experience shall be verified by a licensee and 44
shall include any type of service or advice involving the 45
use of accounting, attest, compilation, management advisory, 46
financial advisory, tax or consulting skills including 47
governmental accounting, budgeting or auditing. The board 48
shall promulgate rules and regulations concerning the 49
verifying licensee's review of the applicant's experience. 50
2. The board may prescribe by rule the terms and 51
conditions for reexaminations and fees to be paid for 52
reexaminations. 53
3. A person who, on August 28, 2001, holds an 54
individual permit issued pursuant to the laws of this state 55
shall not be required to obtain additional licenses pursuant 56
to sections 326.280 to 326.286, and the licenses issued 57
shall be considered licenses issued pursuant to sections 58
326.280 to 326.286. However, such persons shall be subject 59
to the provisions of section 326.286 for renewal of licenses. 60
4. Upon application, the board may issue a temporary 61
license to an applicant pursuant to this subsection for a 62
person who has made a prima facie showing that the applicant 63
meets all of the requirements for a license and possesses 64
the experience required. The temporary license shall be 65
effective only until the board has had the opportunity to 66
investigate the applicant's qualifications for licensure 67
pursuant to subsection 1 of this section and notify the 68
applicant that the applicant's application for a license has 69
been granted or rejected. In no event shall a temporary 70
license be in effect for more than twelve months after the 71
date of issuance nor shall a temporary license be reissued 72
to the same applicant. No fee shall be charged for a 73
HCS SS#2 SB 1233 31
temporary license. The holder of a temporary license which 74
has not expired, been suspended or revoked shall be deemed 75
to be the holder of a license issued pursuant to this 76
section until the temporary license expires, is terminated, 77
suspended or revoked. 78
[5.Prior to June 30, 2021, an applicant for an 79
examination who meets the educational requirements of 80
subdivision (4) of subsection 1 of this section or who 81
reasonably expects to meet those requirements within sixty 82
days after the examination shall be eligible for examination 83
if the applicant also meets the requirements of subdivisions 84
(2) and (3) of subsection 1 of this section. For an 85
applicant admitted to examination on the reasonable 86
expectation that the applicant will meet the educational 87
requirements within sixty days, no license shall be issued 88
nor credit for the examination or any part thereof given 89
unless the educational requirement is in fact met within the 90
sixty-day period. ] 91
326.283. 1. (1) (a) An individual whose principal 1
place of business, domicile, or residency is not in this 2
state and who holds a valid and unrestricted license in good 3
standing to practice public accounting from any state [which 4
the board or its designee has determined by rule to be in 5
substantial equivalence with the licensure requirements of 6
this chapter, or if the individual's qualifications are 7
substantially equivalent to the licensure requirements of 8
this chapter, shall be presumed to have qualifications 9
substantially equivalent to this state's requirements and] 10
shall have all the privileges of licensees of this state 11
without the need to obtain a license or to otherwise notify 12
or register with the board or pay any fee[. Provided, 13
however,] provided that at the time of initial licensure, 14
HCS SS#2 SB 1233 32
the individual was required to show evidence of having 15
passed the Uniform Certified Public Accountant Examination 16
and having met one of the following requirements: 17
a. A baccalaureate degree conferred by an accredited 18
college or university, with the total educational program 19
including an accounting concentration or equivalent, and not 20
less than two years of experience, both as defined by board 21
rule; 22
b. A baccalaureate degree plus an additional thirty 23
semester hours of college education conferred by an 24
accredited college or university, with the total educational 25
program including an accounting concentration or equivalent, 26
and not less than one year of experience, both as defined by 27
board rule; or 28
c. A post-baccalaureate degree conferred by an 29
accredited college or university, with the total educational 30
program including an accounting concentration or equivalent, 31
and not less than one year of experience, both as defined by 32
board rule. 33
(b) An individual, whose principal place of business, 34
domicile, or residency is not in this state and who holds a 35
valid and unrestricted license in good standing to practice 36
public accountancy from any state as of December 31, 2024, 37
and who, as of such date, has practice privileges in this 38
state under paragraph (a) of this subdivision, shall 39
continue to have all the privileges of licensees in this 40
state without the need to obtain a license or otherwise 41
notify or register with the board or pay any fee. 42
(c) The board may by rule require individuals with a 43
valid but restricted license to obtain a license. 44
(2) An individual who qualifies for the privilege to 45
practice under this section may offer or render professional 46
HCS SS#2 SB 1233 33
services in this state, whether in person, by mail, 47
telephone, or electronic means, and no notice or other 48
submission shall be required of any such individual. 49
(3) An individual licensee of another state exercising 50
the privilege afforded under this section and the firm which 51
employs such licensee hereby simultaneously consent, as a 52
condition of the grant of this privilege: 53
(a) To the personal and subject matter jurisdiction 54
and disciplinary authority of the board; 55
(b) To comply with this chapter and the board's rules; 56
(c) That in the event the license from any state is no 57
longer valid or unrestricted, the individual shall cease 58
offering or rendering professional services in this state 59
individually and on behalf of a firm; and 60
(d) To the appointment of the state board that issued 61
the individual's license as his or her agent upon whom 62
process may be served in any action or proceeding by this 63
board against the individual. 64
(4) An individual who has been granted the privilege 65
to practice under this section who performs attest or 66
compilation services shall comply with the provisions of 67
section 326.289. 68
(5) Nothing in this chapter shall prohibit temporary 69
practice in this state for professional business incidental 70
to a CPA's regular practice outside this state. "Temporary 71
practice" means that practice related to the direct purpose 72
of an engagement for a client located outside this state, 73
which engagement began outside this state and extends into 74
this state through common ownership, existence of a 75
subsidiary, assets or other operations located within this 76
state. 77
HCS SS#2 SB 1233 34
2. A licensee of this state offering or rendering 78
services or using his or her certified public accountant 79
title in another state shall be subject to disciplinary 80
action in this state for an act committed in another state 81
for which the licensee would be subject to discipline for an 82
act committed in the other state. Notwithstanding the 83
provisions of section 326.274 to the contrary, the board may 84
investigate any complaint made by the board of accountancy 85
of another state. 86
326.286. 1. The board may grant or renew licenses to 1
persons who make application and demonstrate that their 2
qualifications, including the qualifications prescribed by 3
section 326.280, are in accordance with this section. 4
2. Licenses shall be initially issued and renewed for 5
periods of not more than three years and shall expire on the 6
renewal date following issuance or renewal. Applications 7
for licenses shall be made in such form, and in the case of 8
applications for renewal, between such dates, as the board 9
by rule shall specify. Application and renewal fees shall 10
be determined by the board by rule. 11
3. With regard to applicants that do not qualify for 12
reciprocity pursuant to subsection 1 of this section, the 13
board may issue a license to an applicant upon a showing 14
that: 15
(1) The applicant passed the examination required for 16
issuance of the applicant's certificate with grades that 17
would have been passing grades at the time in this state; 18
(2) The applicant had four years of experience outside 19
of this state of the type described in subdivision (6) of 20
subsection 1 of section 326.280 or meets equivalent 21
requirements prescribed by the board by rule, after passing 22
the examination upon which the applicant's license was based 23
HCS SS#2 SB 1233 35
and within the ten years immediately preceding the 24
application; and 25
(3) If the applicant's certificate, license or permit 26
was issued more than four years prior to the application for 27
issuance of a license pursuant to this section, the 28
applicant has fulfilled the requirements of continuing 29
professional education that would have been applicable 30
pursuant to subsection [6] 5 of this section. 31
4. As an alternative to the requirements of subsection 32
3 of this section, a certified public accountant licensed by 33
another state who establishes a principal place of business 34
in this state shall request the issuance of a license from 35
the board prior to establishing the principal place of 36
business. The board may issue a license to the person [who 37
obtains verification from the NASBA National Qualification 38
Appraisal Service that the individual's qualifications are 39
substantially equivalent to the licensure requirements of 40
sections 326.250 to 326.331] whose qualifications the board 41
verifies to be comparable to the initial licensure 42
requirements of section 326.280. 43
5. [An application pursuant to this section may be 44
made through the NASBA Qualification Appraisal Service. 45
6.] Each licensee shall participate in a program of 46
learning designed to maintain professional competency. The 47
program of learning shall comply with rules adopted by the 48
board. The board may create by rule an exception to such 49
requirement for licensees who do not perform or offer to 50
perform for the public one or more kinds of services 51
involving the use of accounting or auditing skills, 52
including issuance of reports on financial statements or of 53
one or more kinds of management advisory, financial advisory 54
or consulting services, or the preparation of tax returns or 55
HCS SS#2 SB 1233 36
the furnishing of advice on tax matters. Licensees granted 56
an exception by the board shall place the word "inactive" 57
adjacent to their certified public accountant title on any 58
business card, letterhead or any other document or device, 59
except their certified public accountant certificate, on 60
which their certified public accountant title appears. 61
[7.] 6. Applicants for initial issuance or renewal of 62
licenses pursuant to this section shall list all states in 63
which they have applied for or hold certificates, licenses 64
or permits and list any past denial, revocation or 65
suspension or any discipline of a certificate, license or 66
permit. Each holder of or applicant for a license shall 67
notify the board in writing within thirty days after its 68
occurrence of any issuance, denial, revocation or suspension 69
or any discipline of a certificate, license or permit by 70
another state. 71
[8.] 7. The board may issue a license to a holder of a 72
substantially equivalent foreign designation, provided that: 73
(1) The foreign authority which granted the 74
designation makes similar provisions to allow a person who 75
holds a valid license issued by this state to obtain such 76
foreign authority's comparable designation; and 77
(2) The foreign designation: 78
(a) Was duly issued by a foreign authority that 79
regulates the practice of public accounting and the foreign 80
designation has not expired or been revoked or suspended; 81
(b) Entitles the holder to issue reports upon 82
financial statements; and 83
(c) Was issued upon the basis of educational, 84
examination and experience requirements established by the 85
foreign authority or by law; and 86
(3) The applicant: 87
HCS SS#2 SB 1233 37
(a) Received the designation based on educational and 88
examination standards substantially equivalent to those in 89
effect in this state at the time the foreign designation was 90
granted; 91
(b) Completed an experience requirement substantially 92
equivalent to the requirement set out in subdivision (6) of 93
subsection 1 of section 326.280 in the jurisdiction which 94
granted the foreign designation or has completed four years 95
of professional experience in this state, or meets 96
equivalent requirements prescribed by the board by rule 97
within the ten years immediately preceding the application; 98
and 99
(c) Passed a uniform qualifying examination in 100
national standards and an examination on the laws, 101
regulations and code of ethical conduct in effect in this 102
state acceptable to the board. 103
[9.] 8. An applicant pursuant to subsection [8] 7 of 104
this section shall list all jurisdictions, foreign and 105
domestic, in which the applicant has applied for or holds a 106
designation to practice public accounting. Each holder of a 107
license issued pursuant to this subsection shall notify the 108
board in writing within thirty days after its occurrence of 109
any issuance, denial, revocation, suspension or any 110
discipline of a designation or commencement of a 111
disciplinary or enforcement action by any jurisdiction. 112
[10.] 9. The board has the sole authority to interpret 113
the application of the provisions of subsections 7 and 8 114
[and 9] of this section. 115
326.289. 1. The board may grant or renew permits to 1
practice as a certified public accounting firm to applicants 2
that demonstrate their qualifications in accordance with 3
this chapter. 4
HCS SS#2 SB 1233 38
(1) The following shall hold a permit issued under 5
this chapter: 6
(a) Any firm with an office in this state, as defined 7
by the board by rule, offering or performing attest or 8
compilation services; or 9
(b) Any firm with an office in this state that uses 10
the title "CPA" or "CPA firm". 11
(2) Any firm that does not have an office in this 12
state may offer or perform attest or compilation services in 13
this state without a valid permit only if it meets each of 14
the following requirements: 15
(a) It complies with the qualifications described in 16
subdivision (1) of subsection 4 of this section; 17
(b) It complies with the requirements of peer review 18
as set forth in this chapter and the board's promulgated 19
regulations; 20
(c) It performs such services through an individual 21
with practice privileges under section 326.283; and 22
(d) It can lawfully do so in the state where said 23
individual with the privilege to practice has his or her 24
principal place of business. 25
(3) A firm which is not subject to the requirements of 26
subdivisions (1) or (2) of this subsection may perform other 27
nonattest or noncompilation services while using the title 28
"CPA" or "CPA firm" in this state without a permit issued 29
under this section only if it: 30
(a) Performs such services through an individual with 31
the privilege to practice under section 326.283; and 32
(b) Can lawfully do so in the state where said 33
individual with privilege to practice has his or her 34
principal place of business. 35
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(4) (a) All firms practicing public accounting in 36
this state shall register with the secretary of state. 37
(b) Firms which may be exempt from this requirement 38
include: 39
a. Sole proprietorships; 40
b. Trusts created pursuant to revocable trust 41
agreements, of which the trustee is a natural person who 42
holds a license or privilege to practice as set forth in 43
section 326.280, 326.283, or 326.286; 44
c. General partnerships not operating as a limited 45
liability partnership; or 46
d. Foreign professional corporations which do not meet 47
criteria of chapter 356 due to name or ownership, shall 48
obtain a certificate of authority as a general corporation. 49
Notwithstanding the provisions of chapter 356, the secretary 50
of state may issue a certificate of authority to a foreign 51
professional corporation which does not meet the criteria of 52
chapter 356 due to name or ownership, if the corporation 53
meets the requirements of this section and the rules of the 54
board. 55
(5) A sole practitioner or single member limited 56
liability company (LLC) using the title of "certified public 57
accountant(s)", "CPA", or similar abbreviation in their 58
business name may request exemption from the firm permit 59
requirements of paragraph (b) of subdivision (1) of this 60
subsection by submitting a written request to the board that 61
affirms the business does not offer nor perform attest 62
services nor other services subject to peer review. 63
2. Permits shall be initially issued and renewed for 64
periods of not more than three years or for a specific 65
period as prescribed by board rule following issuance or 66
renewal. 67
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3. The board shall determine by rule the form for 68
application and renewal of permits and shall annually 69
determine the fees for permits and their renewals. 70
4. An applicant for initial issuance or renewal of a 71
permit to practice under this section shall be required to 72
show that: 73
(1) A simple majority of the ownership of the firm, in 74
terms of financial interests and voting rights of all 75
partners, officers, principals, shareholders, members or 76
managers, belongs to licensees who are licensed in some 77
state, and the partners, officers, principals, shareholders, 78
members or managers, whose principal place of business is in 79
this state and who perform professional services in this 80
state are licensees under section 326.280 or the 81
corresponding provision of prior law. Although firms may 82
include nonlicensee owners, the firm and its ownership shall 83
comply with rules promulgated by the board; 84
(2) Any certified public accounting firm may include 85
owners who are not licensees provided that: 86
(a) The firm designates a licensee of this state, or 87
in the case of a firm which must have a permit under this 88
section designates a licensee of another state who meets the 89
requirements of section 326.283, who is responsible for the 90
proper registration of the firm and identifies that 91
individual to the board; 92
(b) All nonlicensee owners are active individual 93
participants in the certified public accounting firm or 94
affiliated entities; 95
(c) All owners are of good moral character; and 96
(d) The firm complies with other requirements as the 97
board may impose by rule; 98
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(3) Any licensee who is responsible for supervising 99
attest services, or signs or authorizes someone to sign the 100
licensee's report on the financial statements on behalf of 101
the firm, shall meet competency requirements as determined 102
by the board by rule which shall include one year of 103
experience in addition to the experience required under 104
subdivision (6) of subsection 1 of section 326.280 and shall 105
be verified by a licensee. The additional experience 106
required by this subsection shall include experience in 107
attest work supervised by a licensee. 108
5. An applicant for initial issuance or renewal of a 109
permit to practice shall register each office of the firm 110
within this state with the board and show that all attest 111
and compilation services rendered in this state are under 112
the charge of a licensee. 113
6. No licensee or firm holding a permit under this 114
chapter shall use a professional or firm name or designation 115
that is misleading as to: 116
(1) The legal form of the firm; 117
(2) The persons who are partners, officers, members, 118
managers or shareholders of the firm; or 119
(3) Any other matter. 120
The names of one or more former partners, members or 121
shareholders may be included in the name of a firm or its 122
successor unless the firm becomes a sole proprietorship 123
because of the death or withdrawal of all other partners, 124
officers, members or shareholders. A firm may use a 125
fictitious name if the fictitious name is registered with 126
the board and is not otherwise misleading. The name of a 127
firm shall not include the name or initials of an individual 128
who is not a present or a past partner, member or 129
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shareholder of the firm or its predecessor. The name of the 130
firm shall not include the name of an individual who is not 131
a licensee. 132
7. Applicants for initial issuance or renewal of 133
permits shall list in their application all states in which 134
they have applied for or hold permits as certified public 135
accounting firms and list any past denial, revocation, 136
suspension or any discipline of a permit by any other 137
state. Each holder of or applicant for a permit under this 138
section shall notify the board in writing within thirty days 139
after its occurrence of any change in the identities of 140
partners, principals, officers, shareholders, members or 141
managers whose principal place of business is in this state; 142
any change in the number or location of offices within this 143
state; any change in the identity of the persons in charge 144
of such offices; and any issuance, denial, revocation, 145
suspension or any discipline of a permit by any other state. 146
8. Firms which fall out of compliance with the 147
provisions of this section due to changes in firm ownership 148
or personnel after receiving or renewing a permit shall take 149
corrective action to bring the firm back into compliance as 150
quickly as possible. The board may grant a reasonable 151
period of time for a firm to take such corrective action. 152
Failure to bring the firm back into compliance within a 153
reasonable period as defined by the board may result in the 154
suspension or revocation of the firm permit. 155
9. The board shall require by rule, as a condition to 156
the renewal of permits, that firms undergo, no more 157
frequently than once every three years, peer reviews 158
conducted in a manner as the board shall specify. The 159
review shall include a verification that individuals in the 160
firm who are responsible for supervising attest and 161
HCS SS#2 SB 1233 43
compilation services or sign or authorize someone to sign 162
the accountant's report on the financial statements on 163
behalf of the firm meet the competency requirements set out 164
in the professional standards for such services, provided 165
that any such rule: 166
(1) Shall include reasonable provision for compliance 167
by a firm showing that it has within the preceding three 168
years undergone a peer review that is [a satisfactory 169
equivalent] comparable to peer review generally required 170
under this subsection; 171
(2) May require, with respect to peer reviews, that 172
peer reviews be subject to oversight by an oversight body 173
established or sanctioned by board rule, which shall 174
periodically report to the board on the effectiveness of the 175
review program under its charge and provide to the board a 176
listing of firms that have participated in a peer review 177
program that is satisfactory to the board; and 178
(3) Shall require, with respect to peer reviews, that 179
the peer review processes be operated and documents 180
maintained in a manner designed to preserve confidentiality, 181
and that the board or any third party other than the 182
oversight body shall not have access to documents furnished 183
or generated in the course of the peer review of the firm 184
except as provided in subdivision (2) of this subsection. 185
10. The board may, by rule, charge a fee for oversight 186
of peer reviews, provided that the fee charged shall be 187
[substantially equivalent] comparable to the cost of 188
oversight. 189
11. Notwithstanding any other provision in this 190
section, the board may obtain the following information 191
regarding peer review from any approved American Institute 192
for Certified Public Accountants peer review program: 193
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(1) The firm's name and address; 194
(2) The firm's dates of enrollment in the program; 195
(3) The date of acceptance and the period covered by 196
the firm's most recently accepted peer review; and 197
(4) If applicable, whether the firm's enrollment in 198
the program has been dropped or terminated. 199
12. In connection with proceedings before the board or 200
upon receipt of a complaint involving the licensee 201
performing peer reviews, the board shall not have access to 202
any documents furnished or generated in the course of the 203
performance of the peer reviews except for peer review 204
reports, letters of comment and summary review memoranda. 205
The documents shall be furnished to the board only in a 206
redacted manner that does not specifically identify any firm 207
or licensee being peer reviewed or any of their clients. 208
13. The peer review processes shall be operated and 209
the documents generated thereby be maintained in a manner 210
designed to preserve their confidentiality. No third party, 211
other than the oversight body, the board, subject to the 212
provisions of subsection 12 of this section, or the 213
organization performing peer review shall have access to 214
documents furnished or generated in the course of the 215
review. All documents shall be privileged and closed 216
records for all purposes and all meetings at which the 217
documents are discussed shall be considered closed meetings 218
under subdivision (1) of section 610.021. The proceedings, 219
records and workpapers of the board and any peer review 220
subjected to the board process shall be privileged and shall 221
not be subject to discovery, subpoena or other means of 222
legal process or introduction into evidence at any civil 223
action, arbitration, administrative proceeding or board 224
proceeding. No member of the board or person who is 225
HCS SS#2 SB 1233 45
involved in the peer review process shall be permitted or 226
required to testify in any civil action, arbitration, 227
administrative proceeding or board proceeding as to any 228
matters produced, presented, disclosed or discussed during 229
or in connection with the peer review process or as to any 230
findings, recommendations, evaluations, opinions or other 231
actions of such committees or any of its members; provided, 232
however, that information, documents or records that are 233
publicly available shall not be subject to discovery or use 234
in any civil action, arbitration, administrative proceeding 235
or board proceeding merely because they were presented or 236
considered in connection with the peer review process. 237
326.292. 1. Only licensees may issue a report on 1
financial statements of any person, firm, organization or 2
governmental unit or offer to render or render any attest 3
service. Such restriction shall not prohibit any act of a 4
public official or public employee in the performance of the 5
person's duties as such; nor prohibit the performance by any 6
nonlicensee of other services involving the use of 7
accounting skills, including the preparation of tax returns, 8
management advisory services and the preparation of 9
nonattest financial statements. Nonlicensees may prepare 10
financial statements and issue nonattest transmittals or 11
information thereon which do not purport to be in compliance 12
with the Statements on Standards for Accounting and Review 13
Services (SSARS). 14
2. Only certified public accountants shall use or 15
assume the title certified public accountant, or the 16
abbreviation CPA or any other title, designation, words, 17
letters, abbreviation, sign, card or device tending to 18
indicate that such person is a certified public accountant. 19
Nothing in this section shall prohibit: 20
HCS SS#2 SB 1233 46
(1) A certified public accountant whose certificate 21
was in full force and effect, issued pursuant to the laws of 22
this state prior to August 28, 2001, and who does not engage 23
in the practice of public accounting, auditing, bookkeeping 24
or any similar occupation, from using the title certified 25
public accountant or abbreviation CPA; 26
(2) A person who holds a certificate, then in force 27
and effect, issued pursuant to the laws of this state prior 28
to August 28, 2001, and who is regularly employed by or is a 29
director or officer of a corporation, partnership, 30
association or business trust, in his or her capacity as 31
such, from signing, delivering or issuing any financial, 32
accounting or related statement, or report thereon relating 33
to such corporation, partnership, association or business 34
trust provided the capacity is so designated, and provided 35
in the signature line the title CPA or certified public 36
accountant is not designated. 37
3. No firm shall provide attest or compilation 38
services or assume or use the title certified public 39
accountants or the abbreviation CPAs, or any other title, 40
designation, words, letters, abbreviation, sign, card or 41
device tending to indicate that such firm is a certified 42
public accounting firm unless: 43
(1) The firm holds a valid permit [issued under 44
section 326.289] or is a firm exempt from the permit 45
requirement under [subdivisions (2) and (3) of subsection 1 46
of] section 326.289 and complies with all other applicable 47
provisions of that section; and 48
(2) Ownership of the firm is in accord with section 49
326.289 and rules promulgated by the board. 50
4. Only persons holding a valid license or permit 51
issued under section 326.280 or 326.289, or persons 52
HCS SS#2 SB 1233 47
qualifying for the privilege to practice under section 53
326.283, and firms exempt from the permit requirement under 54
subsection 1 of section 326.289, shall assume or use the 55
title certified accountant, chartered accountant, enrolled 56
accountant, licensed accountant, registered accountant, 57
accredited accountant or any other title or designation 58
likely to be confused with the titles certified public 59
accountant or public accountant, or use any of the 60
abbreviations CA, LA, RA, AA or similar abbreviation likely 61
to be confused with the abbreviation CPA or PA. The title 62
enrolled agent or EA shall only be used by individuals so 63
designated by the Internal Revenue Service. Nothing in this 64
section shall prohibit the use or issuance of a title for 65
nonattest services provided that the organization and the 66
title issued by the organization existed prior to August 28, 67
2001. 68
5. (1) Nonlicensees shall not use language in any 69
statement relating to the financial affairs of a person or 70
entity that is conventionally used by certified public 71
accountants in reports on financial statements. 72
Nonlicensees may use the following safe harbor language: 73
(a) For compilations: 74
"I (We) have prepared the accompanying (financial 75
statements) of (name of entity) as of (time period) for the 76
(period) then ended. This presentation is limited to 77
preparing in the form of a financial statement information 78
that is the representation of management (owners). I (We) 79
have not audited or reviewed the accompanying financial 80
statements and accordingly do not express an opinion or any 81
other form of assurance on them." 82
(b) For reviews: 83
HCS SS#2 SB 1233 48
"I (We) reviewed the accompanying (financial 84
statements) of (name of entity) as of (time period) for the 85
(period) then ended. These financial statements 86
(information) are (is) the responsibility of the company's 87
management. I (We) have not audited the accompanying 88
financial statements and accordingly do not express an 89
opinion or any other form of assurance on them.". 90
(2) Only persons or firms holding a valid license or 91
permit issued under section 326.280 or 326.289 shall assume 92
or use any title or designation that includes the words 93
accountant or accounting in connection with any other 94
language, including the language of a report, that implies 95
that the person or firm holds a license or permit or has 96
special competence as an accountant or auditor; provided, 97
however, that this subsection shall not prohibit any 98
officer, partner, principal, member, manager or employee of 99
any firm or organization from affixing such person's own 100
signature to any statement in reference to the financial 101
affairs of the firm or organization with any wording 102
designating the position, title or office that the person 103
holds therein nor prohibit any act of a public official or 104
employee in the performance of the person's duties as such. 105
Nothing in this subsection shall prohibit the singular use 106
of "accountant" or "accounting" for nonattest purposes. 107
6. Licensees signing or authorizing someone to sign 108
reports on financial statements when performing attest or 109
compilation services shall provide those services in 110
accordance with professional standards as determined by the 111
board by rule. 112
7. No licensee or firm holding a permit under sections 113
326.280 to 326.289 shall use a professional or firm name or 114
designation that is misleading about the legal form of the 115
HCS SS#2 SB 1233 49
firm, or about the persons who are partners, principals, 116
officers, members, managers or shareholders of the firm, or 117
about any other matter. 118
8. None of the foregoing provisions of this section 119
shall apply to a person or firm holding a certification, 120
designation, degree or license granted in a foreign country 121
entitling the holder to engage in the practice of public 122
accounting or its equivalent in the country whose activities 123
in this state are limited to the provision of professional 124
services to persons or firms who are residents of, 125
governments of, or business entities of the country in which 126
the person holds the entitlement, who performs no attest or 127
compilation services and who issues no reports with respect 128
to the financial statements of any other persons, firms or 129
governmental units in this state, and who does not use in 130
this state any title or designation other than the one under 131
which the person practices in such country, followed by a 132
translation of such title or designation into the English 133
language, if it is in a different language, and by the name 134
of such country. 135
9. No licensee shall perform attest or compilation 136
services through any certified public accounting firm that 137
does not hold a valid permit issued under section 326.289. 138
10. Nothing herein shall prohibit a practicing 139
attorney or firm of attorneys from preparing or presenting 140
records or documents customarily prepared by an attorney or 141
firm of attorneys in connection with the attorney's 142
professional work in the practice of law. 143
11. Nothing herein shall prohibit any trustee, 144
executor, administrator, referee or commissioner from 145
signing and certifying financial reports incident to his or 146
her duties in that capacity. 147
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12. Nothing herein shall prohibit any director or 148
officer of a corporation, partner or a partnership, sole 149
proprietor of a business enterprise, member of a joint 150
venture, member of a committee appointed by stockholders, 151
creditors or courts, or an employee of any of the foregoing, 152
in his or her capacity as such, from signing, delivering or 153
issuing any financial, accounting or related statement, or 154
report thereon, relating to the corporation, partnership, 155
business enterprise, joint venture or committee, provided 156
the capacity is designated on the statement or report. 157
13. (1) A licensee shall not for a commission 158
recommend or refer to a client any product or service, or 159
for a commission recommend or refer any product or service 160
to be supplied by a client, or receive a commission, when 161
the licensee also performs for that client: 162
(a) Attest services; or 163
(b) A compilation of a financial statement when the 164
licensee expects, or reasonably may expect, that a third 165
party will use the financial statement and the licensee's 166
compilation report does not disclose a lack of independence; 167
or 168
(c) An examination of prospective financial 169
information. 170
Such prohibition applies during the period in which the 171
licensee is engaged to perform any of the services listed 172
above and the period covered by any historical financial 173
statements involved in such listed services. 174
(2) A licensee who is not prohibited by this section 175
from performing services for or receiving a commission and 176
who is paid or expects to be paid a commission shall 177
disclose in writing that fact to any person or entity to 178
HCS SS#2 SB 1233 51
whom the licensee recommends or refers a product or service 179
to which the commission relates. 180
(3) Any licensee who accepts a referral fee for 181
recommending or referring any service of a licensee to any 182
person or entity or who pays a referral fee to obtain a 183
client shall disclose in writing the acceptance or payment 184
to the client. 185
14. (1) A licensee shall not: 186
(a) Perform for a contingent fee any professional 187
services for, or receive a fee from, a client for whom the 188
licensee or the licensees's firm performs: 189
a. Attest services; 190
b. A compilation of a financial statement when the 191
licensee expects, or reasonably might expect, that a third 192
party will use the financial statement and the licensee's 193
compilation report does not disclose a lack of independence; 194
or 195
c. An examination of prospective financial information; 196
(b) Prepare an original tax return or claim for a tax 197
refund for a contingent fee for any client; or 198
(c) Prepare an amended tax return or claim for a tax 199
refund for a contingent fee for any client, unless permitted 200
by board rule. 201
(2) The prohibition in subdivision (1) of this 202
subsection applies during the period in which the licensee 203
is engaged to perform any of those services and the period 204
covered by any historical financial statements involved in 205
any services. 206
(3) A contingent fee is a fee established for the 207
performance of any service pursuant to an arrangement in 208
which no fee will be charged unless a specified finding or 209
result is attained, or in which the amount of the fee is 210
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otherwise dependent upon the finding or result of the 211
service. Solely for purposes of this section, fees are not 212
regarded as being contingent if fixed by courts or other 213
public authorities, or, in tax matters, if determined based 214
on the results of judicial proceedings or the findings of 215
governmental agencies. A licensee's fees may vary 216
depending, for example, on the complexity of services 217
rendered. 218
15. Any person who violates any provision of 219
subsections 1 to 5 of this section shall be guilty of a 220
class A misdemeanor. Whenever the board has reason to 221
believe that any person has violated this section it may 222
certify the facts to the attorney general of this state or 223
bring other appropriate proceedings. 224
327.011. As used in this chapter, the following words 1
and terms shall have the meanings indicated: 2
(1) "Accredited degree program from a school of 3
architecture", a degree from any school or other institution 4
which teaches architecture and whose curricula for the 5
degree in question have been, at the time in question, 6
certified as accredited by the National Architectural 7
Accrediting Board; 8
(2) "Accredited degree program from a school of 9
interior design", a degree from any school or other 10
institution which teaches interior design and whose 11
curricula for the degree in question have been, at the time 12
in question, certified as accredited by the Council for 13
Interior Design Accreditation or an accreditation body 14
recognized by the United States Department of Education; 15
(3) "Accredited school of engineering", any school or 16
other institution which teaches engineering and whose 17
curricula on the subjects in question are or have been, at 18
HCS SS#2 SB 1233 53
the time in question certified as accredited by the 19
engineering accreditation commission of the accreditation 20
board for engineering and technology or its successor 21
organization; 22
[(3)] (4) "Accredited school of landscape 23
architecture", any school or other institution which teaches 24
landscape architecture and whose curricula on the subjects 25
in question are or have been at the times in question 26
certified as accredited by the Landscape Architecture 27
Accreditation Board of the American Society of Landscape 28
Architects; 29
[(4)] (5) "Architect", any person authorized pursuant 30
to the provisions of this chapter to practice architecture 31
in Missouri, as the practice of architecture is defined in 32
section 327.091; 33
[(5)] (6) "Board", the Missouri board for architects, 34
professional engineers, professional land surveyors [and], 35
professional landscape architects, and licensed interior 36
designers; 37
[(6)] (7) "Corporation", any general business 38
corporation, professional corporation or limited liability 39
company; 40
[(7)] (8) "Design coordination", the review and 41
coordination of technical submissions prepared by others 42
including, as appropriate and without limitation, 43
architects, professional engineers, professional land 44
surveyors, professional landscape architects, licensed 45
interior designers, and other consultants; 46
[(8)] (9) "Design survey", a survey which includes all 47
activities required to gather information to support the 48
sound conception, planning, design, construction, 49
maintenance, and operation of design projects, but excludes 50
HCS SS#2 SB 1233 54
the surveying of real property for the establishment of land 51
boundaries, rights-of-way, easements, and the dependent or 52
independent surveys or resurveys of the public land survey 53
system; 54
[(9)] (10) "Incidental practice", the performance of 55
other professional services licensed under this chapter that 56
are related to a licensee's professional service, but are 57
secondary and substantially less in scope and magnitude when 58
compared to the professional services usually and normally 59
performed by the licensee practicing in their licensed 60
profession. This incidental professional service shall be 61
safely and competently performed by the licensee without 62
jeopardizing the health, safety, and welfare of the public. 63
The licensee shall be qualified by education, training, and 64
experience as determined by the board and in sections 65
327.091, 327.181, 327.272, [and] 327.600, and 327.700 and 66
applicable board rules to perform such incidental 67
professional service; 68
(11) "Licensed interior designer", any person 69
authorized pursuant to the provisions of this chapter to 70
practice as a licensed interior designer in Missouri, as the 71
practice of licensed interior design is defined in section 72
327.700; 73
[(10)] (12) "Licensee", a person licensed to practice 74
any profession regulated under this chapter or a corporation 75
authorized to practice any such profession; 76
[(11)] (13) "Partnership", any partnership or limited 77
liability partnership; 78
[(12)] (14) "Person", any individual, corporation, 79
firm, partnership, association or other entity authorized to 80
do business; 81
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[(13)] (15) "Professional engineer", any person 82
authorized pursuant to the provisions of this chapter to 83
practice as a professional engineer in Missouri, as the 84
practice of engineering is defined in section 327.181; 85
[(14)] (16) "Professional land surveyor", any person 86
authorized pursuant to the provisions of this chapter to 87
practice as a professional land surveyor in Missouri as the 88
practice of land surveying is defined in section 327.272; 89
[(15)] (17) "Professional landscape architect", any 90
person authorized pursuant to the provisions of this chapter 91
to practice as a professional landscape architect in 92
Missouri as the practice of professional landscape 93
architecture is defined in section 327.600; 94
[(16)] (18) "Responsible charge", the independent 95
direct control of a licensee's work and personal supervision 96
of such work pertaining to the practice of architecture, 97
engineering, land surveying, [or] landscape architecture, or 98
interior design. 99
327.031. 1. The "Missouri Board for Architects, 1
Professional Engineers, Professional Land Surveyors [and], 2
Professional Landscape Architects, and Licensed Interior 3
Designers" is hereby established and shall consist of 4
[fifteen] seventeen members: a chairperson, who may be 5
either an architect, a professional engineer, a professional 6
land surveyor, [or] a professional landscape architect, or a 7
licensed interior designer; three architects, who shall 8
constitute the architectural division of the board; four 9
professional engineers, who shall constitute its 10
professional engineering division; three professional land 11
surveyors, who shall constitute its professional land 12
surveying division; three professional landscape architects, 13
who shall constitute its professional landscape 14
HCS SS#2 SB 1233 56
architectural division; two licensed interior designers, who 15
shall constitute its licensed interior design division; and 16
a voting public member. 17
2. After receiving his or her commission and before 18
entering upon the discharge of his or her official duties, 19
each member of the board shall take, subscribe to and file 20
in the office of the secretary of state the official oath 21
required by the constitution. 22
3. The chairperson shall be the administrative and 23
executive officer of the board, and it shall be his or her 24
duty to supervise and expedite the work of the board and its 25
divisions, and, at his or her election, when a tie exists 26
between the divisions of the board, to break the tie by 27
recording his or her vote for or against the action upon 28
which the divisions are in disagreement. Each member of the 29
architectural division shall have one vote when voting on an 30
action pending before the board; each member of the 31
professional engineering division shall have one vote when 32
voting on an action pending before the board; each member of 33
the professional land surveying division shall have one vote 34
when voting on an action pending before the board; [and] 35
each member of the professional landscape architectural 36
division shall have one vote when voting on an action 37
pending before the board; and each member of the licensed 38
interior design division shall have one vote when voting on 39
an action pending before the board. Every motion or 40
proposed action upon which the divisions of the board are 41
tied shall be deemed lost, and the chairperson shall so 42
declare, unless the chairperson shall elect to break the tie 43
as provided in this section. [Eight] Nine voting members of 44
the board, including at least one member of each division, 45
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shall constitute a quorum, respectively, for the transaction 46
of board business. 47
4. Each division of the board shall, at its first 48
meeting in each even-numbered year, elect one of its members 49
as division chairperson for a term of two years. Two voting 50
members of each division of the board shall constitute a 51
quorum for the transaction of division business. The 52
chairpersons of the architectural division, professional 53
engineering division, professional land surveying division, 54
[and] professional landscape architectural division, and 55
licensed interior design division so elected shall be vice 56
chairpersons of the board[, and]. When the chairperson of 57
the board is an architect, the chairperson of the 58
architectural division shall be the ranking vice 59
chairperson[, and]; when the chairperson of the board is a 60
professional engineer, the chairperson of the professional 61
engineering division shall be the ranking vice 62
chairperson[,]; when the chairperson of the board is a 63
professional land surveyor, the chairperson of the 64
professional land surveying division shall be the ranking 65
vice chairperson[, and]; when the chairperson of the board 66
is a professional landscape architect, the chairperson of 67
the professional landscape architectural division shall be 68
the ranking vice chairperson; and when the chairperson of 69
the board is a licensed interior designer, the chairperson 70
of the licensed interior design division shall be the 71
ranking vice chairperson. The chairperson of each division 72
shall be the administrative and executive officer of his or 73
her division, and it shall be his or her duty to supervise 74
and expedite the work of the division, and, in case of a tie 75
vote on any matter, the chairperson shall, at his or her 76
election, break the tie by his or her vote. Every motion or 77
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question pending before the division upon which a tie exists 78
shall be deemed lost, and so declared by the chairperson of 79
the division, unless the chairperson shall elect to break 80
such tie by his or her vote. 81
5. (1) Any person appointed to the board, except a 82
public member, shall be a currently licensed architect, 83
licensed professional engineer, licensed professional land 84
surveyor [or], licensed professional landscape architect, or 85
licensed interior designer in Missouri, as the vacancy on 86
the board may require, who has been a resident of Missouri 87
for at least five years, who has been engaged in active 88
practice as an architect, professional engineer, 89
professional land surveyor [or], professional landscape 90
architect, or licensed interior designer, as the case may 91
be, for at least ten consecutive years as a Missouri 92
licensee immediately preceding such person's appointment, 93
and who is and has been a citizen of the United States for 94
at least five years immediately preceding such person's 95
appointment. 96
(2) (a) Active service as a faculty member while 97
holding the rank of assistant professor or higher in an 98
accredited school of engineering shall be regarded as active 99
practice of engineering, for the purposes of this chapter. 100
(b) Active service as a faculty member, after meeting 101
the qualifications required by section 327.314, while 102
holding the rank of assistant professor or higher in an 103
accredited school of engineering and teaching land surveying 104
courses shall be regarded as active practice of land 105
surveying for the purposes of this chapter. 106
(c) Active service as a faculty member while holding 107
the rank of assistant professor or higher in an accredited 108
school of landscape architecture shall be regarded as active 109
HCS SS#2 SB 1233 59
practice of landscape architecture, for the purposes of this 110
chapter. 111
(d) Active service as a faculty member while holding 112
the rank of assistant professor or higher in an accredited 113
school of architecture shall be regarded as active practice 114
of architecture for the purposes of this chapter; provided, 115
however, that no faculty member of an accredited school of 116
architecture shall be eligible for appointment to the board 117
unless such person has had at least three years' experience 118
in the active practice of architecture other than in 119
teaching. 120
(e) Active service as a faculty member while holding 121
the rank of assistant professor or higher in an accredited 122
school of interior design shall be regarded as active 123
practice of licensed interior design for the purposes of 124
this chapter, provided that no faculty member of an 125
accredited school of interior design shall be eligible for 126
appointment to the board unless such person has had at least 127
three years of experience in the active practice of licensed 128
interior design other than in teaching. 129
(3) The public member shall be, at the time of 130
appointment, a citizen of the United States; a resident of 131
this state for a period of one year and a registered voter; 132
a person who is not and never was a member of any profession 133
licensed or regulated pursuant to this chapter or the spouse 134
of such person; and a person who does not have and never has 135
had a material, financial interest in either the providing 136
of the professional services regulated by this chapter, or 137
an activity or organization directly related to any 138
profession licensed or regulated pursuant to this chapter. 139
All members, including public members, shall be chosen from 140
lists submitted by the director of the division of 141
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professional registration. The duties of the public member 142
shall not include the determination of the technical 143
requirements to be met for licensure or whether any person 144
meets such technical requirements or of the technical 145
competence or technical judgment of a licensee or a 146
candidate for licensure. 147
6. The governor shall appoint the chairperson and the 148
other members of the board when a vacancy occurs either by 149
the expiration of a term or otherwise, and each board member 150
shall serve until such member's successor is appointed and 151
has qualified. The position of chairperson shall rotate 152
sequentially with an architect, then professional engineer, 153
then professional land surveyor, then licensed interior 154
designer, and then professional landscape architect, and 155
shall be a licensee who has previously served as a member of 156
the board. The appointment of the chairperson shall be for 157
a term of four years which shall be deemed to have begun on 158
the date of his or her appointment and shall end upon the 159
appointment of the chairperson's successor. The chairperson 160
shall not serve more than one term. All other appointments, 161
except to fill an unexpired term, shall be for terms of four 162
years; but no person shall serve on the board for more than 163
two consecutive four-year terms, and each four-year term 164
shall be deemed to have begun on the date of the expiration 165
of the term of the board member who is being replaced or 166
reappointed, as the case may be. Any appointment to the 167
board which is made when the senate is not in session shall 168
be submitted to the senate for its advice and consent at its 169
next session following the date of the appointment. 170
7. In the event that a vacancy is to occur on the 171
board because of the expiration of a term, then ninety days 172
prior to the expiration, or as soon as feasible after a 173
HCS SS#2 SB 1233 61
vacancy otherwise occurs, the president of the American 174
Institute of Architects/Missouri if the vacancy to be filled 175
requires the appointment of an architect, the president of 176
the Missouri Society of Professional Engineers if the 177
vacancy to be filled requires the appointment of a 178
professional engineer, the president of the Missouri Society 179
of Professional Surveyors if the vacancy to be filled 180
requires the appointment of a professional land surveyor, 181
[and] the president of the Missouri Association of Landscape 182
Architects if the vacancy to be filled requires the 183
appointment of a professional landscape architect, and the 184
president or other chief executive of any Missouri chapter 185
of the International Interior Design Association if the 186
vacancy to be filled requires the appointment of a licensed 187
interior designer, shall submit to the director of the 188
division of professional registration a list of five 189
architects [or], five professional engineers, [or] five 190
professional land surveyors, [or] five professional 191
landscape architects, or five licensed interior designers, 192
as the case may require, qualified and willing to fill the 193
vacancy in question, with the recommendation that the 194
governor appoint one of the five persons so listed; and with 195
the list of names so submitted, the president or other chief 196
executive of the appropriate organization shall include in a 197
letter of transmittal a description of the method by which 198
the names were chosen. This subsection shall not apply to 199
public member vacancies. 200
8. The board may sue and be sued as the Missouri board 201
for architects, professional engineers, professional land 202
surveyors [and], professional landscape architects, and 203
licensed interior designers, and its members need not be 204
named as parties. Members of the board shall not be 205
HCS SS#2 SB 1233 62
personally liable either jointly or severally for any act or 206
acts committed in the performance of their official duties 207
as board members, nor shall any board member be personally 208
liable for any court costs which accrue in any action by or 209
against the board. 210
9. Upon appointment by the governor and confirmation 211
by the senate of the two licensed interior designers to be 212
first appointed to the interior design division of the 213
board, the interior design council shall be abolished and 214
all of its powers, duties, and responsibilities shall be 215
transferred and imposed upon the board pursuant to this 216
section. Every act performed by or under the authority of 217
the board shall be deemed to have the same force and effect 218
as if performed by the interior design council pursuant to 219
the authority granted to the interior design council prior 220
to August 28, 2026. All rules of the interior design 221
council shall continue in effect and shall be deemed to be 222
duly adopted by the board until such rules are revised, 223
amended, or repealed by the board as provided by law, of 224
which such action shall be taken by the board on or before 225
January 1, 2027. 226
327.041. 1. The board shall have the duty and the 1
power to carry out the purposes and to enforce and 2
administer the provisions of this chapter, to require, by 3
summons or subpoena, with the vote of two-thirds of the 4
voting board members, the attendance and testimony of 5
witnesses, and the production of drawings, plans, plats, 6
specifications, books, papers or any document representing 7
any matter under hearing or investigation, pertaining to the 8
issuance, probation, suspension or revocation of 9
certificates of registration or certificates of authority 10
provided for in this chapter, or pertaining to the unlawful 11
HCS SS#2 SB 1233 63
practice of architecture, professional engineering, 12
professional land surveying [or], professional landscape 13
architecture, or licensed interior design. 14
2. The board shall, within the scope and purview of 15
the provisions of this chapter, prescribe the duties of its 16
officers and employees and adopt, publish and enforce the 17
rules and regulations of professional conduct which shall 18
establish and maintain appropriate standards of competence 19
and integrity in the professions of architecture, 20
professional engineering, professional land surveying [and], 21
professional landscape architecture, and licensed interior 22
design, and adopt, publish and enforce procedural rules and 23
regulations as may be considered by the board to be 24
necessary or proper for the conduct of the board's business 25
and the management of its affairs, and for the effective 26
administration and interpretation of the provisions of this 27
chapter. Any rule or portion of a rule, as that term is 28
defined in section 536.010, that is created under the 29
authority delegated in this chapter shall become effective 30
only if it complies with and is subject to all of the 31
provisions of chapter 536 and, if applicable, section 32
536.028. This section and chapter 536 are nonseverable and 33
if any of the powers vested with the general assembly 34
pursuant to chapter 536 to review, to delay the effective 35
date or to disapprove and annul a rule are subsequently held 36
unconstitutional, then the grant of rulemaking authority and 37
any rule proposed or adopted after August 28, 2001, shall be 38
invalid and void. 39
3. Rules promulgated by the board pursuant to sections 40
327.272 to 327.635 shall be consistent with and shall not 41
supersede the rules promulgated by the department of natural 42
resources pursuant to chapter 60. 43
HCS SS#2 SB 1233 64
327.081. 1. All funds received pursuant to the 1
provisions of this chapter shall be deposited in the state 2
treasury to the credit of the "State Board for Architects, 3
Professional Engineers, Professional Land Surveyors [and], 4
Professional Landscape Architects, and Licensed Interior 5
Designers Fund" which is hereby established. All 6
expenditures authorized by this chapter shall be paid from 7
funds appropriated to the board by the general assembly from 8
this fund. 9
2. The provisions of section 33.080 to the contrary 10
notwithstanding, money in this fund shall not be transferred 11
and placed to the credit of general revenue until the amount 12
in the fund at the end of the biennium exceeds two times the 13
amount of the appropriation from the board's funds for the 14
preceding fiscal year or, if the board requires by rule 15
permit renewal less frequently than yearly, then three times 16
the appropriation from the board's funds for the preceding 17
fiscal year. The amount, if any, in the fund which shall 18
lapse is that amount in the fund which exceeds the 19
appropriate multiple of the appropriations from the board's 20
funds for the preceding fiscal year. 21
3. Upon appointment by the governor and confirmation 22
by the senate of the two licensed interior designers to be 23
first appointed to the interior design division of the 24
board, all moneys in the interior designer council fund 25
shall be transferred to the state board for architects, 26
professional engineers, professional land surveyors, 27
professional landscape architects, and licensed interior 28
designers fund. The interior designer council fund shall be 29
abolished upon the transfer of all moneys in the fund to the 30
state board for architects, professional engineers, 31
HCS SS#2 SB 1233 65
professional land surveyors, professional landscape 32
architects, and licensed interior designers fund. 33
327.381. The board may license, in its discretion, any 1
architect, professional engineer, professional land 2
surveyor, or professional landscape architect who is 3
licensed, or any interior designer who is licensed, 4
certified, or registered, in another state or territory of 5
the United States, province of Canada, or in another 6
country, when such applicant has qualifications which are at 7
least equivalent to the requirements for licensure as an 8
architect, professional engineer, professional land 9
surveyor, [or] professional landscape architect, or licensed 10
interior designer in this state, and provided further that 11
the board may establish by rule the conditions under which 12
it shall require any such applicant to take any examination 13
it considers necessary, and provided further that any such 14
application is accompanied by the required fee. 15
327.411. 1. Each architect and each professional 1
engineer and each professional land surveyor and each 2
professional landscape architect and each licensed interior 3
designer shall have a personal seal in a form prescribed by 4
the board, and he or she shall affix the seal to all final 5
technical submissions. Technical submissions shall include, 6
but are not limited to, drawings, specifications, plats, 7
surveys, exhibits, reports, and certifications of 8
construction prepared by the licensee, or under such 9
licensee's immediate personal supervision. Such licensee 10
shall either prepare or personally supervise the preparation 11
of all documents sealed by the licensee, and such licensee 12
shall be held personally responsible for the contents of all 13
such documents sealed by such licensee, whether prepared or 14
drafted by another licensee or not. 15
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2. The personal seal of an architect or professional 16
engineer or professional land surveyor or professional 17
landscape architect or licensed interior designer shall be 18
the legal equivalent of the licensee's signature whenever 19
and wherever used, and the owner of the seal shall be 20
responsible for the architectural, engineering, land 21
surveying, [or] landscape architectural, or interior design 22
documents, as the case may be, when the licensee places his 23
or her personal seal on such technical submissions to be 24
used in connection with, any architectural or engineering 25
project, survey, [or] landscape architectural project, or 26
interior alteration or construction project, as such term is 27
defined in section 327.700. Licensees shall undertake to 28
perform architectural, professional engineering, 29
professional land surveying [and], professional landscape 30
architectural, and licensed interior design services only 31
when they are qualified by education, training, and 32
experience in the specific technical areas involved. 33
3. Notwithstanding any provision of this section, any 34
architect, professional engineer, professional land 35
surveyor, [or] professional landscape architect, or licensed 36
interior designer may, but is not required to, attach a 37
statement over his or her signature, authenticated by his or 38
her personal seal, specifying the particular technical 39
submissions, or portions thereof, intended to be 40
authenticated by the seal, and disclaiming any 41
responsibility for all other technical submissions relating 42
to or intended to be used for any part or parts of the 43
architectural or engineering project [or], survey [or], 44
landscape architectural project, or interior alteration or 45
construction project, as such term is defined in section 46
327.700. 47
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4. Nothing in this section, or any rule or regulation 48
of the board shall require any professional to seal 49
preliminary or incomplete documents. 50
327.442. 1. At such time as the final trial 1
proceedings are concluded whereby a licensee, or any person 2
who has failed to renew or has surrendered his or her 3
certificate of licensure or authority, has been finally 4
adjudicated and found guilty, or has entered a plea of 5
guilty or nolo contendere, in a [felony] criminal 6
prosecution pursuant to the laws of [this] any state, [the 7
laws of any other state, territory, or the laws] of the 8
United States [of America], or of any country for any 9
offense [reasonably] directly related to the 10
[qualifications, functions, or] duties [of a licensee 11
pursuant to this chapter or any felony offense, an essential 12
element of which is fraud, dishonesty, or an act of 13
violence, or for any felony offense involving moral 14
turpitude,] and responsibilities of the occupation, as set 15
forth in section 324.012, regardless of whether or not 16
sentence is imposed, the board for architects, professional 17
engineers, professional land surveyors [and], professional 18
landscape architects, and licensed interior designers may 19
hold a disciplinary hearing to singly or in combination 20
censure or place the licensee named in the complaint on 21
probation on such terms and conditions as the board deems 22
appropriate for a period not to exceed five years, or may 23
suspend, for a period not to exceed three years, or revoke 24
the license or certificate. 25
2. Anyone who has been revoked or denied a license or 26
certificate to practice in another state may automatically 27
be denied a license or certificate to practice in this 28
state. However, the board for architects, professional 29
HCS SS#2 SB 1233 68
engineers, professional land surveyors [and], professional 30
landscape architects, and licensed interior designers may 31
establish other qualifications by which a person may 32
ultimately be qualified and licensed to practice in Missouri. 33
327.451. 1. Any person who believes that an architect 1
or a professional engineer or a professional land surveyor 2
or a professional landscape architect or a licensed interior 3
designer has acted or failed to act so that his or her 4
license or certificate of authority should, pursuant to the 5
provisions of this chapter, be suspended or revoked, or who 6
believes that any applicant for a license or certificate of 7
authority pursuant to the provisions of this chapter is not 8
entitled to a license or a certificate of authority, may 9
file a written affidavit with the executive director of the 10
board which the affiant shall sign and swear to and in which 11
the affiant shall clearly set forth the reasons for the 12
affiant's charge or charges that the license or certificate 13
of authority of an architect or professional engineer or 14
professional land surveyor or professional landscape 15
architect or licensed interior designer should be suspended 16
or revoked or not renewed or that a license or certificate 17
of authority should not be issued to an applicant. 18
2. If the affidavit so filed does not contain 19
statements of fact which if true would authorize, pursuant 20
to the provisions of this chapter, suspension or revocation 21
of the accused's license or certificate of authority, or 22
does not contain statements of fact which if true would 23
authorize, pursuant to the provisions of this chapter, the 24
refusal of the renewal of an existing license or certificate 25
of authority or the refusal of a license or certificate of 26
authority to an applicant, the board shall either dismiss 27
the charge or charges or, within its discretion, cause an 28
HCS SS#2 SB 1233 69
investigation to be made of the charges contained in the 29
affidavit, after which investigation the board shall either 30
dismiss the charge or charges or proceed against the accused 31
by written complaint as provided in subsection 3 of this 32
section. 33
3. If the affidavit contains statements of fact which 34
if true would authorize pursuant to the provisions of this 35
chapter the revocation or suspension of an accused's license 36
or certificate of authority, the board shall cause an 37
investigation to be made of the charge or charges contained 38
in the affidavit and unless the investigation discloses the 39
falsity of the facts upon which the charge or charges in the 40
affidavit are based, the board shall file with and in the 41
administrative hearing commission a written complaint 42
against the accused setting forth the cause or causes for 43
which the accused's license or certificate of authority 44
should be suspended or revoked. Thereafter, the board shall 45
be governed by and shall proceed in accordance with the 46
provisions of chapter 621. 47
4. If the charges contained in the affidavit filed 48
with the board would constitute a cause or causes for which 49
pursuant to the provisions of this chapter an accused's 50
license or certificate of authority should not be renewed or 51
a cause or causes for which pursuant to the provisions of 52
this chapter a certificate should not be issued, the board 53
shall cause an investigation to be made of the charge or 54
charges and unless the investigation discloses the falsity 55
of the facts upon which the charge or charges contained in 56
the affidavit are based, the board shall refuse to permit an 57
applicant to be examined upon the applicant's qualifications 58
for licensure or shall refuse to issue or renew a license or 59
certificate of authority, as the case may require. 60
HCS SS#2 SB 1233 70
5. The provisions of this section shall not be so 61
construed as to prevent the board on its own initiative from 62
instituting and conducting investigations and based thereon 63
to make written complaints in and to the administrative 64
hearing commission. 65
6. If for any reason the provisions of chapter 621 66
become inapplicable to the board, then, and in that event, 67
the board shall proceed to charge, adjudicate and otherwise 68
act in accordance with the provisions of chapter 536. 69
[324.400.] 327.700. As used in sections [324.400 to 1
324.439] 327.700 to 327.750, the following terms mean: 2
(1) ["Council", the interior design council created in 3
section 324.406; 4
(2) "Division", the division of professional 5
registration; 6
(3) "Registered interior designer", a design 7
professional who provides services including preparation of 8
documents and specifications relative to nonload-bearing 9
interior construction, furniture, finishes, fixtures and 10
equipment and who meets the criteria of education, 11
experience and examination as provided in sections 324.400 12
to 324.439] "Building equipment", any mechanical, plumbing, 13
electrical, or structural components, including a 14
conveyance, designed for or located in a building or 15
structure; 16
(2) "Conveyance", an elevator, dumbwaiter, vertical 17
reciprocating conveyor, escalator, or other motorized 18
vertical transportation system; 19
(3) "Interior alteration or construction project", a 20
project, including construction, modification, renovation, 21
rehabilitation, or historic preservation, for an interior 22
HCS SS#2 SB 1233 71
space or area within a proposed or existing building or 23
structure that involves changing or altering: 24
(a) The design function or layout of a room; or 25
(b) The state of permanent fixtures or equipment; 26
(4) "Interior nonstructural element", an interior 27
design element that does not require structural bracing and 28
that is not load-bearing according to any applicable 29
building codes; 30
(5) "Interior technical submission", the designs, 31
drawings, and specifications that establish the scope of the 32
interior alteration or construction project, the standard of 33
quality for any materials, workmanship, equipment, and 34
construction systems of an interior alteration or 35
construction project, and the studies and other technical 36
reports and calculations prepared in the course of the 37
practice of licensed interior design; 38
(6) "Practice of licensed interior design", the design 39
of interior spaces as a part of an interior alteration or 40
construction project in conformity with public health, 41
safety, and welfare requirements, including the preparation 42
of documents relating to building code descriptions, project 43
egress plans that require no increase in the capacity of 44
exits in the space affected, space planning, and finish 45
materials, and the preparation of documents and interior 46
technical submissions relating to an interior alteration or 47
construction project. The term "practice of licensed 48
interior design": 49
(a) Shall include: 50
a. The programming, planning, pre-design analysis, and 51
conceptual design of any interior nonstructural elements 52
including, but not limited to, the selection of materials, 53
except for building equipment; 54
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b. The alteration or construction of any interior 55
nonstructural elements and any interior technical 56
submissions related to such alteration or construction; 57
c. The preparation of a physical plan of space within 58
a proposed or existing building or structure, including: 59
(i) Determinations of circulation systems or patterns; 60
(ii) Determinations of the location of exit 61
requirements based on occupancy loads; and 62
(iii) Assessments and analyses of any interior safety 63
factors to comply with applicable building codes related to 64
interior nonstructural elements; 65
d. The rendering of designs, plans, drawings, 66
specifications, contract documents, or other interior 67
technical submissions; and 68
e. The administration of the construction of interior 69
nonstructural elements and contracts relating to interior 70
nonstructural elements in the interior alteration or 71
construction of a proposed or existing building or 72
structure; and 73
(b) Shall not include: 74
a. Services or work that constitute the practice of 75
architecture, as provided in section 327.091, except as 76
otherwise provided for in this chapter; 77
b. Services or work that constitute the practice of 78
professional engineering, as provided in section 327.181; 79
c. Services or work that constitute the practice of 80
professional land surveying, as provided in section 327.272; 81
d. Services or work that constitute the practice of 82
professional landscape architecture, as defined in section 83
327.600; 84
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e. Altering or affecting the structural system and 85
seismic system of a building, including changing the 86
building's live or dead load on the structural system; 87
f. Changes to the building envelope, including 88
exterior walls, exterior wall coverings, exterior wall 89
openings, exterior windows or doors, architectural trim, 90
balconies and similar projections, bay or oriel windows, 91
roof assemblies and rooftop structures, and glass and 92
glazing for exterior use in both vertical, horizontal, and 93
sloped applications in buildings and structures; 94
g. Altering or affecting the mechanical, plumbing, 95
heating, air conditioning, ventilation, electrical, vertical 96
transportation, fire sprinkler, or fire alarm systems, and 97
any building elements, spaces, or areas that are for the 98
purpose of containing such systems; 99
h. Changes beyond the exit access component of a means 100
of egress system; 101
i. Construction that materially affects any life 102
safety systems pertaining to fire safety or fire protection 103
of structural elements, smoke evacuation and 104
compartmentalization systems, or fire-rated vertical shafts 105
in multi-story structures; 106
j. Changes to the existing use group for an occupancy; 107
k. Changes to the construction classification of the 108
building or structure according to any applicable building 109
codes; 110
l. Creating or modifying any atriums, floor openings, 111
community spaces, or vertical openings; or 112
m. Any person who renders services within the practice 113
of licensed interior design in connection with the 114
construction, remodeling, or repairing of any privately 115
owned building described in item (i), (ii), or (iii) of this 116
HCS SS#2 SB 1233 74
subparagraph, and who indicates on any drawings, 117
specifications, estimates, reports, or other documents 118
furnished in connection with the services within the 119
practice of licensed interior design that the person is not 120
a licensed interior designer: 121
(i) A dwelling house; 122
(ii) A multiple family dwelling house, flat, or 123
apartment containing not more than two families; or 124
(iii) Any one building or structure, except for those 125
buildings or structures used exclusively for agricultural 126
purposes, which provides for the employment, assembly, 127
housing, sleeping, or eating of not more than nine persons, 128
contains less than two thousand square feet, and is not part 129
of another building or structure. 130
[324.402.] 327.705. The state or any county, 1
municipality, or other political subdivision shall not 2
require the use of a [registered] licensed interior designer 3
for any residential building, residential remodeling, 4
residential rehabilitation, or residential construction 5
purposes. 6
[324.403.] 327.710. 1. No person may use the name or 1
title, [registered] licensed interior designer, in this 2
state unless that person is [registered] licensed as 3
required by sections [324.400 to 324.439] 327.700 to 327.750. 4
2. A licensed interior designer shall undertake to 5
perform services within the practice of licensed interior 6
design only when he or she is qualified by education, 7
training, and experience in the specific technical areas 8
involved. 9
3. Licensed interior designers shall be in responsible 10
charge of interior design technical submissions that can 11
affect the health, safety, and welfare of the public within 12
HCS SS#2 SB 1233 75
their scope of practice. Licensed interior designers shall 13
not take responsible charge over interior technical 14
submissions prepared by another person unless the licensed 15
interior designer reviewing such interior technical 16
submissions actually exercises personal supervision and 17
direct control over the interior technical submissions. 18
Nothing in [sections 324.400 to 324.439] this chapter shall 19
be construed as limiting or preventing the practice of a 20
person's interior design profession or restricting a person 21
from providing [interior design] services within the 22
practice of licensed interior design, provided such person 23
does not indicate to the public that such person is 24
[registered] licensed as an interior designer pursuant to 25
the provisions of sections [324.400 to 324.439] 327.700 to 26
327.750. 27
4. Nothing in this chapter shall be construed as in 28
any way precluding an architect from performing any of the 29
services included within the practice of licensed interior 30
design. 31
[324.409.] 327.720. 1. To be a [registered] licensed 1
interior designer, a person: 2
(1) Shall take and pass or have passed the examination 3
administered by the [National] Council for Interior Design 4
Qualification or an equivalent examination approved by the 5
[division] board. In addition to proof of passage of the 6
examination, the application shall provide substantial 7
evidence to the [division] board that the applicant: 8
(a) Is a graduate of a five-year or four-year 9
accredited degree program from a school of interior design 10
[program from an accredited institution] and has completed 11
at least two years of diversified and appropriate interior 12
design experience; or 13
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(b) [Has completed at least three years of an interior 14
design curriculum from an accredited institution and has 15
completed at least three years of diversified and 16
appropriate interior design experience; or 17
(c)] Is a graduate of a two-year accredited degree 18
program from a school of interior design [program from an 19
accredited institution] and has completed at least four 20
years of diversified and appropriate interior design 21
experience; or 22
(2) May qualify who is currently [registered] licensed 23
pursuant to sections 327.091 to 327.171, and section 327.401 24
pertaining to the practice of architecture [and registered 25
with the division. Such applicant shall give authorization 26
to the division in order to verify current registration with 27
sections 327.091 to 327.171 and section 327.401 pertaining 28
to the practice of architecture]. 29
2. An applicant whose curriculum or transcript has 30
been approved by the board shall be exempt from the 31
requirement to provide substantial evidence that the 32
applicant meets the requirements of paragraph (a) or (b) of 33
subdivision (1) of subsection 1 of this section. 34
3. The [division] board shall verify if an applicant 35
has complied with the provisions of this section and has 36
paid the required fees, then the [division] board shall 37
recommend such applicant be [registered] licensed as a 38
[registered] licensed interior designer by the [division] 39
board. 40
[324.415.] 327.725. Applications for [registration] 1
licensure as a [registered] licensed interior designer shall 2
be typewritten on forms prescribed by the [division] board 3
and furnished to the applicant. The application shall 4
contain the applicant's statements showing the applicant's 5
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education, experience, results of previous interior design 6
certification, registration, or licensing examinations, if 7
any, and such other pertinent information as the [division] 8
board may require, or architect's license or registration 9
number and such other pertinent information as the 10
[division] board may require. Each application shall 11
contain a statement that is made under oath or affirmation 12
and that the representations are true and correct to the 13
best knowledge and belief of the person signing the 14
application. The person shall be subject to the penalties 15
for making a false affidavit or declaration and shall be 16
accompanied by the required fee. 17
[324.418.] 327.730. 1. The [certificate of 1
registration] license issued biennially to a [registered] 2
licensed interior designer pursuant to sections [324.400 to 3
324.439] 327.700 to 327.750 shall be renewed on or before 4
the [certificate] license renewal date accompanied by the 5
required fee. The [certificate of registration] license of 6
a [registered] licensed interior designer which is not 7
renewed within three months after the [certificate] license 8
renewal date shall be suspended automatically, subject to 9
the right of the holder to have the suspended [certificate 10
of registration] license reinstated within nine months of 11
the date of suspension if the person pays the required 12
reinstatement fee. Any [certificate of registration] 13
license suspended and not reinstated within nine months of 14
the suspension date shall expire and be void and the holder 15
of such [certificate] license shall have no rights or 16
privileges provided to holders of valid [certificates] 17
licenses. Any person whose [certificate of registration] 18
license has expired may, upon demonstration of current 19
qualifications and payment of required fees, be 20
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[reregistered] relicensed or reauthorized under the person's 21
original [certificate of registration] license number. 22
2. Each application for the renewal or reinstatement 23
of a [registration] license shall be on a form furnished to 24
the applicant and shall be accompanied by the required fees 25
[and proof of current completion of at least one unit every 26
two years of approved or verifiable continuing education in 27
interior design or architecture, immediately prior to such 28
renewal or reinstatement. Ten contact hours constitutes one 29
continuing education unit. Five contact hours of teaching 30
in interior design or architecture constitutes one 31
continuing education unit. One college course credit in 32
interior design or architecture constitutes one continuing 33
education unit]. 34
3. The board shall establish, by rule, continuing 35
education requirements as a condition to renewing or 36
reinstating the license of an interior designer that are 37
substantially equivalent to the continuing education 38
requirements for architects. 39
[324.427.] 327.735. It is unlawful for any person to 1
advertise or indicate to the public that the person is a 2
[registered] licensed interior designer in this state, 3
unless such person is [registered] licensed as a 4
[registered] licensed interior designer by the [division] 5
board and is in good standing pursuant to sections [324.400 6
to 324.439] 327.700 to 327.750. 7
[324.430.] 327.740. No person may use the designation 1
[registered] licensed interior designer in Missouri, unless 2
the [division] board has issued a current [certificate of 3
registration] license certifying that the person has been 4
duly [registered] licensed as a [registered] licensed 5
interior designer in Missouri and unless such [registration] 6
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license has been renewed or reinstated as provided in 7
section [324.418] 327.730. 8
[324.433.] 327.745. The right to use the title of 1
[registered] licensed interior designer shall be deemed a 2
personal right, based upon the qualifications of the 3
individual, evidenced by the person's current [certificate 4
of registration] license and such [certificate] license is 5
not transferable; except that, a [registered] licensed 6
interior designer may perform the [interior designer's 7
profession] practice of licensed interior design through, or 8
as a member of, or as an employee of, a partnership or 9
corporation. 10
[324.439.] 327.750. [After twenty-four months after 1
August 28, 1998,] Any person who violates any provision of 2
sections [324.400 to 324.439] 327.700 to 327.750 shall be 3
guilty of a class A misdemeanor. 4
331.084. 1. The board may apply to the administrative 1
hearing commission for an emergency suspension or 2
restriction of a license issued under this chapter if: 3
(1) The holder of the license is the subject of a 4
pending criminal indictment, criminal information, or other 5
criminal charge related to the duties and responsibilities 6
of the licensed occupation; and 7
(2) There is reasonable cause for the board to believe 8
that the public health, safety, or welfare is at imminent 9
risk of harm from the holder of the license. 10
2. The board shall submit to the administrative 11
hearing commission supporting affidavits and certified court 12
records, together with a complaint alleging the facts in 13
support of the board's request for an emergency suspension 14
or restriction of a license, and shall supply the 15
administrative hearing commission with the last home or 16
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business addresses on file with the board for the licensee. 17
Within one business day of the filing of the complaint, the 18
administrative hearing commission shall return a service 19
packet to the board. The service packet shall include the 20
board's complaint and any affidavits or records the board 21
intends to rely on that have been filed with the 22
administrative hearing commission. The service packet may 23
contain other information in the discretion of the 24
administrative hearing commission. Within twenty-four hours 25
of receiving the packet, the board shall either personally 26
serve the licensee the service packet or leave a copy of the 27
service packet at all of the licensee's current addresses on 28
file with the board. 29
3. Within five days of the board's filing of the 30
complaint, the administrative hearing commission shall 31
review the information submitted by the board and shall 32
issue its findings of fact and conclusions of law. If the 33
administrative hearing commission finds that there is 34
reasonable cause for the board to believe that the public 35
health, safety, or welfare is at imminent risk of harm from 36
the holder of the license, the administrative hearing 37
commission shall enter the order requested by the board. 38
The order shall be effective upon personal service or by 39
leaving a copy at all of the licensee's current addresses on 40
file with the board. 41
4. (1) The administrative hearing commission shall 42
hold an evidentiary hearing on the record within forty-five 43
days of the board's filing of the complaint, or upon final 44
adjudication of any criminal charges filed against the 45
licensee, as appropriate, to determine if cause for 46
discipline exists under the provisions of this chapter and 47
to determine whether the initial order entered by the 48
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commission shall continue in effect. Prior to the hearing, 49
the licensee may file affidavits and certified court records 50
for consideration by the administrative hearing commission. 51
The administrative hearing commission may grant a request 52
for a continuance but shall in any event hold the hearing 53
within one hundred twenty days of the board's initial 54
filing. The board shall be granted leave to amend its 55
complaint if it is more than thirty days prior to the 56
hearing, or within thirty days prior to the hearing upon a 57
showing of good cause. 58
(2) If no cause for discipline is found following an 59
evidentiary hearing, the administrative hearing commission 60
shall issue findings of fact, conclusions of law, and an 61
order terminating the commission's initial order imposing an 62
emergency suspension or restriction of the license. 63
(3) If the administrative hearing commission finds 64
cause for discipline following an evidentiary hearing, the 65
commission shall issue findings of fact and conclusions of 66
law and order the emergency suspension or restriction to 67
remain in full force and effect pending a disciplinary 68
hearing before the board. The board shall hold a hearing 69
following the certification of the record by the 70
administrative hearing commission and may impose discipline 71
otherwise authorized by state law. 72
5. Any action under this section shall be in addition 73
to and not in lieu of any discipline otherwise in the 74
board's power to impose and may be brought concurrently with 75
other actions. 76
6. If the administrative hearing commission does not 77
grant an initial order imposing an emergency suspension or 78
restriction of the license as described in subsection 3 of 79
HCS SS#2 SB 1233 82
this section, the board shall remove all reference to such 80
emergency suspension or restriction from its public records. 81
332.081. 1. Notwithstanding any other provision of 1
law to the contrary, hospitals licensed under chapter 197 2
shall be authorized to employ any or all of the following 3
oral health providers: 4
(1) A dentist licensed under this chapter for the 5
purpose of treating on hospital premises those patients who 6
present with a dental condition and such treatment is 7
necessary to ameliorate the condition for which they 8
presented such as severe pain or tooth abscesses; 9
(2) An oral and maxillofacial surgeon licensed under 10
this chapter for the purpose of treating oral conditions 11
that need to be ameliorated as part of treating the 12
underlying cause of the patient's medical needs including, 13
but not limited to, head and neck cancer, HIV or AIDS, 14
severe trauma resulting in admission to the hospital, organ 15
transplant, diabetes, or seizure disorders. It shall be a 16
condition of treatment that such patients are admitted to 17
the hospital on either an in- or out-patient basis; and 18
(3) A maxillofacial prosthodontist licensed under this 19
chapter for the purpose of treating and supporting patients 20
of a head and neck cancer team or other complex care or 21
surgical team for the fabrication of appliances following 22
ablative surgery, surgery to correct birth anomalies, 23
extensive radiation treatment of the head or neck, or trauma- 24
related surgery. 25
2. No person or other entity shall practice dentistry 26
in Missouri or provide dental services as [defined] 27
described in section 332.071 unless and until the board has 28
issued to the person a certificate certifying that the 29
person has been duly registered as a dentist in Missouri or 30
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the board has issued such certificate to an entity that has 31
been duly registered to provide dental services by licensed 32
dentists and dental hygienists and unless and until the 33
board has issued to the person a license, to be renewed each 34
period, as provided in this chapter, to practice dentistry 35
or as a dental hygienist, or has issued to the person or 36
entity a permit, to be renewed each period, to provide 37
dental services in Missouri. Nothing in this chapter shall 38
be so construed as to make it unlawful for: 39
(1) A legally qualified physician or surgeon, who does 40
not practice dentistry as a specialty, from extracting teeth; 41
(2) A dentist licensed in a state other than Missouri 42
from making a clinical demonstration before a meeting of 43
dentists in Missouri; 44
(3) Dental students in any accredited dental school to 45
practice dentistry under the personal direction of 46
instructors; 47
(4) Dental hygiene students in any accredited dental 48
hygiene school to practice dental hygiene under the personal 49
direction of instructors; 50
(5) A duly registered and licensed dental hygienist in 51
Missouri to practice dental hygiene as defined in section 52
332.091; 53
(6) A dental assistant, certified dental assistant, or 54
expanded functions dental assistant to be delegated duties 55
as defined in section 332.093; 56
(7) A duly registered dentist or dental hygienist to 57
teach in an accredited dental or dental hygiene school; 58
(8) A person who has been granted a dental faculty 59
permit under section 332.183 to practice dentistry in the 60
scope of his or her employment at an accredited dental 61
school, college, or program in Missouri; 62
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(9) A duly qualified anesthesiologist or nurse 63
anesthetist to administer an anesthetic in connection with 64
dental services or dental surgery; 65
(10) A person to practice dentistry in or for: 66
(a) The United States Armed Forces; 67
(b) The United States Public Health Service; 68
(c) Migrant, community, or health care for the 69
homeless health centers provided in Section 330 of the 70
Public Health Service Act (42 U.S.C. Section 254b); 71
(d) Federally qualified health centers as defined in 72
Section 1905(l) (42 U.S.C. Section 1396d(l)) of the Social 73
Security Act; 74
(e) Governmental entities, including county health 75
departments; or 76
(f) The United States Veterans Bureau; or 77
(11) A dentist licensed in a state other than Missouri 78
to evaluate a patient or render an oral, written, or 79
otherwise documented dental opinion when providing testimony 80
or records for the purpose of a civil or criminal action 81
before any judicial or administrative proceeding of this 82
state or other forum in this state. 83
3. No corporation shall practice dentistry as defined 84
in section 332.071 unless that corporation is organized 85
under the provisions of chapter 355 or 356 provided that a 86
corporation organized under the provisions of chapter 355 87
and qualifying as an organization under 26 U.S.C. Section 88
501(c)(3) may only employ dentists and dental hygienists 89
licensed in this state to render dental services to Medicaid 90
recipients, low-income individuals who have available income 91
below two hundred percent of the federal poverty level, and 92
all participants in the SCHIP program, unless such 93
HCS SS#2 SB 1233 85
limitation is contrary to or inconsistent with federal or 94
state law or regulation. This subsection shall not apply to: 95
(1) A hospital licensed under chapter 197 that 96
provides care and treatment only to children under the age 97
of eighteen at which a person regulated under this chapter 98
provides dental care within the scope of his or her license 99
or registration; 100
(2) A federally qualified health center as defined in 101
Section 1905(l) of the Social Security Act (42 U.S.C. 102
Section 1396d(l)), or a migrant, community, or health care 103
for the homeless health center provided for in Section 330 104
of the Public Health Services Act (42 U.S.C. Section 254b) 105
at which a person regulated under this chapter provides 106
dental care within the scope of his or her license or 107
registration; 108
(3) A city or county health department organized under 109
chapter 192 or chapter 205 at which a person regulated under 110
this chapter provides dental care within the scope of his or 111
her license or registration; 112
(4) A social welfare board organized under section 113
205.770, a city health department operating under a city 114
charter, or a city-county health department at which a 115
person regulated under this chapter provides dental care 116
within the scope of his or her license or registration; 117
(5) Any entity that has received a permit from the 118
dental board and does not receive compensation from the 119
patient or from any third party on the patient's behalf at 120
which a person regulated under this chapter provides dental 121
care within the scope of his or her license or registration; 122
or 123
(6) Any hospital nonprofit corporation exempt from 124
taxation under Section 501(c)(3) of the Internal Revenue 125
HCS SS#2 SB 1233 86
Code, as amended, that engages in its operations and 126
provides dental services at facilities owned by a city, 127
county, or other political subdivision of the state, or any 128
entity contracted with the state to provide care in a 129
correctional center, as such term is defined in section 130
217.010, at which a person regulated under this chapter 131
provides dental care within the scope of his or her license 132
or registration. 133
If any of the entities exempted from the requirements of 134
this subsection are unable to provide services to a patient 135
due to the lack of a qualified provider and a referral to 136
another entity is made, the exemption shall extend to the 137
person or entity that subsequently provides services to the 138
patient. 139
4. No unincorporated organization shall practice 140
dentistry as defined in section 332.071 unless such 141
organization is exempt from federal taxation under Section 142
501(c)(3) of the Internal Revenue Code of 1986, as amended, 143
and provides dental treatment without compensation from the 144
patient or any third party on their behalf as a part of a 145
broader program of social services including food 146
distribution. Nothing in this chapter shall prohibit 147
organizations under this subsection from employing any 148
person regulated by this chapter. 149
5. A dentist shall not enter into a contract that 150
allows a person who is not a dentist to influence or 151
interfere with the exercise of the dentist's independent 152
professional judgment. 153
6. A not-for-profit corporation organized under the 154
provisions of chapter 355 and qualifying as an organization 155
under 26 U.S.C. Section 501(c)(3), an unincorporated 156
HCS SS#2 SB 1233 87
organization operating pursuant to subsection 4 of this 157
section, or any other person should not direct or interfere 158
or attempt to direct or interfere with a licensed dentist's 159
professional judgment and competent practice of dentistry. 160
Nothing in this subsection shall be so construed as to make 161
it unlawful for not-for-profit organizations to enforce 162
employment contracts, corporate policy and procedure 163
manuals, or quality improvement or assurance requirements. 164
7. All entities defined in subsection 3 of this 165
section and those exempted under subsection 4 of this 166
section shall apply for a permit to employ dentists and 167
dental hygienists licensed in this state to render dental 168
services, and the entity shall apply for the permit in 169
writing on forms provided by the Missouri dental board. The 170
board shall not charge a fee of any kind for the issuance or 171
renewal of such permit. The provisions of this subsection 172
shall not apply to a federally qualified health center as 173
defined in Section 1905(l) of the Social Security Act (42 174
U.S.C. Section 1396d(l)). 175
8. Any entity that obtains a permit to render dental 176
services in this state is subject to discipline pursuant to 177
section 332.321. If the board concludes that the person or 178
entity has committed an act or is engaging in a course of 179
conduct that would be grounds for disciplinary action, the 180
board may file a complaint before the administrative hearing 181
commission. The board may refuse to issue or renew the 182
permit of any entity for one or any combination of causes 183
stated in subsection 2 of section 332.321. The board shall 184
notify the applicant in writing of the reasons for the 185
refusal and shall advise the applicant of his or her right 186
to file a complaint with the administrative hearing 187
commission as provided by chapter 621. 188
HCS SS#2 SB 1233 88
9. A federally qualified health center as defined in 189
Section 1905(l) of the Social Security Act (42 U.S.C. 190
Section 1396d(l)) shall register with the board. The 191
information provided to the board as part of the 192
registration shall include the name of the health center, 193
the nonprofit status of the health center, sites where 194
dental services will be provided, and the names of all 195
persons employed by, or contracting with, the health center 196
who are required to hold a license pursuant to this 197
chapter. The registration shall be renewed every twenty- 198
four months. The board shall not charge a fee of any kind 199
for the issuance or renewal of the registration. The 200
registration of the health center shall not be subject to 201
discipline pursuant to section 332.321. Nothing in this 202
subsection shall prohibit disciplinary action against a 203
licensee of this chapter who is employed by, or contracts 204
with, such health center for the actions of the licensee in 205
connection with such employment or contract. 206
10. The board may promulgate rules and regulations to 207
ensure not-for-profit corporations are rendering care to the 208
patient populations as set forth herein, including 209
requirements for covered not-for-profit corporations to 210
report patient census data to the board. The provisions of 211
this subsection shall not apply to a federally qualified 212
health center as defined in Section 1905(l) of the Social 213
Security Act (42 U.S.C. Section 1396d(l)). 214
11. All not-for-profit corporations organized or 215
operated pursuant to the provisions of chapter 355 and 216
qualifying as an organization under 26 U.S.C. Section 217
501(c)(3), or the requirements relating to migrant, 218
community, or health care for the homeless health centers 219
provided in Section 330 of the Public Health Service Act (42 220
HCS SS#2 SB 1233 89
U.S.C. Section 254b) and federally qualified health centers 221
as defined in Section 1905(l) (42 U.S.C. Section 1396d(l)) 222
of the Social Security Act, that employ persons who practice 223
dentistry or dental hygiene in this state shall do so in 224
accordance with the relevant laws of this state except to 225
the extent that such laws are contrary to, or inconsistent 226
with, federal statute or regulation. 227
334.870. An applicant for a license to practice 1
respiratory care may be issued a license which is valid 2
until the expiration date as determined by the board after 3
the following requirements have been met: 4
(1) The applicant submits to the board: 5
(a) A completed application for licensure; 6
(b) Written evidence of: 7
a. [Credentials from the certifying entity; or] An 8
active credential as a registered respiratory therapist 9
through the National Board for Respiratory Care, or a 10
successor credentialing organization; 11
b. Current licensure or registration with an active 12
credential as a registered respiratory [care practitioner] 13
therapist practicing in another state, the District of 14
Columbia or territory of the United States which requires 15
standards for licensure or registration determined by the 16
board to be equivalent to, or exceed, the requirements for 17
licensure under sections 334.800 to 334.930; or 18
c. An active credential as a certified respiratory 19
therapist earned prior to January 1, 2027, through the 20
National Board for Respiratory Care; 21
(c) Payment of any required fees; 22
(2) The board requests and receives a complete 23
background check and other information as may be deemed 24
necessary to fulfill sections 334.800 to 334.910; 25
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(3) An applicant who has completed the requirements of 26
subdivision (1) of this section and has submitted the 27
necessary information for the background check pursuant to 28
subdivision (2) of this section may obtain a conditional 29
license to practice as a respiratory care practitioner 30
pending the outcome of the background check subject to the 31
following restrictions: 32
(a) The conditional license shall only be issued if 33
the applicant has made a prima facie showing that he or she 34
meets all of the requirements for full licensure; 35
(b) The conditional license shall only be effective 36
until the board has had an opportunity to investigate the 37
applicant's qualifications for licensure pursuant to 38
subdivisions (1) and (2) of this section and to notify the 39
applicant that his or her application for licensure has been 40
granted or denied; 41
(c) If the applicant provides false or misleading 42
information to the board, the board may automatically 43
terminate the conditional license. If the board 44
automatically terminates a conditional license, the board 45
shall notify the holder of the board's decision by certified 46
mail or personal service; 47
(d) In no event shall such conditional license be in 48
effect for more than twelve months after the date of its 49
issuance; 50
(e) A conditional license shall not be eligible for 51
renewal; and 52
(f) No fee shall be charged for issuing a conditional 53
license. 54
334.880. 1. A license issued pursuant to sections 1
334.800 to 334.930 shall be renewed biennially, except as 2
provided in sections 334.800 to 334.930. The board shall 3
HCS SS#2 SB 1233 91
mail a notice to each person licensed during the preceding 4
licensing period at least thirty calendar days prior to the 5
expiration date of the license. The board shall not renew 6
any license unless the licensee shall provide satisfactory 7
evidence of having complied with the board's minimum 8
requirements for continuing education. 9
2. Failure of a licensee to renew his or her license 10
prior to the expiration of the license shall result in the 11
lapse of the license. A lapsed license may be reinstated by 12
the board as provided by rule. 13
3. Any license renewal is subject to a random audit to 14
ensure the licensee has an active credential through the 15
National Board for Respiratory Care, or a successor 16
credentialing organization. If audited, proof of active 17
credential shall be submitted directly to the board by the 18
National Board for Respiratory Care, or the successor 19
credentialing organization. 20
4. Each licensee may, in lieu of submitting proof of 21
the completion of the required continuing education course, 22
apply for an inactive license at the time of renewal and pay 23
the required inactive fee. An inactive license shall be 24
renewed biennially. An inactive license may be reactivated 25
by the board as provided by rule. 26
[4.] 5. Any person who practices as a respiratory care 27
practitioner during the time his or her license is inactive 28
or lapsed shall be considered an illegal practitioner and 29
shall be subject to the penalties for violation of the 30
respiratory care practice act. 31
335.081. So long as the person involved does not 1
represent or hold himself or herself out as a nurse licensed 2
to practice in this state, no provision of sections 335.011 3
to 335.096 shall be construed as prohibiting: 4
HCS SS#2 SB 1233 92
(1) The practice of any profession for which a license 5
is required and issued pursuant to the laws of this state by 6
a person duly licensed to practice that profession; 7
(2) The services rendered by technicians, nurses' 8
aides or their equivalent trained and employed in public or 9
private hospitals and licensed long-term care facilities 10
except the services rendered in licensed long-term care 11
facilities shall be limited to administering medication, 12
excluding the administration of medications by an injectable 13
route other than: 14
(a) Insulin; and 15
(b) Subcutaneous injectable medications, provided that 16
any such medication was prescribed by the physician for the 17
long-term care facility resident who receives the medication; 18
(3) The providing of nursing care by friends or 19
members of the family of the person receiving such care; 20
(4) The incidental care of the sick, aged, or infirm 21
by domestic servants or persons primarily employed as 22
housekeepers; 23
(5) The furnishing of nursing assistance in the case 24
of an emergency situation; 25
(6) The practice of nursing under proper supervision: 26
(a) As a part of the course of study by students 27
enrolled in approved schools of professional nursing or in 28
schools of practical nursing; 29
(b) By graduates of accredited nursing programs 30
pending the results of the first licensing examination or 31
ninety days after graduation, whichever first occurs; 32
(c) A graduate nurse who is prevented from attending 33
the first licensing examination following graduation by 34
reason of active duty in the military may practice as a 35
graduate nurse pending the results of the first licensing 36
HCS SS#2 SB 1233 93
examination scheduled by the board following the release of 37
such graduate nurse from active military duty or pending the 38
results of the first licensing examination taken by the 39
graduate nurse while involved in active military service 40
whichever comes first; 41
(7) The practice of nursing in this state by any 42
legally qualified nurse duly licensed to practice in another 43
state whose engagement requires such nurse to accompany and 44
care for a patient temporarily residing in this state for a 45
period not to exceed six months; 46
(8) The practice of any legally qualified nurse who is 47
employed by the government of the United States or any 48
bureau, division or agency thereof, while in the discharge 49
of his or her official duties or to the practice of any 50
legally qualified nurse serving in the Armed Forces of the 51
United States while stationed within this state; 52
(9) Nonmedical nursing care of the sick with or 53
without compensation when done in connection with the 54
practice of the religious tenets of any church by adherents 55
thereof, as long as they do not engage in the practice of 56
nursing as defined in sections 335.011 to 335.096; 57
(10) The practice of any legally qualified and 58
licensed nurse of another state, territory, or foreign 59
country whose responsibilities include transporting patients 60
into, out of, or through this state while actively engaged 61
in patient transport that does not exceed forty-eight hours 62
in this state. 63
337.600. As used in sections 337.600 to 337.689, the 1
following terms mean: 2
(1) "Advanced macro social worker", the applications 3
of social work theory, knowledge, methods, principles, 4
values, and ethics; and the professional use of self to 5
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community and organizational systems, systemic and macrocosm 6
issues, and other indirect nonclinical services; specialized 7
knowledge and advanced practice skills in case management, 8
information and referral, nonclinical assessments, 9
counseling, outcome evaluation, mediation, nonclinical 10
supervision, nonclinical consultation, expert testimony, 11
education, outcome evaluation, research, advocacy, social 12
planning and policy development, community organization, and 13
the development, implementation and administration of 14
policies, programs, and activities. A licensed advanced 15
macro social worker may not treat mental or emotional 16
disorders or provide psychotherapy without the direct 17
supervision of a licensed clinical social worker, or 18
diagnose a mental disorder; 19
(2) "Clinical social work", the application of social 20
work theory, knowledge, values, methods, principles, and 21
techniques of case work, group work, client-centered 22
advocacy, community organization, administration, planning, 23
evaluation, consultation, research, psychotherapy and 24
counseling methods and techniques to persons, families and 25
groups in assessment, diagnosis, treatment, prevention and 26
amelioration of mental and emotional conditions; 27
(3) "Committee", the state committee for social 28
workers established in section 337.622; 29
(4) "Department", the Missouri department of commerce 30
and insurance; 31
(5) "Director", the director of the division of 32
professional registration; 33
(6) "Division", the division of professional 34
registration; 35
(7) "Independent practice", any practice of social 36
workers outside of an organized setting such as a social, 37
HCS SS#2 SB 1233 95
medical, or governmental agency in which a social worker 38
assumes responsibility and accountability for services 39
required; 40
(8) "Licensed advanced macro social worker", any 41
person who offers to render services to individuals, groups, 42
families, couples, organizations, institutions, communities, 43
government agencies, corporations, or the general public for 44
a fee, monetary or otherwise, implying that the person is 45
trained, experienced, and licensed as an advanced macro 46
social worker, and who holds a current valid license to 47
practice as an advanced macro social worker; 48
(9) "Licensed baccalaureate social worker", any person 49
who offers to render services to individuals, groups, 50
organizations, institutions, corporations, government 51
agencies, or the general public for a fee, monetary or 52
otherwise, implying that the person is trained, experienced, 53
and licensed as a baccalaureate social worker, and who holds 54
a current valid license to practice as a baccalaureate 55
social worker; 56
(10) "Licensed clinical social worker", any person who 57
offers to render services to individuals, groups, 58
organizations, institutions, corporations, government 59
agencies, or the general public for a fee, monetary or 60
otherwise, implying that the person is trained, experienced, 61
and licensed as a clinical social worker, and who holds a 62
current, valid license to practice as a clinical social 63
worker; 64
(11) "Licensed master social worker", any person who 65
offers to render services to individuals, groups, families, 66
couples, organizations, institutions, communities, 67
government agencies, corporations, or the general public for 68
a fee, monetary or otherwise, implying that the person is 69
HCS SS#2 SB 1233 96
trained, experienced, and licensed as a master social 70
worker, and who holds a current valid license to practice as 71
a master social worker. A licensed master social worker may 72
not treat mental or emotional disorders, provide 73
psychotherapy without the direct supervision of a licensed 74
clinical social worker, or diagnose a mental disorder; 75
(12) "Master social work", the application of social 76
work theory, knowledge, methods, and ethics and the 77
professional use of self to restore or enhance social, 78
psychosocial, or biopsychosocial functioning of individuals, 79
couples, families, groups, organizations, communities, 80
institutions, government agencies, or corporations. The 81
practice includes the applications of specialized knowledge 82
and advanced practice skills in the areas of assessment, 83
treatment planning, implementation and evaluation, case 84
management, mediation, information and referral, counseling, 85
client education, supervision, consultation, education, 86
research, advocacy, community organization and development, 87
planning, evaluation, implementation and administration of 88
policies, programs, and activities. Under supervision as 89
provided in this section, the practice of master social work 90
may include the practices reserved to clinical social 91
workers or advanced macro social workers for no more than 92
forty-eight consecutive calendar months for the purpose of 93
obtaining licensure under section 337.615 or 337.645; 94
(13) "Practice of advanced macro social work", 95
rendering, offering to render, or supervising those who 96
render to individuals, couples, families, groups, 97
organizations, institutions, corporations, government 98
agencies, communities, or the general public any service 99
involving the application of methods, principles, and 100
techniques of advanced practice macro social work; 101
HCS SS#2 SB 1233 97
(14) "Practice of baccalaureate social work", 102
rendering, offering to render, or supervising those who 103
render to individuals, families, groups, organizations, 104
institutions, corporations, or the general public any 105
service involving the application of methods, principles, 106
and techniques of baccalaureate social work; 107
(15) "Practice of clinical social work", rendering, 108
offering to render, or supervising those who render to 109
individuals, couples, groups, organizations, institutions, 110
corporations, or the general public any service involving 111
the application of methods, principles, and techniques of 112
clinical social work; 113
(16) "Practice of master social work", rendering, 114
offering to render, or supervising those who render to 115
individuals, couples, families, groups, organizations, 116
institutions, corporations, government agencies, 117
communities, or the general public any service involving the 118
application of methods, principles, and techniques of master 119
social work; 120
(17) "Qualified advanced macro supervisor", any 121
licensed social worker who meets the qualifications of a 122
qualified clinical supervisor or a licensed advanced macro 123
social worker who has: 124
(a) Practiced in the field of social work as a 125
licensed social worker for which he or she is supervising 126
the applicant for a minimum of [five] three years; 127
(b) Successfully completed a minimum of sixteen hours 128
of supervisory training from the Association of Social Work 129
Boards, the National Association of Social Workers, an 130
accredited university, or a program approved by the state 131
committee for social workers. All organizations providing 132
the supervisory training shall adhere to the basic content 133
HCS SS#2 SB 1233 98
and quality standards outlined by the state committee on 134
social work; and 135
(c) Met all the requirements of sections 337.600 to 136
337.689, and as defined by rule by the state committee for 137
social workers; 138
(18) "Qualified baccalaureate supervisor", any 139
licensed social worker who meets the qualifications of a 140
qualified clinical supervisor, qualified master supervisor, 141
qualified advanced macro supervisor, or a licensed 142
baccalaureate social worker who has: 143
(a) Practiced in the field of social work as a 144
licensed social worker for which he or she is supervising 145
the applicant for a minimum of [five] three years; 146
(b) Successfully completed a minimum of sixteen hours 147
of supervisory training from the Association of Social Work 148
Boards, the National Association of Social Workers, an 149
accredited university, or a program approved by the state 150
committee for social workers. All organizations providing 151
the supervisory training shall adhere to the basic content 152
and quality standards outlined by the state committee on 153
social workers; and 154
(c) Met all the requirements of sections 337.600 to 155
337.689, and as defined by rule by the state committee for 156
social workers; 157
(19) "Qualified clinical supervisor", any licensed 158
clinical social worker who has: 159
(a) Practiced in the field of social work as a 160
licensed social worker for which he or she is supervising 161
the applicant for a minimum of [five] three years; 162
(b) Successfully completed a minimum of sixteen hours 163
of supervisory training from the Association of Social Work 164
Boards, the National Association of Social Workers, an 165
HCS SS#2 SB 1233 99
accredited university, or a program approved by the state 166
committee for social workers. All organizations providing 167
the supervisory training shall adhere to the basic content 168
and quality standards outlined by the state committee on 169
social work; and 170
(c) Met all the requirements of sections 337.600 to 171
337.689, and as defined by rule by the state committee for 172
social workers; 173
(20) "Social worker", any individual that has: 174
(a) Received a baccalaureate degree in social work 175
from an accredited social work program approved by the 176
Council on Social Work Education; 177
(b) Received a master's degree in social work from a 178
social work program: 179
a. Accredited by the Council on Social Work Education; 180
or 181
b. Recognized and approved by the committee in 182
accordance with rules adopted by the committee under section 183
337.627 and in accordance with the procedure set forth in 184
section 337.628; 185
(c) Received a doctorate or Ph.D. in social work; or 186
(d) A current social worker license as set forth in 187
sections 337.600 to 337.689. 188
338.010. 1. The "practice of pharmacy" includes: 1
(1) The interpretation, implementation, and evaluation 2
of medical prescription orders, including any legend drugs 3
under 21 U.S.C. Section 353, and the receipt, transmission, 4
or handling of such orders or facilitating the dispensing of 5
such orders; 6
(2) The designing, initiating, implementing, and 7
monitoring of a medication therapeutic plan in accordance 8
with the provisions of this section; 9
HCS SS#2 SB 1233 100
(3) The compounding, dispensing, labeling, and 10
administration of drugs and devices pursuant to medical 11
prescription orders; 12
(4) The ordering and administration of vaccines 13
approved or authorized by the U.S. Food and Drug 14
Administration, as of January 1, 2026, or thereafter, 15
excluding vaccines for cholera, monkeypox, Japanese 16
encephalitis, typhoid, rabies, yellow fever, tick-borne 17
encephalitis, anthrax, tuberculosis, dengue, Hib, polio, 18
rotavirus, smallpox, [and] or any vaccine [approved after 19
January 1, 2023] that is not jointly included by joint rules 20
promulgated by the board of pharmacy and the state board of 21
registration for the healing arts for vaccines approved by 22
the Federal Drug Administration after January 1, 2026, to 23
persons at least seven years of age or the age recommended 24
by the Centers for Disease Control and Prevention, whichever 25
is older, pursuant to joint promulgation of rules 26
established by the board of pharmacy and the state board of 27
registration for the healing arts unless rules are 28
established under a state of emergency as described in 29
section 44.100; 30
(5) The participation in drug selection according to 31
state law and participation in drug utilization reviews; 32
(6) The proper and safe storage of drugs and devices 33
and the maintenance of proper records thereof; 34
(7) Consultation with patients and other health care 35
practitioners, and veterinarians and their clients about 36
legend drugs, about the safe and effective use of drugs and 37
devices; 38
(8) The prescribing and dispensing of any nicotine 39
replacement therapy product under section 338.665; 40
HCS SS#2 SB 1233 101
(9) The dispensing of HIV postexposure prophylaxis 41
pursuant to section 338.730; and 42
(10) The offering or performing of those acts, 43
services, operations, or transactions necessary in the 44
conduct, operation, management and control of a pharmacy. 45
2. No person shall engage in the practice of pharmacy 46
unless he or she is licensed under the provisions of this 47
chapter. 48
3. This chapter shall not be construed to prohibit the 49
use of auxiliary personnel under the direct supervision of a 50
pharmacist from assisting the pharmacist in any of his or 51
her duties. This assistance in no way is intended to 52
relieve the pharmacist from his or her responsibilities for 53
compliance with this chapter and he or she will be 54
responsible for the actions of the auxiliary personnel 55
acting in his or her assistance. 56
4. This chapter shall not be construed to prohibit or 57
interfere with any legally registered practitioner of 58
medicine, dentistry, or podiatry, or veterinary medicine 59
only for use in animals, or the practice of optometry in 60
accordance with and as provided in sections 195.070 and 61
336.220 in the compounding, administering, prescribing, or 62
dispensing of his or her own prescriptions. 63
5. A pharmacist with a certificate of medication 64
therapeutic plan authority may provide medication therapy 65
services pursuant to a written protocol from a physician 66
licensed under chapter 334 to patients who have established 67
a physician-patient relationship, as described in 68
subdivision (1) of subsection 1 of section 191.1146, with 69
the protocol physician. The written protocol authorized by 70
this section shall come only from the physician and shall 71
not come from a nurse engaged in a collaborative practice 72
HCS SS#2 SB 1233 102
arrangement under section 334.104, or from a physician 73
assistant engaged in a collaborative practice arrangement 74
under section 334.735. 75
6. Nothing in this section shall be construed as to 76
prevent any person, firm or corporation from owning a 77
pharmacy regulated by sections 338.210 to 338.315, provided 78
that a licensed pharmacist is in charge of such pharmacy. 79
7. Nothing in this section shall be construed to apply 80
to or interfere with the sale of nonprescription drugs and 81
the ordinary household remedies and such drugs or medicines 82
as are normally sold by those engaged in the sale of general 83
merchandise. 84
8. No health carrier as defined in chapter 376 shall 85
require any physician with which they contract to enter into 86
a written protocol with a pharmacist for medication 87
therapeutic services. 88
9. This section shall not be construed to allow a 89
pharmacist to diagnose or independently prescribe 90
pharmaceuticals. 91
10. The state board of registration for the healing 92
arts, under section 334.125, and the state board of 93
pharmacy, under section 338.140, shall jointly promulgate 94
rules regulating the use of protocols for medication therapy 95
services. Such rules shall require protocols to include 96
provisions allowing for timely communication between the 97
pharmacist and the protocol physician or similar body 98
authorized by this section, and any other patient protection 99
provisions deemed appropriate by both boards. In order to 100
take effect, such rules shall be approved by a majority vote 101
of a quorum of each board. Neither board shall separately 102
promulgate rules regulating the use of protocols for 103
medication therapy services. Any rule or portion of a rule, 104
HCS SS#2 SB 1233 103
as that term is defined in section 536.010, that is created 105
under the authority delegated in this section shall become 106
effective only if it complies with and is subject to all of 107
the provisions of chapter 536 and, if applicable, section 108
536.028. This section and chapter 536 are nonseverable and 109
if any of the powers vested with the general assembly 110
pursuant to chapter 536 to review, to delay the effective 111
date, or to disapprove and annul a rule are subsequently 112
held unconstitutional, then the grant of rulemaking 113
authority and any rule proposed or adopted after August 28, 114
2007, shall be invalid and void. 115
11. The state board of pharmacy may grant a 116
certificate of medication therapeutic plan authority to a 117
licensed pharmacist who submits proof of successful 118
completion of a board-approved course of academic clinical 119
study beyond a bachelor of science in pharmacy, including 120
but not limited to clinical assessment skills, from a 121
nationally accredited college or university, or a 122
certification of equivalence issued by a nationally 123
recognized professional organization and approved by the 124
board of pharmacy. 125
12. Any pharmacist who has received a certificate of 126
medication therapeutic plan authority may engage in the 127
designing, initiating, implementing, and monitoring of a 128
medication therapeutic plan as defined by a written protocol 129
from a physician that may be specific to each patient for 130
care by a pharmacist. 131
13. Nothing in this section shall be construed to 132
allow a pharmacist to make a therapeutic substitution of a 133
pharmaceutical prescribed by a physician unless authorized 134
by the written protocol or the physician's prescription 135
order. 136
HCS SS#2 SB 1233 104
14. "Veterinarian", "doctor of veterinary medicine", 137
"practitioner of veterinary medicine", "DVM", "VMD", "BVSe", 138
"BVMS", "BSe (Vet Science)", "VMB", "MRCVS", or an 139
equivalent title means a person who has received a doctor's 140
degree in veterinary medicine from an accredited school of 141
veterinary medicine or holds an Educational Commission for 142
Foreign Veterinary Graduates (EDFVG) certificate issued by 143
the American Veterinary Medical Association (AVMA). 144
15. In addition to other requirements established by 145
the joint promulgation of rules by the board of pharmacy and 146
the state board of registration for the healing arts: 147
(1) A pharmacist shall administer vaccines by protocol 148
in accordance with treatment guidelines established by the 149
Centers for Disease Control and Prevention (CDC); 150
(2) A pharmacist who is administering a vaccine shall 151
request a patient to remain in the pharmacy a safe amount of 152
time after administering the vaccine to observe any adverse 153
reactions. Such pharmacist shall have adopted emergency 154
treatment protocols. 155
16. In addition to other requirements by the board, a 156
pharmacist shall receive additional training as required by 157
the board and evidenced by receiving a certificate from the 158
board upon completion, and shall display the certification 159
in his or her pharmacy where vaccines are delivered. 160
17. A pharmacist shall inform the patient that the 161
administration of a vaccine will be entered into the 162
ShowMeVax system, as administered by the department of 163
health and senior services. The patient shall attest to the 164
inclusion of such information in the system by signing a 165
form provided by the pharmacist. If the patient indicates 166
that he or she does not want such information entered into 167
the ShowMeVax system, the pharmacist shall provide a written 168
HCS SS#2 SB 1233 105
report within fourteen days of administration of a vaccine 169
to the patient's health care provider, if provided by the 170
patient, containing: 171
(1) The identity of the patient; 172
(2) The identity of the vaccine or vaccines 173
administered; 174
(3) The route of administration; 175
(4) The anatomic site of the administration; 176
(5) The dose administered; and 177
(6) The date of administration. 178
18. A pharmacist licensed under this chapter may order 179
and administer vaccines approved or authorized by the U.S. 180
Food and Drug Administration to address a public health 181
need, as lawfully authorized by the state or federal 182
government, or a department or agency thereof, during a 183
state or federally declared public health emergency. 184
338.312. 1. As used in this section, unless the 1
context requires otherwise, the following terms mean: 2
(1) "Declared state disaster or emergency", a disaster 3
or emergency event for which a governor's state of emergency 4
proclamation has been issued or that the President of the 5
United States has declared to be a major disaster or 6
emergency; 7
(2) "Disaster period", the period of time that begins 8
ten days before a governor's proclamation of a state of 9
emergency or the declaration by the President of the United 10
States of a major disaster or emergency, whichever occurs 11
first, and extending for a period of sixty calendar days 12
following the end of the period specified in the 13
proclamation or declaration or sixty calendar days from the 14
proclamation or declaration if no end is provided. The 15
governor may extend the disaster period as warranted; 16
HCS SS#2 SB 1233 106
(3) "Pharmacy", the same meaning given to the term in 17
section 338.210. 18
2. Notwithstanding any provision of law to the 19
contrary, the board of pharmacy shall have the authority to 20
waive compliance with any Missouri rules and regulations for 21
a licensed pharmacy that is domiciled or headquartered in 22
this state when such pharmacy is dispensing, shipping, or 23
delivering prescription drugs into another state or United 24
States territory that is experiencing a declared state 25
disaster or emergency, provided that: 26
(1) The pharmacy is a licensed pharmacy in good 27
standing under this chapter and is authorized to ship 28
prescription drugs into the state or territory in question; 29
(2) The pharmacy is responding to an active declared 30
state disaster or emergency; 31
(3) The pharmacy complies with all emergency rules and 32
regulations for pharmacies established by the state or 33
territory for the duration of the disaster period; 34
(4) The pharmacy complies with all applicable federal 35
laws and regulations; and 36
(5) The waiver applies only to prescription drugs 37
dispensed, shipped, or delivered to residents or health care 38
facilities located within the geographic area specified in 39
the declared state disaster or emergency. 40
3. The board of pharmacy may promulgate rules to 41
implement the provisions of this section. Any rule or 42
portion of a rule, as that term is defined in section 43
536.010, that is created under the authority delegated in 44
this section shall become effective only if it complies with 45
and is subject to all of the provisions of chapter 536 and, 46
if applicable, section 536.028. This section and chapter 47
536 are nonseverable and if any of the powers vested with 48
HCS SS#2 SB 1233 107
the general assembly pursuant to chapter 536 to review, to 49
delay the effective date, or to disapprove and annul a rule 50
are subsequently held unconstitutional, then the grant of 51
rulemaking authority and any rule proposed or adopted after 52
August 28, 2026, shall be invalid and void. 53
338.333. 1. Except as otherwise provided by the board 1
of pharmacy by rule in the event of an emergency or to 2
alleviate a supply shortage, no person or distribution 3
outlet shall act as a wholesale drug distributor, pharmacy 4
distributor, drug outsourcer, or third-party logistics 5
provider without first obtaining license to do so from the 6
Missouri board of pharmacy and paying the required fee. The 7
board may grant temporary licenses when the wholesale drug 8
distributor, pharmacy distributor, drug outsourcer, or third- 9
party logistics provider first applies for a license to 10
operate within the state. Temporary licenses shall remain 11
valid until such time as the board shall find that the 12
applicant meets or fails to meet the requirements for 13
regular licensure. No license shall be issued or renewed 14
for a wholesale drug distributor, pharmacy distributor, drug 15
outsourcer, or third-party logistics provider to operate 16
unless the same shall be operated in a manner prescribed by 17
law and according to the rules and regulations promulgated 18
by the board of pharmacy with respect thereto. Separate 19
licenses shall be required for each distribution site owned 20
or operated by a wholesale drug distributor, pharmacy 21
distributor, drug outsourcer, or third-party logistics 22
provider, unless such drug distributor, pharmacy 23
distributor, drug outsourcer, or third-party logistics 24
provider meets the requirements of section 338.335. 25
2. An agent or employee of any licensed or registered 26
wholesale drug distributor, pharmacy distributor, drug 27
HCS SS#2 SB 1233 108
outsourcer, or third-party logistics provider need not seek 28
licensure under this section and may lawfully possess 29
pharmaceutical drugs, if the agent or employee is acting in 30
the usual course of his or her business or employment. 31
3. The board may permit out-of-state wholesale drug 32
distributors, drug outsourcers, third-party logistics 33
[provider] providers, or out-of-state pharmacy distributors 34
to be licensed as required by sections 338.210 to 338.370 on 35
the basis of reciprocity to the extent that the entity both: 36
(1) Possesses a valid license granted by another state 37
pursuant to legal standards comparable to those which must 38
be met by a wholesale drug distributor, pharmacy 39
distributor, drug [outsourcers] outsourcer, or third-party 40
logistics provider of this state as prerequisites for 41
obtaining a license under the laws of this state. If a 42
state license is not issued by their resident state, out-of- 43
state wholesale drug distributors and third-party logistics 44
providers with a current and valid drug distributor 45
accreditation from the National Association of Boards of 46
Pharmacy or its successor may be eligible for licensure as 47
provided by the board by rule; and 48
(2) Distributes into Missouri from a state which would 49
extend reciprocal treatment under its own laws to a 50
wholesale drug distributor, pharmacy distributor, drug 51
outsourcers, or third-party logistics provider of this state. 52
338.710. 1. There is hereby created in the Missouri 1
board of pharmacy the "RX Cares for Missouri Program". The 2
goal of the program shall be to promote medication safety 3
and to prevent prescription drug abuse, misuse, and 4
diversion in Missouri. 5
2. The board, in consultation with the department, 6
shall be authorized to expend, allocate, or award funds 7
HCS SS#2 SB 1233 109
appropriated to the board to private or public entities to 8
develop or provide programs or education to promote 9
medication safety or to suppress or prevent prescription 10
drug abuse, misuse, and diversion in the state of Missouri. 11
In no case shall the authorization include, nor the funds be 12
expended for, any state prescription drug monitoring program 13
including, but not limited to, such as are defined in 38 CFR 14
1.515. Funds disbursed to a state agency under this section 15
may enhance, but shall not supplant, funds otherwise 16
appropriated to such state agency. 17
3. The board shall be the administrative agency 18
responsible for implementing the program in consultation 19
with the department. The board and the department may enter 20
into interagency agreements between themselves to allow the 21
department to assist in the management or operation of the 22
program. The board may award funds directly to the 23
department to implement, manage, develop, or provide 24
programs or education pursuant to the program. 25
4. After a full year of program operation, the board 26
shall prepare and submit an evaluation report to the 27
governor and the general assembly describing the operation 28
of the program and the funds allocated. [Unless otherwise 29
authorized by the general assembly, the program shall expire 30
on August 28, 2026.] 31
345.050. To be eligible for licensure by the board by 1
examination, each applicant shall submit the application fee 2
and shall furnish evidence of such person's current 3
competence and shall: 4
(1) Hold a master's or a doctoral degree from a 5
program that was awarded "accreditation candidate" status or 6
is accredited by the Council on Academic Accreditation of 7
the American Speech-Language-Hearing Association or other 8
HCS SS#2 SB 1233 110
accrediting agency approved by the board in the area in 9
which licensure is sought; 10
(2) Submit official transcripts from one or more 11
accredited colleges or universities presenting evidence of 12
the completion of course work and clinical practicum 13
requirements equivalent to that required by the Council on 14
Academic Accreditation of the American Speech-Language- 15
Hearing Association or other accrediting agency approved by 16
the board; 17
(3) Present written evidence of completion of a 18
clinical fellowship from supervisors. The experience 19
required by this subdivision shall follow the completion of 20
the requirements of subdivisions (1) and (2) of this 21
section. This period of employment shall be under the 22
direct supervision of a [person who is licensed by the state 23
of Missouri in the profession in which the applicant seeks 24
to be] licensed speech-language pathologist in good standing 25
in any state. Persons applying with an audiology clinical 26
doctoral degree are exempt from this provision; and 27
(4) Pass an examination promulgated or approved by the 28
board. The board shall determine the subject and scope of 29
the examinations. 30
537.033. 1. As used in this section, unless the 1
context clearly indicates otherwise, the following words and 2
terms shall have the meanings indicated: 3
(1) "Design professional", an architect, landscape 4
architect, professional land surveyor, [or] professional 5
engineer, or licensed interior designer licensed under the 6
provisions of chapter 327 or any corporation authorized to 7
practice architecture, landscape architecture, land 8
surveying, or engineering under section 327.401 while acting 9
within their scope of practice; 10
HCS SS#2 SB 1233 111
(2) "Lessons learned", internal meetings, classes, 11
publications in any medium, presentations, lectures, or 12
other means of teaching and communicating after substantial 13
completion of the project which are conducted solely and 14
exclusively by and with the employees, partners, and 15
coworkers of the design professional who prepared the 16
project's design for the purpose of learning best practices 17
and reducing errors and omissions in design documents and 18
procedures. Lessons learned shall not include 19
presentations, lectures, teaching, or communication made to 20
or by third parties who are not employees, partners, and 21
coworkers of the design professional whose work is being 22
evaluated and discussed; 23
(3) "Peer review process", a process through which 24
design professionals evaluate, maintain, or monitor the 25
quality and utilization of architectural, landscape 26
architectural, land surveying, [or] engineering, or interior 27
design services, prepare internal lessons learned, or 28
exercise any combination of such responsibilities; 29
(4) "Substantial completion", the construction of the 30
project covered by the design professional's design 31
documents has reached substantial completion, as that term 32
is defined in section 436.327. 33
2. A peer review process shall only be performed by a 34
design professional licensed in any jurisdiction in the 35
United States in the same profession as would be required 36
under chapter 327 to prepare the design documents being 37
reviewed, or in a case requiring multiple professions, by a 38
person or persons holding the proper licenses. A peer 39
review process may be performed by one or more design 40
professionals appointed by the partners, shareholders, board 41
of directors, chief executive officer, quality control 42
HCS SS#2 SB 1233 112
director, or employed design professionals of a partnership 43
or of a corporation authorized under section 327.401 to 44
practice architecture, landscape architecture, land 45
surveying, or engineering, or by the owner of a sole 46
proprietorship engaged in one or more of such professions. 47
Any individual identified in this subsection and performing 48
a peer review shall be deemed a peer reviewer. 49
3. Each peer reviewer described in this subsection 50
shall be immune from civil liability for such acts so long 51
as the acts are performed in good faith, without malice, and 52
are reasonably related to the scope of inquiry of the peer 53
review process. The immunity in this subsection is intended 54
to cover only outside peer reviews by a third-party design 55
professional who is not an employee, coworker, or partner of 56
the design professional whose design is being peer reviewed 57
before substantial completion of the project and who has no 58
other role in the project besides performing the peer review. 59
4. This section does not provide immunity to any in- 60
house peer reviewer when performed by employees, coworkers, 61
or partners of the design professional who prepares the 62
design, nor are any such documents or peer review comments, 63
other than lessons learned, inadmissible into evidence in 64
any judicial or administrative action. 65
5. Except for documents related to lessons learned, 66
the interviews, memoranda, proceedings, findings, 67
deliberations, reports, and minutes of the peer review 68
process, or the existence of the same, concerning the 69
professional services provided to a client or member of the 70
public are subject to discovery, subpoena, or other means of 71
legal compulsion for their release to any person or entity 72
and shall be admissible into evidence in any judicial or 73
administrative action for failure to provide appropriate 74
HCS SS#2 SB 1233 113
architectural, landscape architectural, land surveying, [or] 75
engineering, or interior design services, subject to 76
applicable rules of the court or tribunal. Except as 77
otherwise provided in this section, no person who was in 78
attendance at, or participated in, any lessons learned 79
process or proceedings shall be permitted or required to 80
disclose any information acquired in connection with or in 81
the course of such proceeding, or to disclose any opinion, 82
recommendation, or evaluation made in a lessons learned 83
process or proceeding; provided, however, that information 84
otherwise discoverable or admissible from original sources 85
is not to be construed as immune from discovery or use in 86
any proceeding merely because it was presented during a 87
lessons learned process or proceeding nor is a member, 88
employee, or agent involved in any such process or 89
proceeding, or other person appearing before a peer 90
reviewer, to be prevented from testifying as to matters 91
within his or her personal knowledge and in accordance with 92
the other provisions of this section, but such witness 93
cannot be questioned about a lessons learned process or 94
proceeding or about opinions formed as a result of such 95
process or proceeding. The disclosure of any memoranda, 96
proceedings, reports, or minutes of a lessons learned 97
proceeding to any person or entity, including but not 98
limited to governmental agencies, professional accrediting 99
agencies, or other design professionals, whether proper or 100
improper, shall not waive or have any effect upon its 101
confidentiality, nondiscoverability, or nonadmissibility. 102
6. Nothing in this section shall limit authority 103
otherwise provided by law of the Missouri board for 104
architects, professional engineers, professional land 105
surveyors, [and] professional landscape architects, and 106
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licensed interior designers to obtain information by 107
subpoena or other authorized process from a peer reviewer or 108
to require disclosure of otherwise confidential information 109
relating to matters and investigations within the 110
jurisdiction of such licensing board. 111
621.045. 1. The administrative hearing commission 1
shall conduct hearings and make findings of fact and 2
conclusions of law in those cases when, under the law, a 3
license issued by any of the following agencies may be 4
revoked or suspended or when the licensee may be placed on 5
probation or when an agency refuses to permit an applicant 6
to be examined upon his or her qualifications or refuses to 7
issue or renew a license of an applicant who has passed an 8
examination for licensure or who possesses the 9
qualifications for licensure without examination: 10
Missouri State Board of Accountancy 11
Missouri State Board for Architects, Professional 12
Engineers, Professional Land Surveyors [and], Professional 13
Landscape Architects, and Licensed Interior Designers 14
Board of Barber Examiners 15
Board of Cosmetology 16
Board of Chiropody and Podiatry 17
Board of Chiropractic Examiners 18
Missouri Dental Board 19
Board of Embalmers and Funeral Directors 20
Board of Registration for the Healing Arts 21
Board of Nursing 22
Board of Optometry 23
Board of Pharmacy 24
Missouri Real Estate Commission 25
Missouri Veterinary Medical Board 26
Supervisor of Liquor Control 27
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Department of Health and Senior Services 28
Department of Commerce and Insurance 29
Department of Mental Health 30
Board of Private Investigator Examiners. 31
2. If in the future there are created by law any new 32
or additional administrative agencies which have the power 33
to issue, revoke, suspend, or place on probation any 34
license, then those agencies are under the provisions of 35
this law. 36
3. The administrative hearing commission is authorized 37
to conduct hearings and make findings of fact and 38
conclusions of law in those cases brought by the Missouri 39
state board for architects, professional engineers, 40
professional land surveyors [and], professional landscape 41
architects, and licensed interior designers against 42
unlicensed persons under section 327.076. 43
4. Notwithstanding any other provision of this section 44
to the contrary, after August 28, 1995, in order to 45
encourage settlement of disputes between any agency 46
described in subsection 1 or 2 of this section and its 47
licensees, any such agency shall: 48
(1) Provide the licensee with a written description of 49
the specific conduct for which discipline is sought and a 50
citation to the law and rules allegedly violated, together 51
with copies of any documents which are the basis thereof and 52
the agency's initial settlement offer, or file a contested 53
case against the licensee; 54
(2) If no contested case has been filed against the 55
licensee, allow the licensee at least sixty days, from the 56
date of mailing, to consider the agency's initial settlement 57
offer and to contact the agency to discuss the terms of such 58
settlement offer; 59
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(3) If no contested case has been filed against the 60
licensee, advise the licensee that the licensee may, either 61
at the time the settlement agreement is signed by all 62
parties, or within fifteen days thereafter, submit the 63
agreement to the administrative hearing commission for 64
determination that the facts agreed to by the parties to the 65
settlement constitute grounds for denying or disciplining 66
the license of the licensee; and 67
(4) In any contact under this subsection by the agency 68
or its counsel with a licensee who is not represented by 69
counsel, advise the licensee that the licensee has the right 70
to consult an attorney at the licensee's own expense. 71
5. If the licensee desires review by the 72
administrative hearing commission under subdivision (3) of 73
subsection 4 of this section at any time prior to the 74
settlement becoming final, the licensee may rescind and 75
withdraw from the settlement and any admissions of fact or 76
law in the agreement shall be deemed withdrawn and not 77
admissible for any purposes under the law against the 78
licensee. Any settlement submitted to the administrative 79
hearing commission shall not be effective and final unless 80
and until findings of fact and conclusions of law are 81
entered by the administrative hearing commission that the 82
facts agreed to by the parties to the settlement constitute 83
grounds for denying or disciplining the license of the 84
licensee. 85
6. When a holder of a license, registration, permit, 86
or certificate of authority issued by the division of 87
professional registration or a board, commission, or 88
committee of the division of professional registration 89
against whom an affirmative decision is sought has failed to 90
plead or otherwise respond in the contested case and 91
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adequate notice has been given under sections 536.067 and 92
621.100 upon a properly pled writing filed to initiate the 93
contested case under this chapter or chapter 536, a default 94
decision shall be entered against the licensee without 95
further proceedings. The default decision shall grant such 96
relief as requested by the division of professional 97
registration, board, committee, commission, or office in the 98
writing initiating the contested case as allowed by law. 99
Upon motion stating facts constituting a meritorious defense 100
and for good cause shown, a default decision may be set 101
aside. The motion shall be made within a reasonable time, 102
not to exceed thirty days after entry of the default 103
decision. "Good cause" includes a mistake or conduct that 104
is not intentionally or recklessly designed to impede the 105
administrative process. 106
Section 1. In the event that any section, provision, 1
clause, phrase, or word of this act or the application 2
thereof is declared invalid under the Constitution of the 3
United States or the Constitution of the State of Missouri, 4
it is the intent of the general assembly that the remaining 5
sections of this act remain in force and effect as far as 6
they are capable of being carried into execution as intended 7
by the general assembly. The general assembly hereby 8
declares that it would have passed each section, provision, 9
clause, phrase, or word thereof, irrespective of the fact 10
that any one or more sections, provisions, clauses, phrases, 11
or words of this act or the application of this act would be 12
declared unenforceable, unconstitutional, or invalid. 13
[324.406. 1. There is hereby created 1
within the division of professional registration 2
a council to be known as the "Interior Design 3
Council". The council shall consist of four 4
interior designers and one public member 5
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appointed by the director of the division. The 6
director shall give due consideration to the 7
recommendations by state organizations of the 8
interior design profession for the appointment 9
of the interior design members to the council. 10
Council members shall be appointed to serve a 11
term of four years; except that of the members 12
first appointed, one interior design member and 13
the public member shall be appointed for terms 14
of four years, one member shall be appointed for 15
a term of three years, one member shall be 16
appointed for a term of two years and one member 17
shall be appointed for a term of one year. No 18
member of the council shall serve more than two 19
terms. 20
2. Each council member, other than the 21
public member, shall be a citizen of the United 22
States, a resident of the state of Missouri for 23
at least one year, meet the qualifications for 24
professional registration, practice interior 25
design as the person's principal livelihood and, 26
except for the first members appointed, be 27
registered pursuant to sections 324.400 to 28
324.439 as an interior designer. 29
3. The public member shall be, at the time 30
of such person's appointment, a citizen of the 31
United States, a registered voter, a person who 32
is not and never was a member of the profession 33
regulated by sections 324.400 to 324.439 or the 34
spouse of such a person and a person who does 35
not have and never has had a material financial 36
interest in the providing of the professional 37
services regulated by sections 324.400 to 38
324.439. The duties of the public member shall 39
not include the determination of the technical 40
requirements for the registration of persons as 41
interior designers. 42
4. The provisions of section 324.028 43
pertaining to members of certain state boards 44
and commissions shall apply to all members of 45
the council. 46
5. Members of the council may be removed 47
from office for cause. Upon the death, 48
resignation or removal from office of any member 49
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of the council, the appointment to fill the 50
vacancy shall be for the unexpired portion of 51
the term so vacated and shall be filled in the 52
same manner as the first appointment and due 53
notice be given to the state organizations of 54
the interior design profession prior to the 55
appointment. 56
6. Each member of the council may receive 57
as compensation an amount set by the division 58
not to exceed fifty dollars per day and shall be 59
reimbursed for the member's reasonable and 60
necessary expenses incurred in the official 61
performance of the member's duties as a member 62
of the council. The director shall establish by 63
rule guidelines for payment. 64
7. The council shall meet at least twice 65
each year and guide, advise, and make 66
recommendations to the division on matters 67
within the scope of sections 324.400 to 68
324.439. The organization of the council shall 69
be established by the members of the council.] 70
[324.412. The division shall: 1
(1) Employ, within the limits of the 2
appropriations for that purpose, such employees 3
as are necessary to carry out the provisions of 4
sections 324.400 to 324.439; 5
(2) Exercise all budgeting, purchasing, 6
reporting and other related management functions; 7
(3) Recommend prosecution for violations 8
of sections 324.400 to 324.439 to the 9
appropriate prosecuting or circuit attorney; 10
(4) Promulgate such rules and regulations 11
as are necessary to administer the provisions of 12
sections 324.400 to 324.439. Any rule or 13
portion of a rule, as that term is defined in 14
section 536.010, that is promulgated to 15
administer and enforce sections 324.400 to 16
324.439, shall become effective only if the 17
agency has fully complied with all of the 18
requirements of chapter 536, including but not 19
limited to, section 536.028, if applicable, 20
after August 28, 1998. If the provisions of 21
section 536.028 apply, the provisions of this 22
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section are nonseverable and if any of the 23
powers vested with the general assembly pursuant 24
to section 536.028 to review, to delay the 25
effective date, or to disapprove and annul a 26
rule or portion of a rule are held 27
unconstitutional or invalid, the purported grant 28
of rulemaking authority and any rule so proposed 29
and contained in the order of rulemaking shall 30
be invalid and void, except that nothing in this 31
section shall affect the validity of any rule 32
adopted and promulgated prior to August 28, 33
1998.] 34
[324.421. The division shall register 1
without examination any interior designer 2
certified, licensed or registered in a foreign 3
country if the applicant has qualifications 4
which are at least equivalent to the 5
requirements for registration as a registered 6
interior designer in this state and such 7
applicant pays the required fees.] 8
[324.424. 1. The division shall set the 1
amount of the fees authorized by sections 2
324.400 to 324.439 by rules and regulations. 3
The fees shall be set at a level to produce 4
revenue which shall not substantially exceed the 5
cost and expense of administering sections 6
324.400 to 324.439. All fees required pursuant 7
to sections 324.400 to 324.439 shall be paid to 8
and collected by the division of professional 9
registration and transmitted to the department 10
of revenue for deposit in the state treasury to 11
the credit of the "Interior Designer Council 12
Fund", which is hereby created. 13
2. Notwithstanding the provisions of 14
section 33.080 to the contrary, money in the 15
fund shall not be transferred and placed to the 16
credit of general revenue until the amount in 17
the fund at the end of the biennium exceeds 18
three times the amount of the appropriation to 19
the council for the preceding fiscal year. The 20
amount, if any, in the fund which shall lapse is 21
the amount in the fund which exceeds the 22
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appropriate multiple of the appropriations to 23
the council for the preceding fiscal year.] 24
[324.436. 1. The division may refuse to 1
issue any certificate required pursuant to 2
sections 324.400 to 324.439, or renew or 3
reinstate any such certificate, for any one or 4
any combination of the reasons stated in 5
subsection 2 of this section. The division 6
shall notify the applicant in writing of the 7
reasons for the refusal and shall advise the 8
applicant of the person's right to file a 9
complaint with the administrative hearing 10
commission as provided in chapter 621. 11
2. The division may cause a complaint to 12
be filed with the administrative hearing 13
commission as provided by chapter 621 against 14
any holder of a certificate of registration 15
required by sections 324.400 to 324.439 or any 16
person who has failed to renew or has 17
surrendered the person's certificate of 18
registration for any one or combination of the 19
following reasons: 20
(1) The person has been finally 21
adjudicated and found guilty, or entered a plea 22
of guilty or nolo contendere, in a criminal 23
prosecution under the laws of any state or of 24
the United States, or of any country, for any 25
offense directly related to the duties and 26
responsibilities of the occupation, as set forth 27
in section 324.012, regardless of whether or not 28
sentence is imposed; 29
(2) Use of fraud, deception, 30
misrepresentation or bribery in securing any 31
certificate of registration issued pursuant to 32
sections 324.400 to 324.439 or in obtaining 33
permission to take any examination given or 34
required pursuant to sections 324.400 to 324.439; 35
(3) Obtaining or attempting to obtain any 36
fee, charge, tuition or other compensation by 37
fraud, deception or misrepresentation; 38
(4) Incompetency, misconduct, gross 39
negligence, fraud, misrepresentation or 40
dishonesty in the performance of the functions 41
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or duties of the profession regulated by 42
sections 324.400 to 324.439; 43
(5) Violation of, or assisting or enabling 44
any person to violate, any provision of sections 45
324.400 to 324.439, or of any lawful rule or 46
regulation adopted pursuant to such sections; 47
(6) Impersonation of any person holding a 48
certificate of registration or authority, permit 49
or license or allowing any person to use the 50
person's certificate or diploma from any school; 51
(7) Disciplinary action against the holder 52
of a certificate of registration or other right 53
to perform the profession regulated by sections 54
324.400 to 324.439 granted by another state, 55
territory, federal agency or country upon 56
grounds for which revocation or suspension is 57
authorized in this state; 58
(8) A person is finally adjudged insane or 59
incompetent by a court of competent jurisdiction; 60
(9) Issuance of a certificate of 61
registration based upon a material mistake of 62
fact; 63
(10) Use of any advertisement or 64
solicitation which is false, misleading or 65
deceptive to the general public or persons to 66
whom the advertisement or solicitation is 67
primarily directed, as it relates to the 68
interior design profession. 69
3. After the filing of a complaint 70
pursuant to subsection 2 of this section, the 71
proceedings shall be conducted in accordance 72
with the provisions of chapter 536 and chapter 73
621. Upon a finding by the administrative 74
hearing commission that the grounds, provided in 75
subsection 2 of this section, for disciplinary 76
action are met, the division shall censure or 77
place the person named in the complaint on 78
probation for a period not to exceed five years 79
or may suspend the person's certificate for a 80
period not to exceed three years or may revoke 81
the person's certificate of registration.] 82
Section B. The repeal of sections 324.406 and 324.424 1
shall become effective upon notification to the revisor from 2
HCS SS#2 SB 1233 123
the director of the division of professional registration of 3
the department of commerce and insurance of the appointment 4
and confirmation of two members to the interior design 5
division of the Missouri board for architects, professional 6
engineers, professional land surveyors, professional 7
landscape architects, and licensed interior designers. 8
✓