Legislative Update: Constitutional amendments approved, new legislative leadership
Legislative Update: 2022 ballot measures
Legislative Update: Extraordinary session concludes, governor signs bills
Newly enacted legislation, Governor signs seven bills into law
On June 7, 2022, Governor Parson signed seven of the pending Truly Agreed bills into law. The bills cover a disparate range of topics from professional licensing to gaming to commercial activities. Below are general summaries of this recently enacted legislation. Each bill number is hyperlinked and leads to the final approved text of the Truly Agreed To and Finally Passed bill. Unless otherwise provided in the bill itself (through an emergency clause or a delayed effective date), the provisions of any enacted legislation will take effect on August 28, 2022.
Pursuant to the constitution, the governor will have forty-five days from when the General Assembly adjourns to act on the bills presented to him (Thursday, July 14, 2022). The appropriations bills making up the state’s operating budget must be signed prior to the start of Fiscal Year 2023 (July 1, 2022).
A complete breakdown of the 2022 Truly Agreed To and Finally Passed Legislation will be available to members of The Missouri Bar in the August issue of the Legislative Digest (prior to the August 28, 2022, effective date of most new laws), and Legislative Updates throughout the summer will feature summaries, breakdowns, and other information about TAFP bills, either grouped by practice area or as the governor takes action on them.
RECENTLY ENACTED LEGISLATION
DEFINITION OF NONFLOATING FACILITY (Section 313.800) (Amend) – The definition of “nonfloating facility” (originally enacted last year in CCS#2 HCS SS#2 SB 26) is amended to require any such structure to be within one thousand feet from the closest edge of the main channel of the Missouri or Mississippi River, as established by the United States Army Corps of Engineers. This section permits the amount of water required to be beneath or inside the facility to also be in tanks, in addition to rigid or semirigid storage containers or structures.
POWERS OF MISSOURI GAMING COMMISSION (Section 313.805) (Amend) – Subdivision (17) of this section is amended to include the phrases “or findings” and “existing licensee” in reference to hearings on requests for a transition from a boat, barge, or floating facility to a nonfloating facility.
HB 1600 (Chipman) – Relating to employees of the General Assembly
04/25/2022 – Truly Agreed To and Finally Passed
05/18/2022 – Presented to Governor
06/07/2022 – Signed by Governor
LEGISLATIVE EMPLOYEES, NUMBER, HOW DETERMINED (Section 21.155) (Amend) – Section 17 of article III of the Constitution of Missouri limits the House of Representatives to no more than 125 employees (elective, appointive, or any other) and the Senate to no more than seventy-five, until otherwise provided by law. Currently, this section provides that each chamber must approve a resolution to continue in employment during the legislative interim “such number of efficiency employees . . . as may be necessary for operation of their respective houses.” The requirement for an annual authorizing resolution is repealed.
COTTAGE FOOD PRODUCTION OPERATION (Section 196.298) (Amend) – Currently, to be defined as a “cottage food production operation” for purposes of this section, an individual operation must have an annual gross income of $50,000 or less from the sale of a baked good, a canned jam or jelly, or a dried herb or herb mix for sale at the individual’s home. The cap of $50,000 or less on annual gross income is repealed. In addition, the statutory prohibition on the sale of any such foods through the internet is removed, provided that the cottage food production operation and purchaser are both located in Missouri.
LODGING ESTABLISHMENT NOT LIABLE, WHEN (Section 419.020) (Amend) – No lodging establishment that has a safe or safe deposit boxes behind the guest registration desk for the safe custody of items shall be liable for the loss of such items, unless the guest asks that the items be placed in the safe or safe deposit box and the lodging establishment refuses or omits to do so.
LODGING ESTABLISHMENTS, DUTY TO POST RATES (Section 419.040) (Amend) – The requirement that a lodging establishment post a written or printed copy of rates charged for guest rooms in each guest room shall not apply to lodging establishments that publish current rates electronically on a public internet platform or have ten or fewer guests on an average day.
CCS#2 SS HB 2149 (Shields) – Relating to professional licensing, with an emergency clause for a certain section
05/11/2022 – Truly Agreed To and Finally Passed
05/18/2022 – Presented to Governor
06/07/2022 – Signed by Governor
HOME HEALTH AGENCIES – DEFINITIONS (Sections 197.400 and 197.445) (Amend) – For purposes of chapter 197, the term “home health agency” is amended to be a public agency or private organization or a subdivision or subunit of an agency or organization that provides two or more home health services at the residence of a patient according to a written plan of treatment signed by a physician, nurse practitioners, clinical nurse specialist, or physician assistant (rather than “a physician’s written and signed plan of treatment). The terms “nurse practitioner,” “clinical nurse specialist,” and “physician assistant” are defined, and the term “plan of treatment” is amended accordingly. References in section 197.445 are also amended accordingly.
LICENSURE RECIPROCITY – MEMBER OF THE ARMED FORCES, NATIONAL GUARD, OR ASSOCIATED EMPLOYEES OR CONTRACTORS (Section 324.005 and Section B) (New) – A professional who has a current license from another state, commonwealth, territory, or the District of Columbia to practice his or her profession shall be exempt from Missouri licensure requirements if:
- The professional is an active duty or reserve member of the Armed Forces, a member of the National Guard, a civilian employee of the U.S. Department of Defense, an authorized contractor under federal law, or a professional otherwise authorized under the U.S. Department of Defense;
- The professional practices the same occupation or profession for which the professional holds a current license; and
- The professional is engaged in the practice of a profession through a partnership with the federal Innovative Readiness Training program within the Department of Defense.
The exemption shall not permit a professional to engage in practice except as part of the federal Innovative Readiness Training program. This exemption shall only apply while:
- The professional's practice is required by the program pursuant to military orders; and
- The services provided by the professional are within the scope of practice for individual's respective profession in Missouri.
An emergency clause applied to this section, and it took effect on June 7, 2022.
LAND SURVEYORS (Sections 327.312, 327.313, 327.314, and 327.331) (Amend) – Beginning January 1, 2024, any person may apply to the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Professional Landscape Architects for enrollment as a land surveyor-intern. The individual must be a high school graduate or hold a certificate of high school equivalence (GED) and have passed any examination required by the board.
Beginning January 1, 2024, any person may apply to the board for licensure if the person presents satisfactory evidence that the applicant has met the following requirements:
- A high school graduate (or holder of a certificate of high school equivalence) and either:
- Graduation or receipt of a baccalaureate degree in an approved curriculum, including at least fifteen semester hours of approved surveying course work, of which at least six semester hours shall be in the legal aspects of boundary surveying, and at least four years of satisfactory field and office experience in land surveying under the immediate personal supervision of a professional land surveyor; or
- Passage of at least sixty hours of college credit, including at least fifteen semester hours of approved surveying course work, of which at least six semester hours shall be in legal aspects of boundary surveying, and at least five years of satisfactory field and office experience in land surveying under the immediate personal supervision of a professional land surveyor; or
- Passage of at least fifteen semester hours of approved surveying coursework, of which at least six semester hours shall be in legal aspects of land surveying, and at least six years of satisfactory field and office experience in land surveying under the immediate personal supervision of a professional land surveyor; and
- Passage of any examinations required by the board pursuant to section 327.331
Any person enrolled as a land surveyor-in-training prior to January 1, 2024, shall only be required to meet the requirements in place pursuant to their enrollment.
DENTAL SERVICES FOR MEDICALLY UNDERSERVED POPULATIONS (Section 332.325) (New) – The Missouri Dental Board may collaborate with the Department of Health and Senior Services and its Office of Dental Health to approve pilot projects designed to examine new methods of extending care to under-served populations. Such projects may employ techniques or approaches to care necessitating a waiver of statute or regulation and shall follow the requirements of chapter 332, this section, and associated regulations regarding scope, content, and reports. The Missouri Dental Board shall submit a report of the approved pilot projects to the General Assembly no later than December 1, 2025. The name, location, approval dates, and general description of an approved pilot project shall be deemed a public record pursuant to chapter 610. This section shall expire on August 28, 206.
PHYSICIANS AND SURGEONS – DENIAL, REVOCATION, OR SUSPENSION OF PROFESSIONAL LICENSE (Section 334.100) (Amend) – The Board of Registration for the Healing Arts shall not deny, revoke, suspend, or otherwise take any disciplinary action against a physician who prescribes, dispenses, administers, or otherwise distributes ivermectin or hydroxychloroquine sulfate tablets for human use.
PHYSICAL THERAPIST OR PHYSICAL THERAPIST ASSISTANT LICENSURE (Sections 334.530 and 334.655) (Amend) – As evidence of educational qualifications, a candidate for a physical therapist or physical therapist assistant license may also furnish satisfactory evidence of eligibility to graduate from an approved program of physical therapy education within ninety days. Applicants appearing for examination as to their fitness to engage in practice shall meet the qualifying standards for such examinations, including any requirements established by an entity contracted to administer the board-approved examination. No person who has failed on six or more occasions to achieve a passing score on the examination shall be eligible for licensure by examination.
PHARMACISTS – DENIAL, REVOCATION, OR SUSPENSION OF PROFESSIONAL LICENSE (Section 338.055) (Amend) – The Board of Pharmacy shall not deny, revoke, suspend, or otherwise take any disciplinary action against a pharmacist who dispenses, distributes, or sells ivermectin or hydroxychloroquine sulfate tablets for human use. Additionally, no pharmacist shall contact the prescribing physician or the patient to dispute the efficacy of such medications, unless the physician or patient inquires of the pharmacist about the efficacy of such medications.
SPEECH PATHOLOGISTS AND AUDIOLOGISTS (Sections 345.015, 345.022, 345.050, and 345.052)
Definitions (Section 345.015) (Amend) – For purposes of the Licensure Act for Speech-Language Pathologists and Audiologists (sections 345.010 to 345.080), the term “clinical fellowship” is defined as the supervised professional employment period following completion of the academic and practicum requirements of an accredited training program under chapter 345.
Provisional License (Section 345.022) (New) – During a clinical fellowship, any person shall hold a provisional license to practice speech-language pathology or audiology. The State Board of Registration for the Healing Arts may issue a provisional license to an applicant who:
- Has met the requirements for practicum and academic requirements from an accredited training program under chapter 345;
- Submits an application to the board on a prescribed form (including a plan for the content and supervision of the clinical fellowship, as well as evidence of good moral and ethical character); and
- Submits an application fee for the provisional license.
A provisional license is effective for one year and may be extended for an additional twelve months (only for the purposes of completing the postgraduate clinical experience portion of the clinical fellowship), provided that the applicant has passed the national examination and shall hold a master’s degree from an approved training program in his or her area of application. Within twelve months of the issuance of the provisional license, the applicant shall:
- Pass a Board-promulgated or -approved examination within twelve months of the issuance of the provisional license; and
- Complete the requirements for the master’s or doctoral degree from a properly accredited program.
Licensure Requirements (Section 345.050) (Amend) – To be eligible for licensure by the State Board of Registration for the Healing Arts by examination, after the receipt of a master’s or a doctoral degree and the submission of official transcripts, each applicant shall also present written evidence from supervisors of completion of a clinical fellowship. This period of employment shall be under the direct supervision of a person who is licensed by the state of Missouri in the profession in which the applicant seeks to be licensed. Persons applying with an audiology clinical doctoral degree are exempt from this provision.
Licensure Reciprocity – Definitions – Requirements – Inapplicability, When (345.052) (New) – If a person holds a valid current speech-language pathologist or audiologist license issued by another state, a branch or unit of the military, a territory of the United States, or the District of Columbia, and has been licensed for least one year in the other jurisdiction, such person may submit an application for a speech-language pathologist or audiologist license in Missouri, along with the required proof of licensure and duration of licensure. Within six months of receiving the application, The Missouri Board of Registration for the Healing Arts shall waive any examination, educational, or experience requirements for Missouri licensure if it determines that there were minimum education requirements and (if applicable) work experience and clinical supervision requirements in effect and the other state verifies the person met those requirements. The board may require the applicant to take and pass an examination specific to the laws of Missouri. Within thirty days of receiving the application of a nonresident military spouse or a resident military spouse, the board shall waive any examination, educational, or experience requirements for licensure in Missouri and issue a license if the applicant otherwise meets the requirements of this section.
The board shall not waive any examination, educational, or experience requirements for any applicant who:
- Has had his or her license revoked by an out-of-state oversight board;
- Is currently under investigation, has a complaint pending, or is currently under disciplinary action (except as provided under subdivision (2) of subsection 4);
- Does not hold a license in good standing with an out-of-state board;
- Has a criminal record that would disqualify the applicant for licensure in Missouri; or
- Does not hold a valid current license in the other jurisdiction on the date the board receives the application.
If another jurisdiction has taken disciplinary action against an applicant, the board shall determine if the cause for the action was corrected and the matter resolved. If the matter has not been resolved by the other jurisdiction, the oversight body may deny a license until the matter is resolved.
Any person who is licensed under the provisions of this section shall be subject to the board’s jurisdiction and all rules and regulations pertaining to practice as a speech-language pathologist or audiologist in Missouri.
This section shall not be construed to waive any requirement for an applicant to a pay any fees.
INTERSTATE COMPACT ON THE PRACTICE OF AUDIOLOGY AND SPEECH PATHOLOGY (Section 345.085) (New) – With this section, Missouri adopts the Interstate Compact on the Practice of Audiology and Speech Pathology (ASLP-IC). A complete summary and section-by-section description of the interstate compact is available on the ASLP-IC website. As of October 2021, fifteen other states have enacted the ASLP-IC into law. The operative tenth state (Nebraska) enacted the ASLP-IC in early 2021 The ASLP-IC Commission was scheduled to convene in January 2022 to establish rules and bylaws, a process will could take a year or longer, so the commission may begin issuing privileges in compact member states in late 2022 or early 2023.
- Section 1. Purpose
- Section 2. Definitions
- Section 3. State Participation in the Compact
- Section 4. Compact Privilege
- Section 5. Compact Privilege to Practice Telehealth
- Section 6. Active Duty Military Personnel or Their Spouses
- Section 7. Adverse Actions
- Section 8. Establishment of the Audiology and Speech-Language Pathology Compact Commission
- Section 9. Data System
- Section 10. Rulemaking
- Section 11. Oversight, Dispute Resolution, and Enforcement
- Section 12. Date of Implementation of the Interstate Commission for Audiology and Speech-Language Pathology Practice and Associated Rules, Withdrawal, and Amendment
- Section 13. Construction and Severability
- Section 14. Binding Effect of Compact and Other Laws
EARLY LEARNING QUALITY ASSURANCE REPORTING PROGRAM (Section 161.217) (Amend) – The enabling statute for the Early Learning Quality Assurance Reporting Program is amended to remove its pilot status and provide that the Department of Elementary and Secondary Education, in collaboration with the Missouri Head Start State Collaboration Office and the Department of Mental Health, shall provide a continuous quality improvement process for early learning programs and present families with updated consumer education about the quality of early learning programs through an early learning quality assurance report. The program shall automatically sunset six years after August 28, 2022, unless reauthorized by an act of the General Assembly.
MOTOR VEHICLE DEALERS – OFF-PREMISES ACTIVITIES (Section 301.566) (Amend) – This section provides that it shall be unlawful for a motor vehicle dealer to sell or offer any motor vehicle away from the dealer’s registered place of business. In addition to the current statutory exceptions, it shall not be a violation of this section for a motor vehicle dealer to:
- Deliver a motor vehicle to a customer for a test drive away from the registered place of business;
- Deliver documents to a customer to sign away from the registered place of business;
- Deliver documents to (or obtain documents from) a customer away from the registered place of business; or
- Deliver a motor vehicle to a customer away from the registered place of business.