Missouri Statute | Act | Code |Occupations And Professions| US Code - US Statute | Chapter 324 Occupations And Professions General Provisions

All governmental entities issuing professional licenses,
certificates, registrations, or permits pursuant to sections 209.319 to
209.339, RSMo, sections 214.270 to 214.516, RSMo, sections 256.010 to
256.453, RSMo, section 375.014, RSMo, sections 436.005 to 436.071, RSMo,
and chapter 317, RSMo, and chapters 324 to 346, RSMo, shall provide the
director of revenue with the name and Social Security number of each
applicant for licensure with or licensee of such entities within one
month of the date the application is filed or at least one month prior to
the anticipated renewal of a licensee's license. If such licensee is
delinquent on any state taxes or has failed to file state income tax
returns in the last three years, the director shall then send notice to
each such entity and licensee. In the case of such delinquency or failure
to file, the licensee's license shall be suspended within ninety days
after notice of such delinquency or failure to file, unless the director
of revenue verifies that such delinquency or failure has been remedied or
arrangements have been made to achieve such remedy. The director of
revenue shall, within ten business days of notification to the
governmental entity issuing the professional license that the delinquency
has been remedied or arrangements have been made to remedy such
delinquency, send written notification to the licensee that the
delinquency has been remedied. Tax liability paid in protest or
reasonably founded disputes with such liability shall be considered paid
for the purposes of this section. (L. 2003 H.B. 600 § 2, A.L. 2004 H.B.
978)

1. Sections 324.050 to 324.089 shall be known and may be cited
as the "Occupational Therapy Practice Act".

2. For the purposes of sections 324.050 to 324.089, the following terms
mean:

(1) "Board", the Missouri board of occupational therapy;

(2) "Certifying entity", the nongovernmental agency or association which
certifies or registers individuals who have completed academic and
training requirements;

(3) "Director", the director of the division of professional registration;

(4) "Division", the division of professional registration of the
department of economic development;

(5) "Occupational therapist", a person licensed to practice occupational
therapy as defined in this section and whose license issued pursuant to
sections 324.050 to 324.089;

(6) "Occupational therapy", the use of purposeful activity or
interventions designed to achieve functional outcomes which promote
health, prevent injury or disability and which develop, improve, sustain
or restore the highest possible level of independence of any individual
who has an injury, illness, cognitive impairment, psychosocial
dysfunction, mental illness, developmental or learning disability,
physical disability or other disorder or condition. It shall include
assessment by means of skill observation or evaluation through the
administration and interpretation of standardized or nonstandardized
tests and measurements. Occupational therapy services include, but are
not limited to:

(a) The assessment and provision of treatment in consultation with the
individual, family or other appropriate persons;

(b) Interventions directed toward developing, improving, sustaining or
restoring daily living skills, including self-care skills and activities
that involve interactions with others and the environment, work readiness
or work performance, play skills or leisure capacities or enhancing
educational performances skills;

(c) Developing, improving, sustaining or restoring sensorimotor,
oral-motor, perceptual or neuromuscular functioning; or emotional,
motivational, cognitive or psychosocial components of performance; and

(d) Education of the individual, family or other appropriate persons in
carrying out appropriate interventions.

Such services may encompass assessment of need and the design,
development, adaptation, application or training in the use of assistive
technology devices; the design, fabrication or application of
rehabilitative technology such as selected orthotic devices, training in
the use of orthotic or prosthetic devices; the application of ergonomic
principles; the adaptation of environments and processes to enhance
functional performance; or the promotion of health and wellness;

(7) "Occupational therapy aide", a person who assists in the practice of
occupational therapy under the direct supervision of an occupational
therapist or occupational therapy assistant at all times and whose
activities require an understanding of occupational therapy but do not
require training in the basic anatomical, biological, psychological and
social sciences involved in the practice of occupational therapy;

(8) "Occupational therapy assistant", a person who is licensed as an
occupational therapy assistant by the division, in collaboration with the
board. The function of an occupational therapy assistant is to assist an
occupational therapist in the delivery of occupational therapy services
in compliance with federal regulations and rules promulgated by the
division, in collaboration with the Missouri board of occupational
therapy. (L. 1997 S.B. 141 §§ 1, 2, A.L. 1999 H.B. 343)

1. No person shall practice occupational therapy or hold himself
or herself out as an occupational therapist or occupational therapy
assistant or as being able to practice occupational therapy, or to render
occupational therapy services in this state unless such person is
licensed or holds a valid permit pursuant to sections 324.050 to 324.089.

2. A licensed occupational therapy assistant shall be directly supervised
by a licensed occupational therapist. The licensed occupational therapist
shall have the responsibility of supervising the occupational therapy
treatment program. No licensed occupational therapist shall have under
his or her direct supervision more than four occupational therapy
assistants. (L. 1997 S.B. 141 § 3, A.L. 1999 H.B. 343)

If a person does not represent or hold himself or herself out as
an occupational therapist or occupational therapy assistant as defined in
section 324.050, nothing in sections 324.050 to 324.089 shall be
construed to limit, preclude or otherwise interfere with:

(1) The practice, service or activities of any person licensed in this
state pursuant to any other law from engaging in the profession or
occupation for which the person is licensed;

(2) Employed as an occupational therapist or occupational therapy
assistant by the government of the United States or any agency of it, if
such person provides occupational therapy solely under the direction or
control of the organization by which the person is employed;

(3) Pursuing a supervised course of study leading to a degree or
certificate in occupational therapy at an accredited or approved
educational program, if such person is designated by a title which
clearly indicates the person's status as a student or trainee. (L. 1997
S.B. 141 § 4)

1. There is hereby created within the division of professional
registration a board to be known as the "Missouri Board of Occupational
Therapy". The board shall consist of six members, all of whom shall be
citizens of the United States and registered voters of the state of
Missouri. The governor shall appoint the members of the board with the
advice and consent of the senate for terms of three years; except as
provided in subsection 3 of this section. Nonpublic members shall have
been engaged in rendering occupational therapy services, in teaching or
in research in occupational therapy for at least five years immediately
preceding the person's appointment to the board. Three board members
shall be occupational therapists. One member shall be an occupational
therapy assistant. Such members shall at all times be holders of licenses
for the practice of occupational therapy in this state; except for the
members of the first board who shall be registered pursuant to section
334.838, RSMo, on August 28, 1997, and shall meet the requirements for
licensure pursuant to sections 324.050 to 324.089. The remaining two
members shall be members of the public. All members shall be chosen from
lists submitted by the director of the division of professional
registration.

2. No member of the board shall serve more than two consecutive
three-year terms. A vacancy in the office of any member shall only be
filled for the unexpired term.

3. The initial appointments to the board shall be two members for terms
of one year, two members for terms of two years and two members for terms
of three years.

4. The public members of the board shall not be and never have been
members of any profession regulated by the provisions of sections 324.050
to 324.089, or the spouse of any such person; and persons who do not have
and never have had a material financial interest in either the providing
of the professional services regulated by the provisions of sections
324.050 to 324.089 or an activity or organization directly related to the
profession regulated pursuant to sections 324.050 to 324.089.

5. Any member of the board may be removed from the board by the governor
for neglect of duty required by law, for incompetency or for unethical or
dishonest conduct. Upon the death, resignation, disqualification or
removal of any member of the board, the governor shall appoint a
successor. (L. 1997 S.B. 141 § 5, A.L. 1999 H.B. 343)

1. The board shall elect annually a chairperson and a vice
chairperson from their number.

2. The division, in collaboration with the board, shall adopt, implement,
rescind, amend and administer such rules and regulations as may be
necessary to carry out the provisions of sections 324.050 to 324.089. The
division, in collaboration with the board, may promulgate necessary rules
compatible with sections 324.050 to 324.089, including, but not limited
to, rules relating to professional conduct, continuing competency
requirements for renewal of licenses, approval of continuing competency
programs and to the establishment of ethical standards of practice for
persons holding a license or permit to practice occupational therapy in
this state.

3. The board shall convene at the request of the director or as the board
shall determine. The board shall hold regular meetings at least four
times per year.

4. Each member of the board shall receive as compensation, an amount set
by the division not to exceed fifty dollars per day, for each day devoted
to the affairs of the board and may be reimbursed for actual and
necessary expenses incurred in the performance of the member's official
duties.

5. No rule or portion of a rule promulgated pursuant to the authority of
sections 324.050 to 324.089 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1997
S.B. 141 § 6)

For the purpose of sections 324.050 to 324.089, the division
shall:

(1) Employ, within the limits of the appropriations for that purpose,
employees as are necessary to carry out the provisions of sections
324.050 to 324.089;

(2) Exercise all administrative functions;

(3) Establish all applicable fees; set at an amount which shall not
substantially exceed the cost of administering sections 324.050 to
324.089;

(4) Deposit all fees collected pursuant to sections 324.050 to 324.089,
by transmitting such funds to the department of revenue for deposit to
the state treasury to the credit of the Missouri board of occupational
therapy fund;

(5) Approve or disapprove certifying entities for the profession of
occupational therapy included in the scope of sections 324.050 to
324.089; and

(6) The division may terminate recognition of any certifying entity
included in the scope of sections 324.050 to 324.089 following a
subsequent review of the certification of registration procedures of a
certifying entity. (L. 1997 S.B. 141 § 7)

1. The applicant applying for a license to practice occupational
therapy shall provide evidence of being initially certified by a
certifying entity and has completed an application for licensure and all
applicable fees have been paid.

2. The certification requirement shall be waived for those persons who
hold a current registration by the division as an occupational therapist
or occupational therapy assistant on August 28, 1997, provided that this
application is made on or before October 31, 1997, and all applicable
fees have been paid. All other requirements of sections 324.050 to
324.089 must be satisfied.

3. The person shall have no violations, suspensions, revocation or
pending complaints for violation of regulations from a certifying entity
or any governmental regulatory agency in the past five years.

4. The division, in collaboration with the board, may negotiate
reciprocal contracts with other states, the District of Columbia, or
territories of the United States which require standards for licensure,
registration or certification considered to be equivalent or more
stringent than the requirements for licensure pursuant to sections
324.050 to 324.089. (L. 1997 S.B. 141 § 8, A.L. 1999 H.B. 343)

All money held in the health care providers fund shall be
transferred to the "Missouri Board of Occupational Therapy Fund" which is
hereby created. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in the Missouri board of occupational therapy fund
shall not be transferred and placed to the credit of general revenue
until the amount in the fund at the end of the biennium exceeds three
times the amount of appropriation from the fund for the preceding fiscal
year. All fees shall be set at an amount which shall not substantially
exceed the cost of administering sections 324.050 to 324.089. (L. 1997
S.B. 141 § 9)

The division, in collaboration with the board, may issue a
limited permit, upon the payment of applicable fees and completion of the
required application, to a person who sufficiently provides proof of
eligibility to set for the first available examination upon completion of
all other necessary requirements for certification by the certifying
entity. The limited permit shall allow the person to practice
occupational therapy under the supervision of a person currently licensed
pursuant to sections 324.050 to 324.089. A limited permit shall only be
effective up to but not to exceed the time the results of the second
available examination are received by the board unless the person
successfully passes the examination in which instance the limited permit
shall remain valid for an additional sixty days. (L. 1997 S.B. 141 § 10)

1. The division shall mail a renewal notice to the last known
address of each licensee prior to the renewal date. Failure to provide
the division with the information required for renewal or to pay the
required fee after such notice shall result in the license being declared
inactive and the licensee shall not practice occupational therapy until
he or she applies for reinstatement and pays the required fees. The
license shall be restored if the application is received within two years
of the renewal date.

2. Upon request, the division, in collaboration with the board, may grant
inactive status to a licensee, if the person:

(1) Does not practice occupational therapy in the state of Missouri;

(2) Does not hold himself or herself out as an occupational therapist or
an occupational therapy assistant in the state of Missouri;

(3) Maintains any continuing competency requirements established by the
division, in collaboration with the board; and

(4) Remits any fee that may be required. (L. 1997 S.B. 141 § 11)

1. The board may refuse to issue or renew any certificate of
registration or authority, permit or license required pursuant to
sections 324.050 to 324.089 for one or any combination of causes stated
in subsection 2 of this section. The board shall notify the applicant in
writing of the reasons for the refusal and shall advise the applicant of
his or her right to file a complaint with the administrative hearing
commission as provided by chapter 621, RSMo.

2. The board may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any certificate of registration or authority, permit or license
required by sections 324.050 to 324.089 or any person who has failed to
renew or has surrendered his or her certificate of registration or
authority, permit or license for any one or any combination of the
following causes:

(1) Use or unlawful possession of any controlled substance, as defined in
chapter 195, RSMo, or alcoholic beverage to an extent that such use
impairs a person's ability to perform the work of an occupational
therapist or occupational therapy assistant;

(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution under the
laws of any state or of the United States, for any offense reasonably
related to the qualifications, functions or duties of any profession
licensed or regulated by sections 324.050 to 324.089, for any offense an
essential element of which is fraud, dishonesty or an act of violence, or
for any offense involving moral turpitude, whether or not sentence is
imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any
certificate of registration or authority, permit or license issued
pursuant to sections 324.050 to 324.089 or in obtaining permission to
take any examination given or required pursuant to sections 324.050 to
324.089;

(4) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;

(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions and duties of any
profession licensed or regulated by sections 324.050 to 324.089;

(6) Violation of, or assisting or enabling any person to violate, any
provision of sections 324.050 to 324.089 or any lawful rule or regulation
adopted pursuant to sections 324.050 to 324.089;

(7) Impersonation of any person holding a certificate of registration or
authority, permit or license or allowing any person to use his or her
certificate of registration or authority, permit, license or diploma from
any school;

(8) Disciplinary action against the holder of a license or other right to
practice any profession regulated by sections 324.050 to 324.089 granted
by another state, territory, federal agency or country upon grounds for
which revocation or suspension is authorized in this state;

(9) A person is finally adjudged insane or incompetent by a court of
competent jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by sections 324.050 to 324.089 who
is not registered and currently eligible to practice pursuant to sections
324.050 to 324.089;

(11) Issuance of a certificate of registration or authority, permit or
license based upon a material mistake of fact;

(12) Violation of any professional trust or confidence;

(13) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed;

(14) Unethical conduct as defined in the ethical standards for
occupational therapists and occupational therapy assistants adopted by
the division and filed with the secretary of state;

(15) Violation of the drug laws or rules and regulations of this state,
any other state or federal government.

3. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapter 621, RSMo. Upon a finding by
the administrative hearing commission that the grounds provided in
subsection 2 of this section for disciplinary action are met, the board
may, singly or in combination, censure or place the person named in the
complaint on probation with such terms and conditions as the board deems
appropriate for a period not to exceed five years, or may suspend, for a
period not to exceed three years, or may revoke the license, certificate
or permit.

4. An individual whose license has been revoked shall wait at least one
year from the date of revocation to apply for relicensure. Relicensure
shall be at the discretion of the board after compliance with all
requirements of sections 324.050 to 324.089 relative to the licensing of
the applicant for the first time. (L. 1997 S.B. 141 § 13, A.L. 1999 H.B.
343, A.L. 2001 H.B. 567)

1. Any person or corporation who knowingly violates any
provision of sections 324.050 to 324.089 is guilty of a class B
misdemeanor.

2. Any officer or agent of a corporation or member or agent of a
partnership or association, who knowingly and personally participates in,
or is an accessory to, any violation of sections 324.050 to 324.089 is
guilty of a class B misdemeanor.

3. The provisions of this section shall not be construed to release any
person from civil liability or criminal prosecution pursuant to any other
law of this state.

4. The division, in collaboration with the board, may cause a complaint
to be filed for any violation of sections 324.050 to 324.089 in any court
of competent jurisdiction and perform such other acts as may be necessary
to enforce the provisions of sections 324.050 to 324.089. (L. 1997 S.B.
141 § 14)

Sections 324.125 to 324.183 shall be known and may be cited as
the "Clinical Perfusionist Licensure Act". (L. 1997 S.B. 141 § 15)

As used in sections 324.125 to 324.183, the following terms mean:

(1) "Board", the state board of registration for the healing arts;

(2) "Division", the division of professional registration of the
department of economic development;

(3) "Extracorporeal circulation", the diversion of a patient's blood
through a heart-lung machine or a similar device that assumes the
functions of the patient's heart, lungs, kidney, liver or other organs;

(4) "Licensed clinical perfusionist", a person licensed pursuant to
sections 324.125 to 324.183;

(5) "Perfusion", the functions necessary for the support, treatment,
measurement or supplementation of the cardiovascular, circulatory,
respiratory systems or other organs, or a combination of such activities,
and to ensure the safe management of physiologic functions by monitoring
and analyzing the parameters of the systems under an order and under the
supervision of a licensed physician, including:

(a) The use of extracorporeal circulation, long-term cardiopulmonary
support techniques including extracorporeal carbon-dioxide removal and
extracorporeal membrane oxygenation and associated therapeutic and
diagnostic technologies;

(b) Counterpulsation, ventricular assistance, autotransfusion, blood
conservation techniques, myocardial and organ preservation,
extracorporeal life support and isolated limb perfusion;

(c) The use of techniques involving blood management, advanced life
support and other related functions; and

(d) In the performance of the acts described in this subdivision:

a. The administration of:

i. Pharmacological and therapeutic agents;

ii. Blood products or anesthetic agents through the extracorporeal
circuit or through an intravenous line as ordered by a physician;

b. The performance and use of:

i. Anticoagulation monitoring and analysis;

ii. Physiologic monitoring and analysis;

iii. Blood gas and chemistry monitoring and analysis;

iv. Hematologic monitoring and analysis;

v. Hypothermia and hyperthermia;

vi. Hemoconcentration and hemodilution;

vii. Hemodialysis;

c. The observation of signs and symptoms related to perfusion services,
the determination of whether the signs and symptoms exhibit abnormal
characteristics and the implementation of appropriate reporting, clinical
perfusion protocols or changes in, or the initiation of, emergency
procedures;

(6) "Perfusion protocols", perfusion-related policies and protocols
developed or approved by a licensed health care facility or a physician
through collaboration with administrators, licensed clinical
perfusionists and other health care professionals;

(7) "Provisional clinical licensed perfusionist", a person provisionally
licensed pursuant to sections 324.125 to 324.183. (L. 1997 S.B. 141 § 16,
A.L. 1999 H.B. 343)

Notwithstanding the provisions of sections 324.125 to 324.183,
prior to but not beyond January 1, 2001, a person is eligible to make
application to the board and receive a license, if the person is actively
engaged in the practice of perfusion consistent with sections 324.125 to
324.183 and if the person meets one of the following requirements:

(1) The person, on August 28, 1997, was operating cardiopulmonary bypass
systems during cardiac surgical cases in a licensed health care facility
as the person's primary function and had been operating the systems for
at least the immediately preceding eight years; or

(2) The person has at least six years experience, within the last eight
years, operating cardiopulmonary bypass systems during cardiac surgical
cases in a licensed health care facility as the person's primary
function. (L. 1997 S.B. 141 § 17, A.L. 2000 H.B. 1848)

The board shall license by examination, or otherwise as provided
in sections 324.125 to 324.183, all licensed clinical perfusionists in
this state, who meet the requirements of sections 324.125 to 324.183. (L.
1997 S.B. 141 § 18)

1. A candidate for a license to practice as a licensed clinical
perfusionist shall submit a sworn application accompanied by the required
fees. The board shall prescribe the form of the application and by rule
may establish dates by which applications and fees must be received.

2. To qualify for the licensing examination, the applicant shall have
successfully completed a perfusion education program approved by the
board. In approving perfusion education programs necessary for
qualification for licensing examination, the board shall approve only a
program that has education standards established by the Accreditation
Committee for Perfusion Education and approved by the Commission on
Accreditation of Allied Health Education Programs or its successor.

3. All fees payable pursuant to sections 324.125 to 324.183 shall be
collected by the division of professional registration and transmitted to
the department of revenue for deposit in the state treasury to the credit
of the board of registration for the healing arts fund established in
section 334.050, RSMo. The licensed perfusionists fund is hereby
abolished. Any funds remaining in the licensed perfusionists fund on
August 28, 1999, shall be transferred to the board of registration for
the healing arts fund. (L. 1997 S.B. 141 § 19, A.L. 1999 H.B. 343)

1. To qualify for a license, an applicant shall pass a
competency examination given by the American Board of Cardiovascular
Perfusion or its successor organization.

2. Not later than forty-five days after the date on which a licensing
examination is administered pursuant to sections 324.125 to 324.183, the
division shall notify each examinee of the results of the examination.

3. The board by rule shall establish:

(1) A limit on the number of times an applicant who fails an examination
may retake the examination; and

(2) The requirements for reexamination and the amount of any
reexamination fee. (L. 1997 S.B. 141 § 20)

A person licensed pursuant to the provisions of sections 324.125
to 324.183 shall display the license certificate issued pursuant to
sections 324.125 to 324.183 in a prominent place at the site, location or
office from which such person practices such person's profession or such
license holder shall maintain on file at all times during which the
license holder provides services in a health care facility a true and
correct copy of the license certificate in the appropriate records of the
facility. A license holder shall inform the division of any change of
address for the license holder. A license certificate issued by the board
is the property of the board and shall be surrendered upon demand. (L.
1997 S.B. 141 § 21)

1. The board may establish by administrative rule a system which
provides that licenses expire on various dates. A person may renew an
unexpired license by submitting proof satisfactory to the board of
compliance with the continuing professional education requirements
prescribed by the board and paying the required renewal fee to the board
before the expiration date of the license.

2. If a person's license has been expired for not more than two years,
the person may renew the license by submitting proof, satisfactory to the
board, of compliance with the continuing professional education
requirements prescribed by the board and any penalty fee prescribed by
the board.

3. If a person's license has been expired two years or more, the person
may not renew the license. The person may obtain a new license by
submitting to reexamination and complying with the current requirements
and procedures for obtaining a license.

4. The board may renew without reexamination an expired license of a
person who was licensed in this state, moved to another state or states,
and is currently appropriately licensed or certified and has been in
practice in another state or states for two years immediately preceding
the person's application to renew a license. The person shall be required
to pay the required fee as established by the board.

5. The board shall notify each license holder in writing of the license
expiration date before the thirteenth day before such date by notice to
the license holder at the license holder's last known address according*
to the records of the board. (L. 1997 S.B. 141 § 22)

*Word "accordingly" appears in original rolls.

1. A license as a provisional licensed clinical perfusionist may
be issued by the board to a person who has successfully completed an
approved perfusion education program and upon the filing of an
application, payment of an application fee and the submission of evidence
satisfactory to the board of the successful completion of the education
requirements as provided in section 324.136.

2. A license as a provisional licensed clinical perfusionist may also be
issued by the board to a person who has held a certificate as a certified
clinical perfusionist issued by the American Board of Cardiovascular
Perfusion, or its successor, if the person's certificate lapsed for
reasons other than disciplinary action by the American Board of
Cardiovascular Perfusion. The board shall adopt rules to ensure that the
person is actively seeking to obtain a current certification by the
American Board of Cardiovascular Perfusion as a means of obtaining a
license as a clinical perfusionist pursuant to subdivision (2) of section
324.150.

3. A provisional licensed clinical perfusionist shall be under
supervision and direction of a licensed clinical perfusionist at all
times during which the provisional licensed clinical perfusionist
performs perfusion. The board may adopt rules governing such supervision
and direction which do not require the immediate physical presence of the
supervising licensed clinical perfusionist.

4. A provisional license shall be valid for one year from the date it is
issued and may be renewed, subject to rules adopted by the board, by the
same procedures established for the renewal of licenses pursuant to
section 324.144, if the application for renewal is signed by a
supervising licensed clinical perfusionist.

5. If a provisional licensed clinical perfusionist who obtains a
provisional license pursuant to subsection 1 of this section fails any
portion of the licensure examination, such person shall surrender the
person's provisional license to the board. (L. 1997 S.B. 141 § 23, A.L.
2002 H.B. 1937)

On receipt of an application and application fee, the board may
waive the examination and educational requirements for an applicant who
at the time of application:

(1) Is appropriately licensed or certified by another state, territory or
possession of the United States, if the requirements of such state,
territory or possession for the license or certificate are substantially
equivalent to the requirements of sections 324.125 to 324.183 as
determined by the board; or

(2) Holds a current certificate as a certified clinical perfusionist
initially issued by the American Board of Cardiovascular Perfusion, or
its successor, prior to August 28, 1997. (L. 1997 S.B. 141 § 24, A.L.
2002 H.B. 1937)

1. A person may not engage or offer to engage in perfusion, as
defined in sections 324.125 to 324.183, for compensation or use the title
or represent or imply that the person has the title of "licensed clinical
perfusionist" or "provisional licensed clinical perfusionist" or use the
letters "LCP" or "PLCP" and may not use any facsimile of such titles in
any manner to indicate or imply that the person is a licensed
perfusionist or provisional licensed perfusionist unless the person holds
an appropriate license issued pursuant to sections 324.125 to 324.183.

2. A person may not use the title or represent or imply that such person
has the title of "certified clinical perfusionist" or use the letters
"CCP" and may not use any facsimile of such title in any manner to
indicate or imply that such person is a certified clinical perfusionist
by the American Board of Cardiovascular Perfusion unless the person holds
a certificate as a certified clinical perfusionist issued by the American
Board of Cardiovascular Perfusion.

3. Any person who violates the provisions of subsection 1 or 2 of this
section is guilty of a class B misdemeanor. (L. 1997 S.B. 141 § 25)

The provisions of sections 324.125 to 324.183 shall not apply to:

(1) A person licensed as a health care professional pursuant to the
revised statutes of Missouri, if:

(a) The person does not represent to the public, directly or indirectly,
that the person is licensed pursuant to sections 324.125 to 324.183, and
does not use any name, title or designation indicating that the person is
licensed pursuant to sections 324.125 to 324.183; and

(b) The person limits the person's acts or practice to the scope of
practice authorized by the appropriate licensing agency;

(2) A student enrolled in an accredited perfusion education program, if
perfusion services performed by the student:

(a) Are an integral part of the student's course of study; and

(b) Are performed under the direct supervision of a licensed clinical
perfusionist assigned to supervise the student and who is on duty and
immediately available in the assigned patient care area;

(3) The practice of any legally qualified perfusionist employed by the
United States government while in the discharge of the person's official
duties. (L. 1997 S.B. 141 § 26)

The board shall:

(1) Adopt and publish a code of ethics;

(2) Establish the qualifications and fitness of applicants of licenses,
renewal of licenses and reciprocal licenses;

(3) Revoke, suspend or deny a license, suspend a license or reprimand a
license holder for a violation of sections 324.125 to 324.183, the code
of ethics or the rules adopted by the board;

(4) Provide for the expenditure of funds necessary for the proper
administration of its assigned duties;

(5) Establish reasonable and necessary fees for the administration and
implementation of sections 324.125 to 324.183. Fees shall be established
at a rate that does not significantly exceed the cost of administering
the provisions of sections 324.125 to 324.183;

(6) Establish continuing professional education requirements for licensed
clinical perfusionists and provisional licensed clinical perfusionists,
the standards of which shall be at least as stringent as those of the
American Board of Cardiovascular Perfusion or its successor agency;

(7) Within the limits of its appropriation, employ and remove board
personnel, as defined in subdivision (4) of subsection 15 of section
620.010, RSMo, as may be necessary for the efficient operation of the
board;

(8) Adopt the training and clinical competency requirements established
by the department of health and senior services through hospital
licensing regulations promulgated pursuant to chapter 197, RSMo. The
provisions of sections 324.125 to 324.183 to the contrary
notwithstanding, the board shall not regulate a perfusionist's training,
education or fitness to practice except as specifically provided by the
hospital licensing regulations of the department of health and senior
services. In promulgating such regulations, the department of health and
senior services shall adopt the standards of the American Board of
Cardiovascular Perfusion, or its successor organization, or comparable
standards for training and experience. The department shall by rule and
regulation provide that individuals providing perfusion services who do
meet such standards may continue their employment in accordance with
section 324.130. The department shall also establish standards for
provisional licensed clinical perfusionists pursuant to section 324.147.
(L. 1997 S.B. 141 § 27)

1. The board shall keep an information file about each complaint
filed with the board. The board's information file shall be kept current
and contain a record for each complaint of:

(1) All persons contacted in relation to the complaint;

(2) A summary of findings made at each step of the complaint process;

(3) An explanation of the legal basis and reason for a complaint that is
dismissed; and

(4) Other relevant information.

2. If a written complaint is filed with the board that the board has
authority to resolve, the board, at least as frequently as quarterly and
until final disposition of the complaint, shall notify the parties to the
complaint of the status of the complaint unless the notice would
jeopardize an ongoing investigation.

3. The board shall adopt by rule a form to standardize information
concerning complaints made to the board. The board shall prescribe by
rule information to be provided to a person when the person files a
complaint with the board.

4. The board shall provide reasonable assistance to a person who wishes
to file a complaint with the board. (L. 1997 S.B. 141 § 28)

1. The board shall adopt rules concerning the investigation of a
complaint filed with the board. The rules adopted pursuant to this
subsection shall:

(1) Distinguish between categories of complaints;

(2) Ensure that complaints are not dismissed without appropriate
consideration;

(3) Require that the board be advised of a complaint that is dismissed
and that a letter be sent to the person who filed the complaint
explaining the action taken on the dismissed complaint;

(4) Ensure that the person who filed the complaint has an opportunity to
explain the allegations made in the complaint; and

(5) Prescribe guidelines concerning the categories of complaints that
require the use of a private investigator and the procedures for the
board to obtain the services of a private investigator.

2. The board shall dispose of all complaints in a timely manner. The
board shall establish a schedule for conducting each phase of a complaint
that is under the control of the board not later than the tenth day after
the date the complaint is received by the board. The schedule shall be
kept in the information file for the complaint and all parties shall be
notified of the projected time requirements for pursuing the complaint. A
change in the schedule shall be noted in the complaint information file
and all parties to the complaint shall be notified not later than five
days after the date the change is made.

3. The executive director of the board shall notify the board of a
complaint that extends beyond the time prescribed by the board for
resolving the complaint so that the board may take necessary action on
the complaint. (L. 1997 S.B. 141 § 29)

The board shall develop by rule a system for monitoring a
license holder's compliance with the requirements of sections 324.125 to
324.183. Rules adopted pursuant to this section shall include procedures
for monitoring a license holder who is ordered by the board to perform
certain acts to ascertain that the license holder performs the required
acts and to identify and monitor license holders who represent a risk to
the public. (L. 1997 S.B. 141 § 30)

1. The board may refuse to issue any certificate of registration
or authority, permit, or license required by sections 324.125 to 324.183
for one or any combination of causes listed in subsection 2 of this
section. The board shall notify the applicant in writing of the reasons
for the refusal and shall advise the applicant of the applicant's right
to file a complaint with the administrative hearing commission as
provided in chapter 621, RSMo.

2. The board may cause a complaint to be filed with the administrative
hearing commission as provided in chapter 621, RSMo, against any holder
of any certificate of registration or authority, permit, or license
required by sections 324.125 to 324.183 or any person who has failed to
renew or has surrendered his or her certificate of registration or
authority, permit, or license for any one or combination of the following
causes:

(1) Any violation of sections 324.125 to 324.183;

(2) Any violation of a rule or code of ethics adopted by the board; or

(3) Unprofessional conduct, which includes, but is not limited to, the
following:

(a) Incompetence or gross negligence in carrying out usual perfusion
functions;

(b) A conviction of practicing perfusion without a license or a
provisional license;

(c) The use of advertising relating to perfusion in a way that violates
state law;

(d) Procuring a license or provisional license by fraud,
misrepresentation or mistake;

(e) Making or giving any false statement or information in connection
with the application for a license or provisional license;

(f) Conviction of a felony or of any offense substantially related to the
qualifications, functions and duties of a perfusionist, in which event
the record of the conviction shall be conclusive evidence of such
offense; or

(g) Impersonating an applicant or acting as proxy for an applicant in any
examination required pursuant to sections 324.125 to 324.183 for the
issuance of a license.

3. After the filing of such complaint, the proceedings shall be conducted
in accordance with chapter 621, RSMo. Upon a finding by the
administrative hearing commission that the grounds in subsection 2 of
this section for disciplinary action are met, the board may, singly or in
combination:

(1) Reprimand or place the person on probation on such terms and
conditions as the board deems appropriate for a period not to exceed ten
years; or

(2) Suspend the person's license, certificate, or permit for a period not
to exceed three years; or

(3) Revoke the person's license, certificate, or permit. (L. 1997 S.B.
141 § 31, A.L. 2002 H.B. 1937)

For the purposes of sections 324.125 to 324.183, the board:

(1) Shall request and receive necessary assistance from state educational
institutions or other state agencies;

(2) Shall prepare a registry of licensed clinical perfusionists and
provisional licensed clinical perfusionists and make this information
available to the general public, license holders and appropriate state
agencies;

(3) May request the attorney general or an appropriate prosecuting
attorney to institute a suit to enjoin a violation of sections 324.125 to
324.183 in addition to any other action, proceeding or remedy authorized
by law. (L. 1997 S.B. 141 § 32)

1. There is hereby established an "Advisory Commission for
Clinical Perfusionists" which shall guide, advise and make
recommendations to the board. The commission shall approve the
examination required by section 324.133 and shall assist the board in
carrying out the provisions of sections 324.125 to 324.183.

2. The advisory commission shall consist of five perfusionist members and
two public members which shall be appointed by the governor with the
advice and consent of the senate. The members of the commission shall be
appointed for terms of six years; except those first appointed, of which
one shall be appointed for a term of one year, one shall be appointed for
a term of two years, one shall be appointed for a term of three years,
one shall be appointed for a term of four years, one shall be appointed
for a term of five years and one shall be appointed for a term of six
years. The nonpublic commission members shall be residents of the state
of Missouri for at least one year, shall be United States citizens and
shall meet all the requirements for licensing provided in sections
324.125 to 324.183, shall be licensed pursuant to sections 324.125 to
324.183, except the members of the first commission, who shall be
licensed within six months of their appointment and are actively engaged
in the practice of perfusion. If a member of the commission shall, during
the member's term as a commission member, remove the member's domicile
from the state of Missouri, then the commission shall immediately notify
the governor and the seat of that commission member shall be declared
vacant. All such vacancies shall be filled by appointment as in the same
manner as the preceding appointment. The public members shall be at the
time of the members' appointment citizens of the United States; residents
of the state for a period of at least one year and registered voters;
persons who are not and never were members of any profession licensed or
regulated pursuant to sections 324.125 to 324.183 or the spouse of such
person; persons who do not have and never have had a material, financial
interest in either the provision of the professional services regulated
by sections 324.125 to 324.183, or an activity or organization directly
related to any profession licensed or regulated by sections 324.125 to
324.183.

3. Notwithstanding any other provision of law to the contrary, any
appointed member of the commission shall receive as compensation an
amount established by the director of the division of professional
registration not to exceed seventy dollars per day for commission
business plus actual and necessary expenses. The director of the division
of professional registration shall establish by rule guidelines for
payment. All staff for the commission shall be provided by the division
of professional registration.

4. A member of the commission may be removed if the member:

(1) Does not have, at the time of appointment, the qualifications
required for appointment to the commission;

(2) Does not maintain during service on the commission the qualifications
required for appointment to the commission;

(3) Violates any provision of sections 324.125 to 324.183;

(4) Cannot discharge the member's duties for a substantial part of the
term for which the member is appointed because of illness or disability;
or

(5) Is absent from more than half of the regularly scheduled commission
meetings that the member is eligible to attend during a calendar year,
unless the absence is excused by a majority vote of the commission. (L.
1997 S.B. 141 § 33, A.L. 2001 H.B. 567)

Not later than thirty days after the governor appoints the
initial members of the commission and annually thereafter, the commission
shall meet and elect one of its members as chairperson and one of its
members as vice chairperson. The commission shall meet at least quarterly
or at any other time if called by the chairperson or a majority of the
commission. A majority of the members of the commission shall constitute
a quorum. (L. 1997 S.B. 141 § 34)

The board may promulgate administrative rules not inconsistent
with sections 324.125 to 324.183 necessary to administer the provisions
of sections 324.125 to 324.183 as provided in chapter 536, RSMo. No rule
or portion of a rule promulgated pursuant to the authority of sections
324.125 to 324.183 shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo. (L. 1997 S.B. 141 §
35)

1. Sections 324.200 to 324.225 shall be known and may be cited
as the "Dietitian Practice Act".

2. As used in sections 324.200 to 324.225, the following terms shall mean:

(1) "Commission on Accreditation for Dietetics Education (CADE)", the
American Dietetic Association's accrediting agency for education programs
preparing students for professions as registered dietitians;

(2) "Committee", the state committee of dietitians established in section
324.203;

(3) "Dietetics practice", the application of principles derived from
integrating knowledge of food, nutrition, biochemistry, physiology,
management, and behavioral and social science to achieve and maintain the
health of people by providing nutrition assessment and nutrition care
services. The primary function of dietetic practice is the provision of
nutrition care services that shall include, but not be limited to:

(a) Assessing the nutrition needs of individuals and groups and
determining resources and constraints in the practice setting;

(b) Establishing priorities, goals, and objectives that meet nutrition
needs and are consistent with available resources and constraints;

(c) Providing nutrition counseling or education in health and disease;

(d) Developing, implementing, and managing nutrition care systems;

(e) Evaluating, making changes in, and maintaining appropriate standards
of quality and safety in food and in nutrition services;

(f) Engaged in medical nutritional therapy as defined in subdivision* (8)
of this section;

(4) "Dietitian", one engaged in dietetic practice as defined in
subdivision* (3) of this section;

(5) "Director", the director of the division of professional registration
in the department of economic development;

(6) "Division", the division of professional registration of economic
development;

(7) "Licensed dietitian", a person who is licensed pursuant to the
provisions of sections 324.200 to 324.225 to engage in the practice of
dietetics or medical nutrition therapy;

(8) "Medical nutrition therapy", nutritional diagnostic, therapy, and
counseling services which are furnished by a registered dietitian;

(9) "Registered dietitian", a person who:

(a) Has completed a minimum of a baccalaureate degree granted by a United
States regionally accredited college or university or foreign equivalent;

(b) Completed the academic requirements of a didactic program in
dietetics, as approved by CADE;

(c) Successfully completed the registration examination for dietitians;
and

(d) Accrued seventy-five hours of approved continuing professional units
every five years; as determined by the committee on dietetic
registration. (L. 1998 H.B. 1601, et al. merged with S.B. 650, A.L. 2004
S.B. 1122)

*Word "subsection" appears in original rolls.

1. There is hereby created within the division of professional
registration, a committee to be known as the "State Committee of
Dietitians". The committee shall assist the division in administering and
enforcing the provisions of sections 324.200 to 324.225, adopt, publish,
and enforce such rules and regulations within the scope and purview of
the provisions of sections 324.200 to 324.225 as may be considered to be
necessary or proper for the effective administration and interpretation
of the provisions of sections 324.200 to 324.225, and for the conduct of
its business and management of its internal affairs.

2. The committee shall approve the examination required by section
324.210.

3. The committee shall consist of six members including one public
member, appointed by the governor with the advice and consent of the
senate. Each member of the committee shall be a citizen of the United
States and a resident of this state, and, except as provided in this
section and except for the first members appointed, shall be licensed as
a dietitian by this state. Beginning with the first appointments made
after August 28, 1998, two members shall be appointed for four years, two
members shall be appointed for three years and two members shall be
appointed for two years. Thereafter, all members shall be appointed to
serve four-year terms. No person shall be eligible for reappointment who
has served as a member of the committee for a total of eight years. The
membership of the committee shall reflect the differences in levels of
education and work experience with consideration being given to race,
gender, and ethnic origins. No more than three members shall be from the
same political party. The membership shall be representative of the
various geographic regions of the state.

4. A vacancy in the office of a member shall be filled by appointment by
the governor for the remainder of the unexpired term.

5. Each member of the committee shall receive as compensation an amount
set by the division not to exceed fifty dollars, and shall be reimbursed
for necessary and actual expenses incurred in the performance of the
member's official duties. The director, in collaboration with the
department of economic development, shall establish by rule, guidelines
for payment. All staff for the committee shall be provided by the
division.

6. The committee shall hold an annual meeting at which it shall elect
from its membership a chairperson and secretary. The committee may hold
such additional meetings as may be required in the performance of its
duties, provided that notice of every meeting shall be given to each
member at least three days prior to the date of the meeting. A quorum of
the committee shall consist of a majority of its members.

7. The governor may remove a committee member for misconduct,
incompetency, neglect of the member's official duties, or for cause.

8. The public member shall be at the time of the person's appointment a
citizen of the United States; a resident of this state for a period of
one year and a registered voter; a person who is not and never was a
member of any profession licensed or regulated by sections 324.200 to
324.225, or the spouse of such a person; and a person who does not have
and never has had a material financial interest in either the providing
of the professional services regulated by sections 324.200 to 324.225, or
an activity or organization directly related to any profession licensed
or regulated by sections 324.200 to 324.225. The duties of the public
member shall not include the determination of the technical requirements
to be met for licensure or whether any person meets such technical
requirements or of the technical competence or technical judgment of a
licensee or a candidate for licensure. (L. 1998 H.B. 1601, et al. merged
with S.B. 650, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1122)

1. Any person who holds a license to practice dietetics in this
state may use the title "Dietitian" or the abbreviation "L.D.". No other
person may use the title "Dietitian" or the abbreviation "L.D.". No other
person shall assume any title or use any title or use any abbreviation or
any other words, letters, signs, or devices to indicate that the person
using the same is a licensed dietitian.

2. No person shall practice or offer to practice dietetics in this state
for compensation or use any title, sign, abbreviation, card, or device to
indicate that such person is practicing dietetics unless he or she has
been duly licensed pursuant to the provisions of sections 324.200 to
324.225.

3. Any person who violates the provisions of subsection 1 of this section
is guilty of a class A misdemeanor. (L. 1998 H.B. 1601, et al. merged
with S.B. 650, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1122)

As long as the person involved does not represent or hold
himself or herself out as a dietitian as defined by subdivision (4) of
subsection 2 of section 324.200, nothing in sections 324.200 to 324.225
is intended to limit, preclude, or otherwise interfere with:

(1) Self-care by a person or gratuitous care by a friend or family member;

(2) Persons in the military services or working in federal facilities
from performing any activities described in sections 324.200 to 324.225
during the course of their assigned duties in the military service or a
federal facility;

(3) A licensed health care provider performing any activities described
in sections 324.200 to 324.225 that are within the scope of practice of
the licensee;

(4) A person pursuing an approved educational program leading to a degree
or certificate in dietetics at an accredited or approved educational
program as long as such person does not provide dietetic services outside
the educational program. Such person shall be designated by a title that
clearly indicates the person's status as a student;

(5) Individuals who do not hold themselves out as dietitians marketing or
distributing food products including dietary supplements as defined by
the Food and Drug Administration or engaging in the explanation and
education of customers regarding the use of such products;

(6) Any person furnishing general nutrition information as to the use of
food, food materials, or dietary supplements, nor prevent in any way the
free dissemination of literature; provided, however, no such individual
may call himself or herself a dietitian unless he or she is licensed
under this chapter. (L. 2004 S.B. 1122)

Nothing in sections 324.200 to 324.225 shall be construed to
authorize any person licensed pursuant to sections 324.200 to 324.225 as
a licensed dietitian to engage in any manner of the practice of medicine
as defined by the laws of this state. (L. 1998 H.B. 1601, et al. merged
with S.B. 650)

1. An applicant for licensure as a dietitian shall be at least
twenty-one years of age.

2. Each applicant shall furnish evidence to the committee that:

(1) The applicant has completed a didactic program in dietetics which is
approved or accredited by the commission on accreditation for dietetics
education and a minimum of a baccalaureate degree from an acceptable
educational institution accredited by a regional accrediting body or
accredited by an accrediting body which has been approved by the United
States Department of Education. Applicants who have obtained their
education outside of the United States and its territories must have
their academic degrees validated as equivalent to the baccalaureate or
master's degree conferred by a regionally accredited college or
university in the United States. Validation of a foreign degree does not
eliminate the need for a verification statement of completion of a
didactic program in dietetics;

(2) The applicant has completed a supervised practice requirement from an
institution that is certified by a nationally recognized professional
organization as having a dietetics specialty or who meets criteria for
dietetics education established by the committee. The committee may
specify those professional organization certifications which are to be
recognized and may set standards for education training and experience
required for those without such specialty certification to become
dietitians.

3. The applicant shall successfully pass an examination as determined by
the committee. The committee may waive the examination requirement and
grant licensure to an applicant for a license as a dietitian who presents
satisfactory evidence to the committee of current registration as a
dietitian with the commission on dietetic registration.

4. Prior to July 1, 2000, a person may apply for licensure without
examination and shall be exempt from the academic requirements of this
section if the committee is satisfied that the applicant has a bachelor's
degree in a program approved by the committee and has work experience
approved by the committee.

5. The committee may determine the type of documentation needed to verify
that an applicant meets the qualifications provided in subsection 3 of
this section. (L. 1998 H.B. 1601, et al. merged with S.B. 650, A.L. 1999
H.B. 343, A.L. 2004 S.B. 1122)

1. Applications for licensure as a dietitian shall be in
writing, submitted to the committee on forms prescribed by the division
and furnished to the applicant. The application shall contain the
applicant's statements showing the applicant's education, experience and
such other information as the committee may require. Each application
shall contain a statement that it is made under oath or affirmation and
that the information contained therein is true and correct to the best
knowledge and belief of the applicant, subject to the penalties provided
for the making of a false affidavit or declaration. Each application
shall be accompanied by the fees required by the committee.

2. The division shall mail a renewal notice to the last known address of
each licensee prior to the renewal date. Failure to provide the committee
with the information required for renewal, or to pay the renewal fee
after such notice shall effect a noncurrent license. The license shall be
reinstated if, within two years of the renewal date, the applicant
submits the required documentation and pays the applicable fees as
approved by the committee.

3. A new license to replace any license lost, destroyed or mutilated may
be issued subject to the rules of the committee upon payment of a fee.

4. The committee shall set by rule the appropriate amount of fees
authorized herein. The fees shall be set at a level to produce revenue
which shall not exceed the cost and expense of administering the
provisions of sections 324.200 to 324.225. All fees provided for in
sections 324.200 to 324.225 shall be collected by the director who shall
transmit the funds to the director of revenue to be deposited in the
state treasury to the credit of the "Dietitian Fund" which is hereby
created.

5. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this fund shall not be transferred and placed
to the credit of general revenue until the amount in the fund at the end
of the biennium exceeds three times the amount of the appropriation from
the dietitian fund for the preceding fiscal year. The amount, if any, in
the fund which shall lapse is that amount in the fund which exceeds the
appropriate multiple of the appropriations from the dietitian fund for
the preceding fiscal year. (L. 1998 H.B. 1601, et al. merged with S.B.
650, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567 merged with S.B. 384)

1. The committee shall issue a license to each candidate who
files an application and pays the fee as required by the provisions of
sections 324.200 to 324.225 and who furnishes evidence satisfactory to
the committee that the candidate has complied with the provisions of
section 324.210 or with the provisions of subsection 2 of this section.

2. The committee may issue a license to any dietitian who has a valid
current license to practice dietetics or medical nutrition therapy in any
jurisdiction, provided that such person is licensed in a jurisdiction
whose requirements for licensure are substantially equal to, or greater
than, the requirements for licensure of dietitians in Missouri at the
time the applicant applies for licensure.

3. The committee may not allow any person to sit for the examination for
licensure as a dietitian in this state who has failed the examination as
approved by the committee three times, until the applicant submits
evidence of satisfactory completion of additional course work or
experience and has been approved by the committee for reexamination. (L.
1998 H.B. 1601, et al. merged with S.B. 650, A.L. 1999 H.B. 343, A.L.
2004 S.B. 1122)

1. A licensed dietitian may choose not to renew his or her
license and thereby allow such license to lapse, or may ask to be put on
inactive status, provided such person does not practice dietetics during
such period that the license is lapsed or the practitioner is on inactive
status. If a person with a lapsed license desires to resume the practice
of dietetics, the person shall apply for licensure pursuant to the
licensing requirements in effect at the time the person applies to resume
the practice of dietetics and pay the required fee as established by the
committee. If the person desires to maintain such license on an inactive
status and in order to avoid lapsing of such license, the person shall
pay the required fee as established by the committee for maintaining an
inactive license. An inactive license shall be renewed biennially. An
inactive license may be reactivated by the committee as provided by rule.

2. Any person who practices as a dietitian during the time his or her
license is inactive or lapsed shall be considered an illegal practitioner
and shall be subject to the penalties for violation of the dietitian
practice act. (L. 2004 S.B. 1122)

1. The committee may refuse to issue any license or renew any
license required by the provisions of sections 324.200 to 324.225 for one
or any combination of reasons stated in subsection 2 of this section. The
committee shall notify the applicant in writing of the reasons for the
refusal and shall advise the applicant of the right to file a complaint
with the administrative hearing commission as provided in chapter 621,
RSMo.

2. The committee may cause a complaint to be filed with the
administrative hearing commission as provided in chapter 621, RSMo,
against the holder of any license required by sections 324.200 to 324.225
or any person who has failed to renew or has surrendered the person's
license for any one or any combination of the following causes:

(1) Use of fraud, deception, misrepresentation or bribery in securing a
license issued pursuant to the provisions of sections 324.200 to 324.225
or in obtaining permission to take the examination required pursuant to
sections 324.200 to 324.225;

(2) Impersonation of any person holding a license or allowing any person
to use his or her license or diploma from any school;

(3) Disciplinary action against the holder of a license or other right to
practice medical nutrition therapy by another state, territory, federal
agency or country upon grounds for which revocation or suspension is
authorized in this state;

(4) Issuance of a license based upon a material mistake of fact;

(5) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution pursuant
to the laws of any state or the United States, for any offense reasonably
related to the qualifications, functions, or duties of the professional
who is regulated pursuant to sections 324.200 to 324.225, for any offense
an essential element of which is fraud, dishonesty or act of violence, or
for any offense involving moral turpitude, regardless of whether or not
sentence is imposed;

(6) Incompetence, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of the
profession that is regulated by sections 324.200 to 324.225;

(7) Violation of, or assisting or enabling any person to violate, any
provision of sections 324.200 to 324.225, or any lawful rule or
regulation adopted pursuant to such sections;

(8) A person is finally adjudged insane or incompetent by a court of
competent jurisdiction;

(9) Use of any advertisement or solicitation that is false, misleading or
deceptive to the general public or persons to whom the advertisement or
solicitation is primarily directed;

(10) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;

(11) Use or unlawful possession of any controlled substance, as defined
in chapter 195, RSMo, or alcoholic beverage to an extent that such use
impairs a person's ability to perform the work of any profession that is
licensed or regulated by sections 324.200 to 324.225;

(12) Violation of the drug laws or rules and regulations of this state,
any other state or the federal government; or

(13) Violation of any professional trust or confidence.

3. Any person, organization, association or corporation who reports or
provides information to the committee pursuant to the provisions of
sections 324.200 to 324.225 and who does so in good faith shall not be
subject to an action for civil damages as a result thereof.

4. After the filing of a complaint pursuant to subsection 2 of this
section, the proceedings shall be conducted in accordance with the
provisions of chapter 621, RSMo. Upon a finding by the administrative
hearing commission that the grounds, provided in subsection 2 of this
section, for disciplinary action are met, the committee may, singly or in
combination, censure or place the person named in the complaint on
probation on such terms and conditions as the committee deems appropriate
for a period not to exceed five years, or may suspend, for a period not
to exceed three years, or revoke the license of the person. An individual
whose license has been revoked shall wait one year from the date of
revocation to apply for relicensure. Relicensure shall be at the
discretion of the committee after compliance with all requirements of
sections 324.200 to 324.225 relative to the licensing of an applicant for
the first time.

5. The committee shall maintain an information file containing each
complaint filed with the committee relating to a holder of a license.

6. The committee shall recommend for prosecution violations of sections
324.200 to 324.225 to an appropriate prosecuting or circuit attorney. (L.
1998 H.B. 1601, et al. merged with S.B. 650, A.L. 1999 H.B. 343, A.L.
2001 H.B. 567 merged with S.B. 384)

The division shall:

(1) Employ, within the funds appropriated, such employees as are
necessary to carry out the provisions of sections 324.200 to 324.225; and

(2) Exercise all budgeting, purchasing, reporting and other related
management functions. (L. 1998 H.B. 1601, et al. merged with S.B. 650,
A.L. 1999 H.B. 343)

1. No provision of sections 324.200 to 324.225 shall be
construed to mandate benefits or third-party reimbursement for services
of dietitians in the policies or contract of any insurance company,
health services corporation or other third-party payer.

2. No provision of sections 324.200 to 324.225 shall be construed to
affect procedures for filing for dietitian services provided by agencies,
corporations or organizations that employ licensed dietitians. (L. 1998
H.B. 1601, et al. merged with S.B. 650)

Any rule or portion of a rule, as that term is defined in
section 536.010, RSMo, that is promulgated by the division of
professional registration to administer and enforce sections 324.200 to
324.225, shall become effective only if the agency has fully complied
with all of the requirements of chapter 536, RSMo, including but not
limited to, section 536.028, RSMo, if applicable, after August 28, 1998.
If the provisions of section 536.028, RSMo, apply, the provisions of this
section are nonseverable and if any of the powers vested with the general
assembly pursuant to section 536.028, RSMo, to review, to delay the
effective date, or to disapprove and annul a rule or portion of a rule
are held unconstitutional or invalid, the purported grant of rulemaking
authority and any rule so proposed and contained in the order of
rulemaking shall be invalid and void, except that nothing in this section
shall affect the validity of any rule adopted and promulgated prior to
August 28, 1998. (L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343)

As used in sections 324.240 to 324.275, the following terms
shall mean:

(1) "Board", the board of therapeutic massage;

(2) "Certified mentor", a practitioner who is qualified for license in
this state pursuant to sections 324.240 to 324.275 and who has practiced
professionally for five years, with an average of four hundred fifty
hours per year of teaching and massage hours and who has been approved by
the board as a massage therapy instructor;

(3) "Director", the director of the division of professional registration
of the department of economic development;

(4) "Division", the division of professional registration of the
department of economic development;

(5) "Massage business", any place of business in which massage therapy is
practiced;

(6) "Massage therapist", a health care practitioner who provides or
offers to provide massage therapy, as provided in sections 324.240 to
324.275, to any person at no cost or for a fee, monetary or otherwise,
implying that the massage therapist is trained, experienced and licensed
in massage therapy, and who holds a current, valid license to practice
massage therapy;

(7) "Massage therapy", a health care profession which involves the
treatment of the body's tonus system through the scientific or skillful
touching, rubbing, pressing or other movements of the soft tissues of the
body with the hands, forearms, elbows, or feet, or with the aid of
mechanical apparatus, for relaxation, therapeutic, remedial or health
maintenance purposes to enhance the mental and physical well-being of the
client, but does not include the prescription of medication, spinal or
joint manipulation, the diagnosis of illness or disease, or any service
or procedure for which a license to practice medicine, chiropractic,
physical therapy, or podiatry is required by law, or to those occupations
defined in chapter 329, RSMo;

(8) "Massage therapy instructor", an individual who possesses teaching
credentials satisfactory to the board for the purpose of teaching massage
therapy;

(9) "Person", an individual, corporation, association or other legal
entity. (L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343 merged with S.B.
362)

1. There is hereby established in the division of professional
registration in the department of economic development the "Board of
Therapeutic Massage" which shall guide, advise and make recommendations
to the division and fulfill other responsibilities designated by sections
324.240 to 324.275. The board shall approve the examination required by
section 324.265 and shall assist the division in carrying out the
provisions of sections 324.240 to 324.275.

2. The board shall consist of seven voting members, including one public
member, and one nonvoting member, appointed by the governor with the
advice and consent of the senate. Each member of the board shall be a
citizen of the United States and a resident of this state and, except for
the members first appointed, shall be licensed as a massage therapist by
this state. The nonvoting member shall be a member of the massage
education community in the state and shall serve a four-year term.
Beginning with the appointments made after August 28, 1998, three voting
members shall be appointed for four years, two voting members shall be
appointed for three years and two voting members shall be appointed for
two years. Thereafter, all voting members shall be appointed to serve
four-year terms. No person shall be eligible for reappointment who has
served as a member of the board for a total of eight years. The
membership of the board shall reflect the differences in work experience
and the professional affiliations of therapists with consideration being
given to race, gender and ethnic origins.

3. A vacancy in the office of a member shall be filled by appointment by
the governor for the remainder of the unexpired term.

4. The board shall hold an annual meeting at which it shall elect from
its membership a chairperson, vice chairperson and secretary. The board
may hold such additional meetings as may be required in the performance
of its duties, provided that notice of every meeting shall be given to
each member at least three days prior to the date of the meeting. A
quorum of the board shall consist of a majority of its voting members.

5. The governor may remove a board member for misconduct, incompetence or
neglect of official duties after giving the board member written notice
of the charges and allowing the board member an opportunity to be heard.

6. The public member shall be, at the time of appointment, a citizen of
the United States; a resident of this state for a period of one year and
a registered voter; but may not have been a member of any profession
licensed or regulated pursuant to sections 324.240 to 324.275 or an
immediate family member of such a person; and may not have had a
material, financial interest in either the providing of massage therapy
as defined in sections 324.240 to 324.275 or in an activity or
organization directly related to any profession licensed or regulated
pursuant to sections 324.240 to 324.275. The duties of the public member
shall not include any determination of the technical requirements to be
met for licensure, whether a candidate for licensure meets such technical
requirements, or of the technical competence or technical judgment of a
licensee or a candidate for licensure.

7. The professional members shall not be officers in a professional
massage organization, nor may they be the owners or managers of any
massage educational entity.

8. Notwithstanding any other provision of law to the contrary, any
appointed member of the board shall receive as compensation an amount
established by the director of the division of professional registration
not to exceed seventy dollars per day for commission business plus actual
and necessary expenses. The director of the division of professional
registration shall establish by rule guidelines for payment. All staff
for the board shall be provided by the division. (L. 1998 H.B. 1601, et
al., A.L. 1999 H.B. 343 merged with S.B. 362, A.L. 2001 H.B. 567)

1. The board is authorized to promulgate rules and regulations
regarding:

(1) The content of license applications and the procedures for filing an
application for an initial or renewal license in this state;

(2) The content, conduct and administration of the licensing examination
required by section 324.265;

(3) Educational requirements for licensure, including, but not limited
to, provisions that allow clock hours of supervised instruction at a
vocational-technical school;

(4) The standards and methods to be used in assessing competency as a
massage therapist;

(5) All applicable fees, set at an amount which shall not substantially
exceed the cost and expense of administering sections 324.240 to 324.275;
and

(6) Establishment of procedures for granting reciprocity with other
states, including states which do not have massage therapy licensing laws
or states whose licensing laws are not substantially the same as those of
this state.

2. All funds received by the board pursuant to the provisions of sections
324.240 to 324.275 shall be collected by the director who shall transmit
the funds to the department of revenue for deposit in the state treasury
to the credit of the "Massage Therapy Fund" which is hereby created.
Notwithstanding the provisions of section 33.080, RSMo, to the contrary,
money in this fund shall not be transferred and placed to the credit of
general revenue until the amount in the fund at the end of the biennium
exceeds three times the amount of the appropriation from the fund for the
preceding fiscal year.

3. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is promulgated to administer and enforce sections
324.240 to 324.275, shall become effective only if the agency has fully
complied with all of the requirements of chapter 536, RSMo, including but
not limited to, section 536.028, RSMo, if applicable, after August 28,
1998. If the provisions of section 536.028, RSMo, apply, the provisions
of this section are nonseverable and if any of the powers vested with the
general assembly pursuant to section 536.028, RSMo, to review, to delay
the effective date, or to disapprove and annul a rule or portion of a
rule are held unconstitutional or invalid, the purported grant of
rulemaking authority and any rule so proposed and contained in the order
of rulemaking shall be invalid and void, except that nothing in this
section shall affect the validity of any rule adopted and promulgated
prior to August 28, 1998. (L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343
merged with S.B. 362, A.L. 2003 S.B. 686)

A person desiring to receive a license to operate a massage
business in the state of Missouri shall file a written application with
the board on a form prescribed by the division and pay the appropriate
required fee. (L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343 merged with
S.B. 362)

1. The board shall review the applications and shall issue a
license to applicants who have complied with the requirements of sections
324.240 to 324.275 and have received approval of the board after a survey
inspection.

2. A license shall be renewed every two years upon approval of the board
when the following conditions have been met:

(1) The application is accompanied by the appropriate required renewal
fee;

(2) The massage business is in compliance with the requirements
established pursuant to the provisions of sections 324.240 to 324.275 as
evidenced by a survey inspection by the board within ninety days prior to
renewal;

(3) The application is accompanied by a statement of any changes in the
information previously filed with the board pursuant to section 324.247.

3. Each license shall be issued only for the massage business listed in
the application. Licenses shall be posted in a conspicuous place on the
premises of the licensed massage business. (L. 1998 H.B. 1601, et al.,
A.L. 1999 H.B. 343 merged with S.B. 362)

A license shall not be transferable or assignable. When a
massage business is sold or ownership or management is transferred, or
the corporate legal organization status is substantially changed, the
license of the massage business shall be voided and a new license
obtained. Application for a new license shall be made to the board in
writing, at least ninety days prior to the effective date of the sale,
transfer, or change in corporate status. The application for a new
license shall be on the same form, containing the same information
required for an original license, and shall be accompanied by a license
fee to be determined by the board. The board may issue a temporary
operating permit to continue the operation of the massage business for a
period of up to ninety days pending the survey inspection and the final
disposition of the application. (L. 1998 H.B. 1601, et. al.)

In addition to the survey inspection required for licensing or
license renewal, the board may make other survey inspections during
normal business hours. Each massage business shall allow the board or its
authorized representatives to enter upon its premises during normal
business hours for the purpose of conducting any survey inspection. (L.
1998 H.B. 1601, et al.)

After completion of each board survey inspection, a written
report of the findings with respect to the massage business' compliance
or noncompliance with the provisions of sections 324.240 to 324.275 and
the standards established hereunder as well as a list of deficiencies
found shall be prepared. A copy of the report and the list of
deficiencies found shall be sent to the massage business within fifteen
business days following the survey inspection. The list of deficiencies
shall specifically state the statute or rule which the massage business
is alleged to have violated. If the massage business acknowledges the
deficiencies found by the survey inspection, the massage business shall
inform the board of the time necessary for compliance and shall file a
plan of correction with the board. If the massage business does not
acknowledge the deficiencies, or file an acceptable plan of correction
with the board or timely complete an acceptable plan of correction, the
board may file a complaint with the administrative hearing commission as
set forth and* as provided in sections 324.240 to 324.275. (L. 1998 H.B.
1601, et al., A.L. 1999 H.B. 343 merged with S.B. 362)

*Word "and" does not appear in original rolls.

The board may cause a complaint to be filed in the circuit court
of the county in which any massage business alleged to be violating the
provisions of sections 324.240 to 324.275 is located for an injunction to
restrain the massage business from continuing such violation. (L. 1998
H.B. 1601, et al., A.L. 1999 H.B. 343 merged with S.B. 362)

1. The board may refuse to issue, renew or reinstate any license
required by sections 324.240 to 324.275 for one or any combination of
causes stated in subsection 2 of this section. The board shall notify the
applicant in writing of the reasons for the refusal and shall advise the
applicant of his or her right to file a complaint with the administrative
hearing commission as provided by chapter 621, RSMo.

2. The board may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any license issued pursuant to sections 324.240 to 324.275 or any
person who has failed to renew or has surrendered his or her license for
any one or any combination of the following causes:

(1) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution pursuant
to the laws of any state or of the United States, for any offense
reasonably related to the qualifications, functions or duties of the
profession regulated pursuant to sections 324.240 to 324.275, for any
offense an essential element of which is fraud, dishonesty or an act of
violence, or for any offense involving moral turpitude, whether or not
sentence is imposed;

(2) Use of fraud, deception, misrepresentation or bribery in securing any
license issued pursuant to sections 324.240 to 324.275 or in obtaining
permission to take any examination given or required pursuant to sections
324.240 to 324.275;

(3) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;

(4) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of the
profession regulated by sections 324.240 to 324.275;

(5) Violation of, or assisting or enabling any person to violate, any
provision of sections 324.240 to 324.275, or of any lawful rule or
regulation adopted pursuant to sections 324.240 to 324.275;

(6) Impersonation of any person holding a license or allowing any other
person to use his or her certificate or diploma from any school;

(7) Disciplinary action against the holder of a license or other right to
practice the profession regulated by sections 324.240 to 324.275 granted
by another state, territory, federal agency or country upon grounds for
which revocation or suspension is authorized in this state;

(8) A person is finally adjudged insane or incompetent by a court of
competent jurisdiction;

(9) Issuance of a license based upon a material mistake of fact;

(10) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed.

3. Any person, organization, association or corporation who reports or
provides information to the division pursuant to the provisions of
sections 324.240 to 324.275 and who does so in good faith and without
negligence shall not be subject to an action for civil damages as a
result thereof.

4. After the filing of a complaint pursuant to subsection 2 of this
section, the proceedings shall be conducted in accordance with the
provisions of chapter 621, RSMo. Upon a finding by the administrative
hearing commission that one or more of the grounds for disciplinary
action provided in subsection 2 of this section are met, the board may,
singly or in combination, censure or place the person named in the
complaint on probation or suspension or revoke the license of the person
on such terms and conditions as the division deems appropriate. (L. 1998
H.B. 1601, et al., A.L. 1999 H.B. 343 merged with S.B. 362)

1. A person desiring a license to practice massage therapy shall
be at least eighteen years of age, shall pay the appropriate required
application fee, and shall submit satisfactory evidence to the board of
meeting at least one of the following requirements:

(1) Has passed a statistically valid examination on therapeutic massage
and body work which is approved by the board, prior to August 28, 1999,
and applies for such license by December 31, 2000; or

(2) Completing massage therapy studies consisting of at least five
hundred hours of supervised instruction and subsequently passing an
examination approved by the board. The examination may consist of school
examinations. The course of instruction shall be approved by the board.
The five hundred hours shall consist of three hundred hours dedicated to
massage theory and practice techniques, one hundred hours dedicated to
the study of anatomy and physiology, fifty hours dedicated to business
practice, professional ethics, hygiene and massage law in the state of
Missouri, and fifty hours dedicated to ancillary therapies, including
cardiopulmonary resuscitation (CPR) and first aid; or

(3) Has completed five hundred hours in an apprenticeship with a
certified mentor and has successfully passed an examination approved by
the board; or

(4) Has been licensed or registered as a massage therapist in another
state, territory or commonwealth or the District of Columbia, which
maintains standards of practice and licensure which substantially conform
to the requirements in force in this state;

(5) Has been engaged in the practice of massage therapy for at least ten
years prior to August 28, 1999, and applies for such license by December
31, 2000; or

(6) Has been in the practice of massage therapy for at least three years
prior to August 28, 1999, has completed at least one hundred hours of
formal training in massage approved by the board and applies for such
license by December 31, 2000.

2. A person who has practiced less than three years or has less than one
hundred hours of training may request a waiver of the requirements of
subsection 1 of this section and apply for a temporary two-year license
which shall not be renewable. By the end of such two-year period, such
person shall complete at least one hundred additional hours of formal
training, including at least twenty-five hours in anatomy and physiology,
in a school approved by the board. Such person shall have until December
31, 2000, to apply for a temporary license pursuant to this subsection.

3. Each license issued pursuant to the provisions of this section shall
be valid for two years and shall expire on its renewal date. The board
shall renew any license upon:

(1) Application for renewal;

(2) Proof that the therapist has completed twelve hours of continuing
education; and

(3) Payment of the appropriate renewal fee.

4. An applicant who possesses the qualifications specified in subsection
2 of this section to take the examination approved by the board may be
granted a provisional license to engage in the practice of massage
therapy until the date of the next examination, and thereafter until the
results of the examination are known.

5. As determined by the board, students making substantial progress
toward completion of their training in an approved curriculum shall be
granted a student license for the purpose of practicing massage therapy
on the public while under the supervision of a massage therapy instructor.

6. A provisional license may, at the discretion of the board, be renewed
once, and a student license may be renewed until the student completes
such student's training.

7. The following practitioners are exempt from the provisions of this
section upon filing written proof with the board that they meet one or
more of the following:

(1) Persons who act under a Missouri state license, registration, or
certification and perform soft tissue manipulation within their scope of
practice;

(2) Persons who restrict their manipulation of the soft tissues of the
human body to the hands, feet or ears;

(3) Persons who use touch and words to deepen awareness of existing
patterns of movement in the human body as well as to suggest new
possibilities of movement;

(4) Persons who manipulate the human body above the neck, below the
elbow, and below the knee and do not disrobe the client in performing
such manipulation. (L. 1998 H.B. 1601, et al., A.L. 1999 H.B. 343 merged
with S.B. 362)

1. Any applicant for a license to operate a massage business or
a license to practice massage therapy shall authorize the board to
conduct a criminal background check.

2. The cost of such background check shall be paid by the applicant. (L.
1998 H.B. 1601, et al., A.L. 1999 H.B. 343 merged with S.B. 362)

A person who does not hold a license to practice massage therapy
or a license to operate a massage business or is not exempted from
obtaining a license pursuant to subsection 7 of section 324.265 shall not
use the words "massage", "body work", or any of their synonyms on any
sign or in any other form of advertising, unless specifically exempted by
the board. Any advertisement by a massage therapist or a massage business
shall contain the license or registration number of such therapist or
business. (L. 1998 H.B. 1601, et al.)

1. Except as provided in subsection 2 of this section, sections
324.240 to 324.275 shall preempt any rule, regulation or order adopted by
a political subdivision of the state relating to the licensing or
regulation of massage therapists or massage businesses.

2. Sections 324.240 to 324.275 shall not affect:

(1) Local regulations relating to zoning requirements, local health
department regulations, or occupational license taxes pertaining to
massage therapists or massage businesses; or

(2) Local regulations that do not relate to the practice of massage
therapy as performed by a Missouri state licensed massage therapist,
including regulations of those professions who perform duties with a
licensed massage therapist. (L. 1998 H.B. 1601, et al.)

The division shall:

(1) Employ, within the funds appropriated, such employees as are
necessary to carry out the provisions of sections 324.240 to 324.275; and

(2) Exercise all budgeting, purchasing, reporting and other related
management functions. (L. 1999 H.B. 343 merged with S.B. 362)

Any person who violates any of the provisions of sections
324.240 to 324.275 is guilty of a class A misdemeanor. (L. 1998 H.B.
1601, et al.)

As used in sections 324.400 to 324.439, the following terms mean:

(1) "Council", the interior design council created in section 324.406;

(2) "Department", the department of economic development;

(3) "Division", the division of professional registration of the
department of economic development;

(4) "Registered interior designer", a design professional who provides
services including preparation of documents and specifications relative
to nonload-bearing interior construction, furniture, finishes, fixtures
and equipment and who meets the criteria of education, experience and
examination as provided in sections 324.400 to 324.439. (L. 1998 H.B.
1601, et al. § 1, A.L. 2004 S.B. 1122)

The state or any county, municipality, or other political
subdivision shall not require the use of a registered interior designer
for any residential building, residential remodeling, residential
rehabilitation, or residential construction purposes. (L. 2004 S.B. 1122)

No person may use the name or title, registered interior
designer, in this state unless that person is registered as required by
sections 324.400 to 324.439. Nothing in sections 324.400 to 324.439 shall
be construed as limiting or preventing the practice of a person's
profession or restricting a person from providing interior design
services, provided such person does not indicate to the public that such
person is registered as an interior designer pursuant to the provisions
of sections 324.400 to 324.439. (L. 1998 H.B. 1601, et al. § 2, A.L. 2004
S.B. 1122)

1. There is hereby created within the division of professional
registration a council to be known as the "Interior Design Council". The
council shall consist of four interior designers and one public member
appointed by the governor with the advice and consent of the senate. The
governor shall give due consideration to the recommendations by state
organizations of the interior design profession for the appointment of
the interior design members to the council. Council members shall be
appointed to serve a term of four years; except that of the members first
appointed, one interior design member and the public member shall be
appointed for terms of four years, one member shall be appointed for a
term of three years, one member shall be appointed for a term of two
years and one member shall be appointed for a term of one year. No member
of the council shall serve more than two terms.

2. Each council member, other than the public member, shall be a citizen
of the United States, a resident of the state of Missouri for at least
one year, meet the qualifications for professional registration, practice
interior design as the person's principal livelihood and, except for the
first members appointed, be registered pursuant to sections 324.400 to
324.439 as an interior designer.

3. The public member shall be, at the time of such person's appointment,
a citizen of the United States, a registered voter, a person who is not
and never was a member of the profession regulated by sections 324.400 to
324.439 or the spouse of such a person and a person who does not have and
never has had a material financial interest in the providing of the
professional services regulated by sections 324.400 to 324.439. The
duties of the public member shall not include the determination of the
technical requirements for the registration of persons as interior
designers. The provisions of section 620.132, RSMo, pertaining to public
members of certain state boards and commissions shall apply to the public
member of the council.

4. Members of the council may be removed from office for cause. Upon the
death, resignation or removal from office of any member of the council,
the appointment to fill the vacancy shall be for the unexpired portion of
the term so vacated and shall be filled in the same manner as the first
appointment and due notice be given to the state organizations of the
interior design profession prior to the appointment.

5. Each member of the council may receive as compensation an amount set
by the division not to exceed fifty dollars per day and shall be
reimbursed for the member's reasonable and necessary expenses incurred in
the official performance of the member's duties as a member of the
council. The director, in collaboration with the department of economic
development, shall establish by rule, guidelines for payment.

6. The council shall meet at least twice each year and advise the
division on matters within the scope of sections 324.400 to 324.439. The
organization of the council shall be established by the members of the
council.

7. The council may sue and be sued as the interior design council and the
council members need not be named as parties. Members of the council
shall not be personally liable either jointly or severally for any act
committed in the performance of their official duties as council members.
No council member shall be personally liable for any costs which accrue
in any action by or against the council. (L. 1998 H.B. 1601, et al. § 3,
A.L. 1999 H.B. 343)

1. To be a registered interior designer, a person:

(1) Shall take and pass or have passed the examination administered by
the National Council for Interior Design Qualification or an equivalent
examination approved by the council. In addition to proof of passage of
the examination, the application shall provide substantial evidence to
the council that the applicant:

(a) Is a graduate of a five-year or four-year interior design program
from an accredited institution and has completed at least two years of
diversified and appropriate interior design experience; or

(b) Has completed at least three years of an interior design curriculum
from an accredited institution and has completed at least three years of
diversified and appropriate interior design experience; or

(c) Is a graduate of a two-year interior design program from an
accredited institution and has completed at least four years of
diversified and appropriate interior design experience; or

(2) May qualify who is currently registered pursuant to sections 327.091
to 327.171, RSMo, and section 327.401, RSMo, pertaining to the practice
of architecture and registered with the council. Such applicant shall
give authorization to the council in order to verify current registration
with sections 327.091 to 327.171, RSMo, and section 327.401, RSMo,
pertaining to the practice of architecture.

2. Verification of experience required pursuant to this section shall be
based on a minimum of five client references, business or employment
verification and five industry references, submitted to the council.

3. The council shall verify if an applicant has complied with the
provisions of this section and has paid the required fees, then the
council shall recommend such applicant be registered as a registered
interior designer by the council. (L. 1998 H.B. 1601, et al. § 4, A.L.
1999 H.B. 343, A.L. 2003 S.B. 492, A.L. 2004 S.B. 1122)

1. The division shall:

(1) Employ, within the limits of the appropriations for that purpose,
such employees as are necessary to carry out the provisions of sections
324.400 to 324.439;

(2) Exercise all budgeting, purchasing, reporting and other related
management functions.

2. The council shall:

(1) Recommend prosecution for violations of sections 324.400 to 324.439
to the appropriate prosecuting or circuit attorney;

(2) Promulgate such rules and regulations as are necessary to administer
the provisions of sections 324.400 to 324.439. Any rule or portion of a
rule, as that term is defined in section 536.010, RSMo, that is
promulgated to administer and enforce sections 324.400 to 324.439, shall
become effective only if the agency has fully complied with all of the
requirements of chapter 536, RSMo, including but not limited to, section
536.028, RSMo, if applicable, after August 28, 1998. If the provisions of
section 536.028, RSMo, apply, the provisions of this section are
nonseverable and if any of the powers vested with the general assembly
pursuant to section 536.028, RSMo, to review, to delay the effective
date, or to disapprove and annul a rule or portion of a rule are held
unconstitutional or invalid, the purported grant of rulemaking authority
and any rule so proposed and contained in the order of rulemaking shall
be invalid and void, except that nothing in this section shall affect the
validity of any rule adopted and promulgated prior to August 28, 1998.
(L. 1998 H.B. 1601, et al. § 5, A.L. 1999 H.B. 343)

Applications for registration as a registered interior designer
shall be typewritten on forms prescribed by the division and furnished to
the applicant. The application shall contain the applicant's statements
showing the applicant's education, experience, results of previous
interior design certification, registration or licensing examinations, if
any, and such other pertinent information as the council may require, or
architect's registration number and such other pertinent information as
the council may require. Each application shall contain a statement that
is made under oath or affirmation and that the representations are true
and correct to the best knowledge and belief of the person signing the
application. The person shall be subject to the penalties for making a
false affidavit or declaration and shall be accompanied by the required
fee. (L. 1998 H.B. 1601, et al. § 6, A.L. 2004 S.B. 1122)

1. The certificate of registration issued biennially to a
registered interior designer pursuant to sections 324.400 to 324.439
shall be renewed on or before the certificate renewal date accompanied by
the required fee. The certificate of registration of a registered
interior designer which is not renewed within three months after the
certificate renewal date shall be suspended automatically, subject to the
right of the holder to have the suspended certificate of registration
reinstated within nine months of the date of suspension if the person
pays the required reinstatement fee. Any certificate of registration
suspended and not reinstated within nine months of the suspension date
shall expire and be void and the holder of such certificate shall have no
rights or privileges provided to holders of valid certificates. Any
person whose certificate of registration has expired may, upon
demonstration of current qualifications and payment of required fees, be
reregistered or reauthorized under the person's original certificate of
registration number.

2. Each application for the renewal or reinstatement of a registration
shall be on a form furnished to the applicant and shall be accompanied by
the required fees and proof of current completion of at least one unit
every two years of approved or verifiable continuing education in
interior design or architecture, immediately prior to such renewal or
reinstatement. Ten contact hours constitutes one continuing education
unit. Five contact hours of teaching in interior design or architecture
constitutes one continuing education unit. One college course credit in
interior design or architecture constitutes one continuing education
unit. (L. 1998 H.B. 1601, et al. § 7, A.L. 2004 S.B. 1122)

The council shall register without examination any interior
designer certified, licensed or registered in another state or territory
of the United States or foreign country if the applicant has
qualifications which are at least equivalent to the requirements for
registration as a registered interior designer in this state and such
applicant pays the required fees. (L. 1998 H.B. 1601, et al. § 8, A.L.
2004 S.B. 1122)

1. The council shall set the amount of the fees authorized by
sections 324.400 to 324.439 by rules and regulations. The fees shall be
set at a level to produce revenue which shall not substantially exceed
the cost and expense of administering sections 324.400 to 324.439. All
fees required pursuant to sections 324.400 to 324.439 shall be paid to
and collected by the division of professional registration and
transmitted to the department of revenue for deposit in the state
treasury to the credit of the "Interior Designer Council Fund", which is
hereby created.

2. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, money in the fund shall not be transferred and placed to the
credit of general revenue until the amount in the fund at the end of the
biennium exceeds three times the amount of the appropriation to the
council for the preceding fiscal year. The amount, if any, in the fund
which shall lapse is the amount in the fund which exceeds the appropriate
multiple of the appropriations to the council for the preceding fiscal
year. (L. 1998 H.B. 1601, et al. § 9, A.L. 1999 H.B. 343)

It is unlawful for any person to advertise or indicate to the
public that the person is a registered interior designer in this state,
unless such person is registered as a registered interior designer by the
council and is in good standing pursuant to sections 324.400 to 324.439.
(L. 1998 H.B. 1601, et al. § 10, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1122)

No person may use the designation registered interior designer
in Missouri, unless the council has issued a current certificate of
registration certifying that the person has been duly registered as a
registered interior designer in Missouri and unless such registration has
been renewed or reinstated as provided in section 324.418. (L. 1998 H.B.
1601, et al. § 11, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1122)

The right to use the title of registered interior designer shall
be deemed a personal right, based upon the qualifications of the
individual, evidenced by the person's current certificate of registration
and such certificate is not transferable; except that, a registered
interior designer may perform the interior designer's profession through,
or as a member of, or as an employee of, a partnership or corporation.
(L. 1998 H.B. 1601, et al. § 12, A.L. 2004 S.B. 1122)

1. The council may refuse to issue any certificate required
pursuant to sections 324.400 to 324.439, or renew or reinstate any such
certificate, for any one or any combination of the reasons stated in
subsection 2 of this section. The council shall notify the applicant in
writing of the reasons for the refusal and shall advise the applicant of
the person's right to file a complaint with the administrative hearing
commission as provided in chapter 621, RSMo.

2. The council may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of a certificate of registration required by sections 324.400 to 324.439
or any person who has failed to renew or has surrendered the person's
certificate of registration for any one or combination of the following
reasons:

(1) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution under the
laws of this state or any other state or of the United States, for any
offense reasonably related to the qualifications, functions or duties of
the profession regulated by sections 324.400 to 324.439; for any offense
for which an essential element is fraud, dishonesty or an act of
violence; or for a felony, whether or not sentence is imposed;

(2) Use of fraud, deception, misrepresentation or bribery in securing any
certificate of registration issued pursuant to sections 324.400 to
324.439 or in obtaining permission to take any examination given or
required pursuant to sections 324.400 to 324.439;

(3) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;

(4) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of the
profession regulated by sections 324.400 to 324.439;

(5) Violation of, or assisting or enabling any person to violate, any
provision of sections 324.400 to 324.439, or of any lawful rule or
regulation adopted pursuant to such sections;

(6) Impersonation of any person holding a certificate of registration or
authority, permit or license or allowing any person to use the person's
certificate or diploma from any school;

(7) Disciplinary action against the holder of a certificate of
registration or other right to perform the profession regulated by
sections 324.400 to 324.439 granted by another state, territory, federal
agency or country upon grounds for which revocation or suspension is
authorized in this state;

(8) A person is finally adjudged insane or incompetent by a court of
competent jurisdiction;

(9) Issuance of a certificate of registration based upon a material
mistake of fact;

(10) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed, as it relates to the interior
design profession.

3. After the filing of a complaint pursuant to subsection 2 of this
section, the proceedings shall be conducted in accordance with the
provisions of chapter 536, RSMo, and chapter 621, RSMo. Upon a finding by
the administrative hearing commission that the grounds, provided in
subsection 2 of this section, for disciplinary action are met, the
council shall censure or place the person named in the complaint on
probation for a period not to exceed five years or may suspend the
person's certificate for a period not to exceed three years or may revoke
the person's certificate of registration. (L. 1998 H.B. 1601, et al. § 13)

After twenty-four months after August 28, 1998, any person who
violates any provision of sections 324.400 to 324.439 shall be guilty of
a class A misdemeanor. (L. 1998 H.B. 1601, et al. § 14, A.L. 1999 H.B.
343)

For the purposes of sections 324.475 to 324.499, the following
terms mean:

(1) "Acupuncture", the use of needles inserted into the body by piercing
of the skin and related modalities, for the assessment, evaluation,
prevention, treatment or correction of any abnormal physiology or pain by
means of controlling and regulating the flow and balance of energy in the
body so as to restore the body to its proper functioning and state of
health;

(2) "Acupuncturist", any person licensed as provided in sections 324.475
to 324.499, to practice acupuncture as defined in subdivision (1) of this
section;

(3) "Auricular detox technician", a person trained solely in, and who
performs only, auricular detox treatment. An auricular detox technician
shall practice under the supervision of a licensed acupuncturist. Such
treatment shall take place in a hospital, clinic or treatment facility
which provides comprehensive substance abuse services, including
counseling, and maintains all licenses and certifications necessary and
applicable;

(4) "Auricular detox treatment", a very limited procedure consisting of
acupuncture needles inserted into specified points in the outer ear of a
person undergoing treatment for drug or alcohol abuse or both drug and
alcohol abuse;

(5) "Board", the state board of chiropractic examiners established in
chapter 331, RSMo;

(6) "Committee", the Missouri acupuncture advisory committee;

(7) "Department", the Missouri department of economic development;

(8) "Director", the director of the division of professional registration;

(9) "Division", the division of professional registration of the
department of economic development;

(10) "License", the document of authorization issued by the board for a
person to engage in the practice of acupuncture. (L. 1998 H.B. 1601, et
al. § 15, A.L. 1999 H.B. 343 merged with S.B. 8 & 173)

1. There is hereby created within the division of professional
registration a committee to be known as the "Missouri Acupuncturist
Advisory Committee". The committee shall consist of five members, all of
whom shall be citizens of the United States and registered voters of the
state of Missouri. The governor shall appoint the members of the
committee with the advice and consent of the senate for terms of four
years; except as provided in subsection 2 of this section. Three
committee members shall be acupuncturists. Such members shall at all
times be holders of licenses for the practice of acupuncture in this
state; except for the members of the first committee who shall meet the
requirements for licensure pursuant to sections 324.475 to 324.499. One
member shall be a current board member of the Missouri state board for
chiropractic examiners. The remaining member shall be a public member.
All members shall be chosen from lists submitted by the director of the
division of professional registration. The president of the Acupuncture
Association of Missouri in office at the time shall, at least ninety days
prior to the expiration of the term of a board member, other than the
public member, or as soon as feasible after a vacancy on the board
otherwise occurs, submit to the director of the division of professional
registration a list of five acupuncturists qualified and willing to fill
the vacancy in question, with the request and recommendation that the
governor appoint one of the five persons so listed, and with the list so
submitted, the president of the Acupuncture Association of Missouri shall
include in his or her letter of transmittal a description of the method
by which the names were chosen by that association.

2. The initial appointments to the committee shall be one member for a
term of one year, one member for a term of two years, one member for a
term of three years and two members for a term of four years.

3. The public member of the committee shall not be and never has been a
member of any profession regulated by the provisions of sections 324.475
to 324.499, or the spouse of any such person; and a person who does not
have and never has had a material financial interest in either the
providing of the professional services regulated by the provisions of
sections 324.475 to 324.499 or an activity or organization directly
related to the profession regulated pursuant to sections 324.475 to
324.499.

4. Any member of the committee may be removed from the committee by the
governor for neglect of duty required by law, for incompetency or for
unethical or dishonest conduct. Upon the death, resignation,
disqualification or removal of any member of the committee, the governor
shall appoint a successor. A vacancy in the office of any member shall
only be filled for the unexpired term.

5. The acupuncturist advisory committee shall:

(1) Review all applications for licensure;

(2) Advise the board on all matters pertaining to the licensing of
acupuncturists;

(3) Review all complaints and/or investigations wherein there is a
possible violation of sections 324.475 to 324.499 or regulations
promulgated pursuant thereto and make recommendations and referrals to
the board on complaints the committee determines to warrant further
action;

(4) Follow the provisions of the board's administrative practice
procedures in conducting all official duties;

(5) Recommend for prosecution violations of sections 324.475 to 324.499
to an appropriate prosecuting or circuit attorney;

(6) Assist the board, as needed and when requested by the board, in
conducting any inquiry or disciplinary proceedings initiated as a result
of committee recommendation and referral pursuant to subdivision (3) of
this subsection. (L. 1998 H.B. 1601, et al. § 16, A.L. 1999 H.B. 343
merged with S.B. 8 & 173)

1. The board shall upon recommendation of the committee license
applicants who meet the qualifications for acupuncturists, who file for
licensure, and who pay all fees required for this licensure.

2. The division shall:

(1) Prescribe the design of all forms to be furnished to all persons
seeking licensure pursuant to sections 324.475 to 324.499;

(2) Prescribe the form and design of the license to be issued pursuant to
sections 324.475 to 324.499.

3. The board shall:

(1) Maintain a record of all board and committee proceedings regarding
sections 324.475 to 324.499 and of all acupuncturists licensed in this
state;

(2) Annually prepare a roster of the names and addresses of all
acupuncturists licensed in this state, copies of which shall be made
available upon request to any person paying the fee therefor;

(3) Set the fee for the roster at an amount sufficient to cover the
actual cost of publishing and distributing the roster;

(4) Adopt an official seal;

(5) Inform licensees of any changes in policy, rules or regulations;

(6) Upon the recommendation of the committee, set all fees, by rule,
necessary to administer the provisions of sections 324.475 to 324.499.

4. The board may with the approval of the advisory committee:

(1) Issue subpoenas to compel witnesses to testify or produce evidence in
proceedings to deny, suspend or revoke licensure;

(2) Promulgate rules pursuant to chapter 536, RSMo, in order to carry out
the provisions of sections 324.475 to 324.499 including, but not limited
to, regulations establishing:

(a) Standards for the practice of acupuncture;

(b) Standards for ethical conduct in the practice of acupuncture;

(c) Standards for continuing professional education;

(d) Standards for the training and practice of auricular detox
technicians, including specific enumeration of points which may be used.

5. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is promulgated to administer and enforce sections
324.475 to 324.499, shall become effective only if the agency has fully
complied with all of the requirements of chapter 536, RSMo, including but
not limited to, section 536.028, RSMo, if applicable, after August 28,
1998. If the provisions of section 536.028, RSMo, apply, the provisions
of this section are nonseverable and if any of the powers vested with the
general assembly pursuant to section 536.028, RSMo, to review, to delay
the effective date, or to disapprove and annul a rule or portion of a
rule are held unconstitutional or invalid, the purported grant of
rulemaking authority and any rule so proposed and contained in the order
of rulemaking shall be invalid and void, except that nothing in this
section shall affect the validity of any rule adopted and promulgated
prior to August 28, 1998.

6. All funds received by the board pursuant to the provisions of sections
324.240 to 324.275 shall be collected by the director who shall transmit
the funds to the department of revenue for deposit in the state treasury
to the credit of the "Acupuncturist Fund" which is hereby created.

7. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, money in this fund shall not be transferred and placed to the
credit of general revenue until the amount in the fund at the end of the
biennium exceeds three times the amount of the appropriation from the
acupuncturist fund for the preceding fiscal year. The amount, if any, in
the fund which shall lapse is that amount in the fund which exceeds the
appropriate multiple of the appropriations from the acupuncturist fund
for the preceding fiscal year. (L. 1998 H.B. 1601, et al. § 17, A.L. 1999
H.B. 343 merged with S.B. 8 & 173)

1. Nothing in sections 324.475 to 324.499 shall be construed to
apply to physicians and surgeons licensed pursuant to sections 334.010 to
334.265, RSMo, or chiropractic physicians licensed pursuant to chapter
331, RSMo; except that, if such physician or surgeon or chiropractic
physician, with or without a current certification in meridian therapy,
uses the title, licensed acupuncturist, then the provisions of sections
324.475 to 324.499 shall apply.

2. No license to practice acupuncture shall be required for any person
who is an auricular detox technician, provided that such person performs
only auricular detox treatments as defined in section 324.475, under the
supervision of a licensed acupuncturist and in accordance with
regulations promulgated pursuant to sections 324.475 to 324.499. An
auricular detox technician may not insert acupuncture needles in any
other points of the ear or body or use the title, licensed acupuncturist.
(L. 1998 H.B. 1601, et al. § 18, A.L. 1999 H.B. 343 merged with S.B. 8 &
173)

1. It is unlawful for any person to practice acupuncture in this
state, unless such person:

(1) Possesses a valid license issued by the board pursuant to sections
324.475 to 324.499; or

(2) Is engaged in a supervised course of study that has been authorized
by the committee approved by the board, and is designated and identified
by a title that clearly indicates status as a trainee, and is under the
supervision of a licensed acupuncturist.

2. A person may be licensed to practice acupuncture in this state if the
applicant:

(1) Is twenty-one years of age or older and meets one of the following
requirements:

(a) Is actively certified as a Diplomate in Acupuncture by the National
Commission for the Certification of Acupuncture and Oriental Medicine; or

(b) Is actively licensed, certified or registered in a state or
jurisdiction of the United States which has eligibility and examination
requirements that are at least equivalent to those of the National
Commission for the Certification of Acupuncture and Oriental Medicine, as
determined by the committee and approved by the board; and

(2) Submits to the committee an application on a form prescribed by the
division; and

(3) Pays the appropriate fee.

3. The board shall issue a certificate of licensure to each individual
who satisfies the requirements of subsection 2 of this section,
certifying that the holder is authorized to practice acupuncture in this
state. The holder shall have in his or her possession at all times while
practicing acupuncture, the license issued pursuant to sections 324.475
to 324.499. (L. 1998 H.B. 1601, et al. § 19, A.L. 1999 H.B. 343 merged
with S.B. 8 & 173)

1. Licenses issued pursuant to sections 324.475 to 324.499 shall
expire every other year. Renewal applications shall be submitted to the
division along with the appropriate renewal fee.

2. A license to practice acupuncture which is not renewed on or before
the date of its expiration becomes invalid. Such license may be restored
by complying with the provisions of section 324.493. (L. 1998 H.B. 1601,
et al. § 20, A.L. 1999 H.B. 343 merged with S.B. 8 & 173)

Any acupuncturist who fails to renew such acupuncturist's
license on or before the date of its expiration may restore such license
as follows:

(1) If the application for renewal is submitted to the committee not more
than two years after the expiration of the applicant's last license, by
payment of the appropriate fee and by providing all documentation
required by the committee by rule; or

(2) If the application for renewal is submitted to the committee more
than two years after the expiration of the applicant's last license, by
payment of the appropriate fee, and by reapplying as provided in
subdivisions (1) and (2) of subsection 2 of section 324.487. (L. 1998
H.B. 1601, et al. § 21, A.L. 1999 H.B. 343 merged with S.B. 8 & 173)

1. The board, with recommendation by the committee, may refuse
to issue, renew or reinstate any license required by sections 324.475 to
324.499 for one or any combination of causes stated in subsection 2 of
this section. The board shall notify the applicant in writing of the
reasons for the refusal and shall advise the applicant of his or her
right to file a complaint with the administrative hearing commission as
provided by chapter 621, RSMo.

2. The board, with recommendation by the committee, may cause a complaint
to be filed with the administrative hearing commission as provided by
chapter 621, RSMo, against any holder of any license issued pursuant to
sections 324.475 to 324.499 or any person who has failed to renew or has
surrendered his or her license for any one or any combination of the
following causes:

(1) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution pursuant
to the laws of any state or of the United States, for any offense
reasonably related to the qualifications, functions or duties of the
profession regulated pursuant to sections 324.475 to 324.499, for any
offense an essential element of which is fraud, dishonesty or an act of
violence, or for any offense involving moral turpitude, whether or not
sentence is imposed;

(2) Use of fraud, deception, misrepresentation or bribery in securing any
license issued pursuant to sections 324.475 to 324.499 or in obtaining
permission to take any examination given or required pursuant to sections
324.475 to 324.499;

(3) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;

(4) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of the
profession regulated by sections 324.475 to 324.499;

(5) Violation of, or assisting or enabling any person to violate, any
provision of sections 324.475 to 324.499, or of any lawful rule or
regulation adopted pursuant to such sections;

(6) Impersonation of any person holding a license or allowing any person
to use his or her certificate or diploma from any school or certification
entity;

(7) Disciplinary action against the holder of a license or other right to
practice the profession regulated by sections 324.475 to 324.499 granted
by another state, territory, federal agency or country upon grounds for
which revocation or suspension is authorized in this state;

(8) A person is finally adjudged insane or incompetent by a court of
competent jurisdiction;

(9) Issuance of a license based upon a material mistake of fact;

(10) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed;

(11) Use of any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent that such use impairs a person's ability
to perform the work of any profession licensed or regulated by sections
324.475 to 324.499.

3. Any person, organization, association or corporation who reports or
provides information to the division, board or committee pursuant to the
provisions of sections 324.475 to 324.499 and who does so in good faith
and without negligence shall not be subject to an action for civil
damages as a result thereof.

4. After the filing of a complaint pursuant to subsection 2 of this
section, the proceedings shall be conducted in accordance with the
provisions of chapter 621, RSMo. Upon a finding by the administrative
hearing commission that the grounds, provided in subsection 2 of this
section, for disciplinary action are met, the board may, upon
recommendation of the committee, singly or in combination, censure or
place the person named in the complaint on probation, suspension or
revoke the license of the person on such terms and conditions as the
division deems appropriate. (L. 1998 H.B. 1601, et al. § 22, A.L. 1999
H.B. 343)

1. Any person who violates any provision of sections 324.475 to
324.499 is guilty of a class B misdemeanor.

2. All fees or other compensation received for services which are
rendered in violation of sections 324.475 to 324.499 shall be refunded.

3. The board on behalf of the committee may sue in its own name in any
court in this state to enforce the provisions of sections 324.475 to
324.499. The board may investigate any alleged violations of sections
324.475 to 324.499 referred to it by the committee, may institute actions
for penalties provided in this section and shall enforce generally the
provisions of sections 324.475 to 324.499.

4. Upon application by the board, the attorney general may, on behalf of
the board, request that a court of competent jurisdiction grant an
injunction, restraining order or other order as may be appropriate to
enjoin a person from:

(1) Offering to engage or engaging in the performance of any acts or
practices for which a certificate of registration or authority, permit or
license is required upon a showing that such acts or* practices were
performed or offered to be performed without a certificate of
registration or authority, permit or license; or

(2) Engaging in any practice or business authorized by a certificate of
registration or authority, permit or license, issued pursuant to sections
324.475 to 324.499 upon a showing that the holder presents a substantial
probability of serious harm to the health, safety or welfare of any
resident of this state or client or patient of the licensee.

5. Any action brought pursuant to this section may be in addition to, or
in lieu of, any penalty provided by sections 324.475 to 324.499 and may
be brought concurrently with other actions to enforce the provisions of
sections 324.475 to 324.499. (L. 1998 H.B. 1601, et al. § 23)

*Word "of" appears in original rolls.

1. As used in sections 324.520 to 324.524, the following terms
mean:

(1) "Body piercing", the perforation of human tissue other than an ear
for a nonmedical purpose;

(2) "Branding", a permanent mark made on human tissue by burning with a
hot iron or other instrument;

(3) "Controlled substance", any substance defined in section 195.010,
RSMo;

(4) "Minor", a person under the age of eighteen;

(5) "Tattoo", one or more of the following:

(a) An indelible mark made on the body of another person by the insertion
of a pigment under the skin; or

(b) An indelible design made on the body of another person by production
of scars other than by branding.

2. No person shall knowingly tattoo, brand or perform body piercing on a
minor unless such person obtains the prior written informed consent of
the minor's parent or legal guardian. The minor's parent or legal
guardian shall execute the written informed consent required pursuant to
this subsection in the presence of the person performing the tattooing,
branding or body piercing on the minor, or in the presence of an employee
or agent of such person. Any person who fraudulently misrepresents
himself or herself as a parent is guilty of a class B misdemeanor.

3. A person shall not tattoo, brand or perform body piercing on another
person if the other person is under the influence of intoxicating liquor
or a controlled substance.

4. A person who violates this section is guilty of a misdemeanor and
shall be fined not more than five hundred dollars. If there is a
subsequent violation of this section within one year of the initial
violation, such person shall be fined not less than five hundred dollars
or more than one thousand dollars.

5. No person under the age of eighteen shall tattoo, brand or perform
body piercing on another person. (L. 1998 H.B. 1601, et al. § 24, A.L.
1999 H.B. 343)

1. No practitioner of tattooing, body piercing or branding shall
practice and no establishment in which tattoos, body piercing or
brandings are applied shall be operated without a license issued by the
director of the division of professional registration. The license fee
for each practitioner and each establishment shall be established by rule.

2. The director of the division of professional registration shall
promulgate rules and regulations relative to the hygienic practice of
tattooing, body piercing and branding, and sanitary operations of tattoo,
body piercing and branding establishments. Such rules and regulations
shall include:

(1) Standards of hygiene to be met and maintained by establishments and
practitioners in order to receive and maintain a license for the practice
of tattooing, body piercing and branding;

(2) Procedures to be used to grant, revoke or reinstate a license;

(3) Inspection of tattoo, body piercing and branding establishments; and

(4) Any other matter necessary to the administration of this section.

3. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in sections
324.520 to 324.524 shall become effective only if it complies with and is
subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2001, shall be invalid and void. (L.
1998 H.B. 1601, et al. § 25, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567)

1. All funds received by the division pursuant to sections
324.520 to 324.524 shall be collected by the director who shall transmit
the funds to the department of revenue for deposit in the state treasury
to the credit of the "Tattoo Fund" which is hereby created.

2. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, money in this fund shall not be transferred and placed to the
credit of general revenue until the amount in the fund at the end of the
biennium exceeds three times the amount of the appropriation from the
tattoo fund for the preceding fiscal year. The amount, if any, in the
fund which shall lapse is that amount in the fund which exceeds the
appropriate multiple of the appropriations from the tattoo fund for the
preceding fiscal year. (L. 1999 H.B. 343)

1. Notwithstanding any other law to the contrary, the director
of the division of professional registration shall issue a temporary
license to practice tattooing, body piercing, or branding under the
following requirements:

(1) The applicant for temporary licensure is entering the state for the
sole purpose of participating in a state or national convention at which
the applicant will be practicing the profession of tattooing, body
piercing, or branding;

(2) The applicant files a completed application with the division at
least two days prior to the start of the convention and tenders a fee of
fifty dollars; and

(3) The applicant is otherwise qualified for licensure under sections
324.520 to 324.526 and the rule promulgated under the authority of this
statute.

2. A temporary license to practice tattooing, body piercing, or branding
issued under this section shall be valid for a period not to exceed
fourteen days and shall not be renewable.

3. Notwithstanding the requirements of sections 620.127 and 620.145,
RSMo, an applicant for temporary licensure under this section shall not
be required to provide a Social Security number if the application is
submitted by a citizen of a foreign country who has not yet been issued a
Social Security number and who previously has not been licensed by any
other state, United States territory, or federal agency. A citizen of a
foreign country who applies for a temporary permit under this section
shall provide the division of professional registration with his or her
visa or passport identification number in lieu of the Social Security
number. (L. 2004 S.B. 1122)

For the purposes of sections 324.600 to 324.635, the following
terms mean:

(1) "Board", the board of licensed private fire investigator examiners;

(2) "Client", any person who engages the services of a private fire
investigator;

(3) "Division", the division of fire safety within the department of
public safety;

(4) "Insurance adjuster", any person who receives any consideration,
either directly or indirectly, for adjusting in the disposal of any claim
under or in connection with a policy of insurance or engaging in
soliciting insurance adjustment business;

(5) "License", a private fire investigator license;

(6) "Licensed private fire investigation", the furnishing of, making of,
or agreeing to make any investigation of a fire for the origin, cause, or
responsibility of such fire;

(7) "Licensed private fire investigator", any person who receives any
consideration, either directly or indirectly, for engaging in the
investigation of the origin, cause, or responsibility of fires;

(8) "Licensed private fire investigator agency", a person or firm that
employs any person to engage in the investigation of fires to determine
the origin, cause, and responsibility of such fires;

(9) "Organization", a corporation, trust, estate, partnership,
cooperation, or association;

(10) "Person", an individual;

(11) "Principal place of business", the place where the licensee
maintains a permanent office which may be a residence or business
address. (L. 2004 H.B. 1195 § 324.930)

1. The "Board of Licensed Private Fire Investigator Examiners"
is hereby created within the division of fire safety. The board shall be
composed of six members appointed by the governor, with the advice and
consent of the senate. The board shall consist of:

(1) The state fire marshal, or his or her designee;

(2) A representative of a private fire investigation agency;

(3) A representative of the insurance industry;

(4) A representative of the Missouri chapter of the International
Association of Arson Investigators;

(5) A representative of the Professional Fire and Fraud Investigators
Association;

(6) A representative of the Kansas City Arson Task Force; and

(7) One person who is an independent private fire investigator.

2. Each member of the board shall be a citizen of the United States, a
resident of this state, at least thirty years of age, and shall have been
actively engaged in fire investigation for the previous five years. No
more than one board member shall be employed by or affiliated with the
same licensed private fire investigation agency. The initial board
members shall not be required to be licensed but shall obtain a license
within one hundred eighty days after appointment to the board.

3. The members of the board shall be appointed for terms of three years,
except those first appointed, in which case two members shall be
appointed for terms of three years, two members shall be appointed for
terms of two years, and two members shall be appointed for a one-year
term. Any vacancy on the board shall be filled for the remainder of the
unexpired term of that member. The members of the board shall serve
without pay, but they shall receive per diem expenses in an equivalent
amount as allowed for members of the general assembly. (L. 2004 H.B. 1195
§ 324.933)

The following persons or organizations shall not be deemed to be
engaging in licensed private fire investigation:

(1) Any officer or employee of the United States, this state, or a
political subdivision of this state, or an entity organized under section
320.300, RSMo, while engaged in the performance of the officer's or
employee's official duties;

(2) An attorney performing duties as an attorney;

(3) An investigator who is an employee of an insurance company;

(4) Insurers, agents, and insurance brokers licensed by the state,
performing duties in connection with insurance transacted by them;

(5) An insurance adjuster; or

(6) An investigator employed by and under the supervision of a licensed
attorney while acting within the scope of employment, who does not
represent himself or herself to be a licensed private fire investigator.
(L. 2004 H.B. 1195 § 324.936)

1. Every person desiring to be licensed in this state as a
licensed private fire investigator or licensed private fire investigator
agency shall make an application to the board. An application for a
license pursuant to the provisions of sections 324.600 to 324.635 shall
be on a form prescribed by the board and accompanied by the required
application fee. An application shall be verified and shall include:

(1) The full name and business address of the applicant;

(2) The name that the applicant intends to do business under;

(3) A statement as to the general nature of the business that the
applicant intends to engage in;

(4) Two recent passport photographs of the applicant and two classifiable
sets of the applicant's fingerprints;

(5) A verified statement of the applicant's experience qualifications; and

(6) Such other information, evidence, statements, or documents as may be
required by the state fire marshal.

2. To be eligible for licensure, the applicant shall:

(1) Be at least twenty-one years of age;

(2) Be a citizen of the United States;

(3) Not have a felony conviction or a conviction of a crime involving
moral turpitude;

(4) Provide proof of liability insurance with amount to be no less than
one million dollars in coverage; and

(5) Comply with such other qualifications as the board shall require. For
the purposes of sections 324.600 to 324.635, the record of conviction, or
a certified copy thereof, shall be conclusive evidence of such
conviction, and a plea or verdict of guilty is deemed to be a conviction
within the meaning thereof.

3. The board shall require as a condition of licensure that the applicant:

(1) Successfully complete a course of training approved by the state fire
marshal's office;

(2) Pass a written examination as evidence of knowledge of fire
investigation. Certification as a fire investigator by the state fire
marshal or other agencies approved by the state fire marshal shall
constitute passing a written examination;

(3) Provide a background check from an authorized state law enforcement
agency. The board shall conduct a complete investigation of the
background of each applicant for licensure as a licensed private fire
investigator or agency to determine whether the applicant is qualified
for licensure pursuant to sections 324.600 to 324.635; and

(4) Pass any other basic qualification requirements as the board shall
outline.

4. The board may deny a request for a license if the applicant has:

(1) Committed any act that, if committed by a licensee, would be grounds
for the suspension or revocation of a license pursuant to the provisions
of sections 324.600 to 324.635;

(2) Been finally adjudicated and found guilty, or entered a plea of
guilty or nolo contendere in a criminal prosecution under the laws of any
state or the United States for any offense reasonably related to the
qualifications, functions, or duties of any profession licensed or
regulated under this chapter or for any offense an essential element of
which is fraud, dishonesty, or an act of violence, or for any offense
involving moral turpitude, whether or not a sentence is imposed;

(3) Been refused a license pursuant to the provisions of sections 324.600
to 324.635 or had a license revoked in this state or in any other state;

(4) Prior to being licensed, committed, aided, or abetted the commission
of any act that requires a license pursuant to sections 324.600 to
324.635; and

(5) Knowingly made any false statement in the application.

5. Every application submitted pursuant to the provisions of sections
324.600 to 324.635 shall be accompanied by a fee as determined by the
board as follows:

(1) A separate fee shall be paid for an individual license, agency
license, and employees being licensed to work under an agency license; and

(2) If a license is issued for a period of less than two years, the fee
shall be prorated for the months, or fraction thereof, for which the
license is issued.

6. All fees required pursuant to this section shall be paid to and
collected by the division of fire safety and transmitted to the
department of revenue for deposit in the state general revenue fund. The
board shall set fees at a level to produce revenue that will not
substantially exceed or fail to cover the costs and expenses of
administering sections 324.600 to 324.635. These fees shall be exclusive
and no municipality may require any person licensed pursuant to sections
324.600 to 324.635 to furnish any bond or pass any examination to
practice as a licensed private fire investigator.

7. Renewal of a license shall be made in the manner prescribed by the
board, including the payment of a renewal fee. (L. 2004 H.B. 1195 §
324.939)

1. The board shall determine the form of the license which shall
include:

(1) The name of the licensee;

(2) The name under which the licensee is to operate; and

(3) The number and date of the license.

2. The license shall be posted at all times in a conspicuous place in the
principal place of business of the licensee.

3. Upon the issuance of the license, a pocket card of such size, design,
and content as determined by the board shall be issued to each licensee.
Such card shall be evidence that the licensee is licensed pursuant to the
provisions of sections 324.600 to 324.635. When any person to whom a card
is issued terminates such person's position, office, or association with
the licensee, the card shall be surrendered to the licensee and within
five days thereafter shall be mailed or delivered by the licensee to the
board for cancellation. (L. 2004 H.B. 1195 § 324.942)

1. The owner of a company seeking any agency license must first
be licensed as a private fire investigator. The agency may hire
individuals to work for the agency whom shall conduct investigations for
such agency only. Persons hired shall make application as determined by
the board and shall meet all requirements set forth by the board. They
shall not be required to meet any experience requirements and shall be
allowed to begin work immediately. Employees shall attend an approved
training program within a time to be determined by the board and will be
under the direct supervision of a licensed private fire investigator
until all requirements are met.

2. A licensee shall at all times be legally responsible for the good
conduct of each of the licensee's employees or agents while engaged in
the business of the licensee. A licensee is legally responsible for any
acts committed by the licensee's employees or agents which are in
violation of sections 324.600 to 324.635. A person receiving an agency
license shall directly manage the agency and employees.

3. Each licensee shall maintain a record containing such information
relative to the licensee's employees as may be prescribed by the board.
Such licensee shall file with the board the complete address of the
licensee's principal place of business including the name and number of
the street. The board may require the filing of other information for the
purpose of identifying such principal place of business. (L. 2004 H.B.
1195 § 324.945)

No licensee or officer, director, partner, associate, or
employee of the licensee shall:

(1) Knowingly make any false report to his or her employer or client for
whom information was being obtained;

(2) Cause any written report to be submitted to a client except by the
licensee and the person submitting the report shall exercise diligence in
ascertaining whether or not the facts and information in such report are
true and correct;

(3) Use a title, wear a uniform, use an insignia or identification card,
or make any statement with the intent to give an impression that such
person is connected in any way with the federal or state government or
any political subdivision of the federal or state government;

(4) Appear as an assignee party in any proceeding involving claim and
delivery, replevin or other possessory action, action to foreclose a
chattel mortgage, mechanic's lien, materialman's lien, or any other lien;

(5) Manufacture false evidence;

(6) Allow anyone other than the individual licensed by the state to
conduct an investigation; or

(7) Assign or transfer a license issued pursuant to sections 324.600 to
324.635. (L. 2004 H.B. 1195 § 324.948)

1. Every advertisement by a licensee soliciting or advertising
business shall contain the licensee's name and address as they appear in
the records of the board.

2. A licensee shall not advertise or conduct business from any address in
this state other than that shown on the records of the board as the
licensee's principal place of business unless the licensee has received a
branch office certificate for such location after compliance with the
provisions of sections 324.600 to 324.635 and such additional
requirements necessary for the protection of the public as the board may
prescribe by regulation. A licensee shall notify the board in writing
within ten days after closing or changing the location of a branch
office. (L. 2004 H.B. 1195 § 324.951)

1. The board may deny a request for a license, or may suspend or
revoke a license issued pursuant to sections 324.600 to 324.635, or
censure or place a license on probation if, after notice and opportunity
for hearing in accordance with the provisions of chapter 621, RSMo, the
board determines the licensee has:

(1) Made any false statement or given any false information in connection
with an application for a license or a renewal or reinstatement thereof;

(2) Violated any provisions of sections 324.600 to 324.635;

(3) Violated any rule of the board adopted pursuant to the authority
contained in sections 324.600 to 324.635;

(4) Been convicted of a felony or been convicted of a crime involving
moral turpitude;

(5) Impersonated, or permitted or aided and abetted an employee to
impersonate, a law enforcement officer or employee of the United States,
or of any state or political subdivision;

(6) Committed or permitted any employee to commit any act while the
license was expired that could be cause for the suspension or revocation
of any license, or grounds for the denial of an application for a license;

(7) Knowingly violated, or advised, encouraged, or assisted the violation
of any court order or injunction in the course of business as a licensee;

(8) Used any letterhead, advertisement, or other printed matter or in any
manner representing that such person is an instrumentality of the federal
or state government or any political subdivision of a federal or state
government;

(9) Used a name different from that under which such person is currently
licensed in any advertisement, solicitation, or contact for business; or

(10) Committed any act that is grounds for denial of an application for a
license pursuant to the provisions of sections 324.600 to 324.635.

2. Any person whose license status is affected by any official action of
the state fire marshal or board of licensed private fire investigator
examiners, including, but not limited to, revocation, suspension, failure
to renew a license, or refusal to grant a license, may seek a
determination by the administrative hearing commission pursuant to the
provisions of section 621.045, RSMo. After the filing of a complaint
before the administrative hearing commission, the proceedings shall be
conducted in accordance with the provisions of chapter 621, RSMo. Upon a
finding by the administrative hearing commission that the grounds,
provided in subsection 1 of this section, for disciplinary action are
met, the board may singly or in combination censure or place the person
named in the complaint on probation on such terms and conditions as the
board deems appropriate for a period not to exceed five years or may
suspend, for a period not to exceed three years, or revoke the license.

3. A licensed private fire investigator agency may continue under the
direction of another employee if the individual holding the license is
suspended or revoked as approved by the board. The board shall establish
a time from within which the licensed private fire investigator agency
shall identify an acceptable person who is qualified to assume control of
the agency as required by the board. (L. 2004 H.B. 1195 § 324.954)

1. For the purpose of enforcing the provisions of sections
324.600 to 324.635, or in making investigations relating to any violation
thereof or to the character, competency, or integrity of the applicants
or licensees, or for the purpose of investigating the business, business
practices, or business methods of any applicant or licensee, or of the
officers, directors, partners, or associates thereof, the board shall
have the power to subpoena and bring before the board any person in this
state and require the production of any books, records, or papers that
the board deems relative to the inquiry. A subpoena issued pursuant to
this section shall be governed by this state's rules of civil procedure.

2. Any person subpoenaed who fails to obey such subpoena without
reasonable cause or who without such cause refuses to be examined or to
answer any legal or pertinent question as to the character or
qualifications of such applicant or licensee or such applicant's or
licensee's business, business practices, or methods or such violations
shall be guilty of a class A misdemeanor.

3. The board may administer an oath and take the testimony of any person,
or cause such person's deposition to be taken, except that any applicant
or licensee or officer, director, partner, or associate thereof shall not
be entitled to any fees or mileage. The testimony of witnesses in any
investigative proceeding shall be under oath and willful. False swearing
in such proceeding shall be perjury. (L. 2004 H.B. 1195 § 324.957)

1. The board shall adopt such rules and regulations as may be
necessary to carry out the provisions of sections 324.600 to 324.635.

2. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date, or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2004, shall be invalid and void. (L. 2004 H.B. 1195 § 324.960)

Any person who knowingly falsifies the fingerprints or
photographs or other information requested to be submitted pursuant to
sections 324.600 to 324.635 is guilty of a class D felony. Any person who
violates any other provisions of sections 324.600 to 324.635 is guilty of
a class A misdemeanor. (L. 2004 H.B. 1195 § 324.965)

As used in sections 324.700 to 324.745, unless the context
provides otherwise, the following terms shall mean:

(1) "Division", the division of motor carrier and railroad safety;

(2) "House", a dwelling or other structure intended for human habitat in
excess of fourteen feet in width. A house does not include a manufactured
home as defined in section 700.010, RSMo, or a modular unit;

(3) "Housemover", a person actively engaged on a full-time basis in the
intrastate movement of houses on public roads and highways of this state;

(4) "Housemoving", engaging actively and directly on a full-time basis in
the intrastate movement of houses on public roads and highways of this
state;

(5) "Person", an individual, corporation, partnership, association or any
other business entity. (L. 2001 H.B. 567 merged with S.B. 317)

All persons who engage in the business of housemoving on the
roads and highways of this state shall be licensed by the division of
motor carrier and railroad safety. (L. 2001 H.B. 567 merged with S.B. 317)

The division shall issue licenses to applicants meeting the
following conditions:

(1) The applicant must be at least eighteen years of age, possess a valid
commercial driver's license and have at least twenty-four months'
experience in moving houses;

(2) The applicant must furnish proof that all of the vehicles to be used
in the movement of houses have met the requirements of sections 307.350
to 307.400, RSMo, or its equivalent pertaining to the inspection of motor
vehicles;

(3) The applicant must exhibit his federal employer's identification
number; and

(4) The applicant must pay an annual license fee of one hundred dollars.
All moneys received for housemover licenses shall be paid to and
collected by the division of motor carrier and railroad safety and
transmitted to the director of revenue and deposited in the state
treasury to the credit of the state highways and transportation fund as
established in section 226.200, RSMo. (L. 2001 H.B. 567 merged with S.B.
317)

A license issued pursuant to sections 324.700 to 327.742 shall
be effective for a period of one year from the date of issuance and shall
be renewable on an annual basis. (L. 2001 H.B. 567 merged with S.B. 317)

1. No license shall be issued or renewed unless the applicant
files with the division a certificate or certificates of insurance from
an insurance company or companies authorized to do business in this
state. The applicant must demonstrate that he or she has:

(1) Motor vehicle insurance for bodily injury to or death of one or more
persons in any one accident and for injury or destruction of property of
others in any one accident with minimum coverage of five hundred thousand
dollars;

(2) Comprehensive general liability insurance with a minimum coverage of
two million dollars, including coverage of operations on state streets
and highways that are not covered by motor vehicle insurance; and

(3) Workers' compensation insurance that complies with chapter 287, RSMo,
for all employees.

2. The certificate or certificates shall provide for continuous coverage
during the effective period of the license issued pursuant to this
section. At the time the certificate is filed, the applicant shall also
file with the division a current list of all motor vehicles covered by
the certificate. The applicant shall file amendments to the list within
fifteen days of any changes.

3. An insurance company issuing any insurance policy required by this
section shall notify the division of any of the following events at least
thirty days before its occurrence:

(1) Cancellation of the policy;

(2) Nonrenewal of the policy by the company; or

(3) Any change in the policy.

4. In addition to all coverages required by this section, the applicant
shall file with the division a copy of either:

(1) A bond or other acceptable surety providing coverage in the amount of
fifty thousand dollars for the benefit of a person contracting with the
housemover to move that person's house for all claims for property damage
arising from the movement of a house; or

(2) A policy of cargo insurance in the amount of one hundred thousand
dollars. (L. 2001 H.B. 567)

*This section was enacted by both H.B. 567 and S.B. 317 during the 1st
Regular Session of the Ninety-first General Assembly, 2001. Due to
possible conflict, both versions are printed here.

1. No license shall be issued or renewed unless the applicant
files with the division a certificate or certificates of insurance from
an insurance company or companies authorized to do business in this
state. The applicant must demonstrate that he or she has:

(1) Motor vehicle insurance for bodily injury to or death of one or more
persons in any one accident and for injury or destruction of property of
others in any one accident with minimum amount of coverage established by
the division by rule;

(2) Comprehensive general liability insurance with a minimum level of
coverage established by the division by rule, including coverage of
operations on state streets and highways that are not covered by motor
vehicle insurance; and

(3) Workers' compensation insurance that complies with chapter 287, RSMo,
for all employees.

2. The certificate or certificates shall provide for continuous coverage
during the effective period of the license issued pursuant to this
section. At the time the certificate is filed, the applicant shall also
file with the division a current list of all motor vehicles covered by
the certificate. The applicant shall file amendments to the list within
fifteen days of any changes.

3. An insurance company issuing any insurance policy required by this
section shall notify the division of any of the following events at least
thirty days before its occurrence:

(1) Cancellation of the policy;

(2) Nonrenewal of the policy by the company; or

(3) Any change in the policy.

4. In addition to all coverages required by this section, the applicant
shall file with the division a copy of either:

(1) A bond or other acceptable surety providing coverage in the amount of
fifty thousand dollars for the benefit of a person contracting with the
housemover to move that person's house for all claims for property damage
arising from the movement of a house; or

(2) A policy of cargo insurance in the amount of one hundred thousand
dollars. (L. 2001 S.B. 317)

*This section was enacted by both H.B. 567 and S.B. 317 during the 1st
Regular Session of the Ninety-first General Assembly, 2001. Due to
possible conflict, both versions are printed here.

1. Persons licensed as housemovers shall also be required to
secure a special permit, as provided for pursuant to section 304.200,
RSMo, from the chief engineer of the department of transportation for
every move undertaken on the state highway system. The permit shall be
issued by the chief engineer if the chief engineer determines that the
applicant:

(1) Is properly licensed pursuant to sections 324.700 to 324.745;

(2) Has furnished the surety bond or policy of cargo insurance required
by subsection 4 of section 324.712; and

(3) Is complying with such other regulations as required by the division
of motor carrier and railroad safety.

2. A license shall not be required for individuals moving their own
houses from or to property owned individually by those persons; however,
a special permit will be required for all moves.

3. Licensed housemovers shall furnish one rear escort vehicle on
interstate and other divided highways. Licensed housemovers shall provide
two escorts on all multilane and two-lane highways, one in front and one
rear. (L. 2001 H.B. 567 merged with S.B. 317)

1. Application for a special permit to move a house must be made
to the chief engineer of the department of transportation at least two
days prior to the date of the move. For good cause shown, this time may
be waived by the chief engineer.

2. A travel plan shall accompany the application for the special permit.
The travel plan will show the proposed route, the time estimated for each
segment of the move, and* a plan to handle traffic so that no one delay
to other highway users shall exceed twenty minutes. The chief engineer
shall review the travel plan and if the route cannot accommodate the move
due to roadway weight limits, bridge size or weight limits, or will cause
undue interruption of traffic flow, the special permit shall not be
issued.

3. The applicant may submit alternate plans if desired until an
acceptable route is determined. If the width of the house to be relocated
is more than thirty-six feet, or if no acceptable travel plan has been
filed, and the denial of the permit would cause a hardship, the
application and travel plan may be submitted to the chief engineer on
appeal. After reviewing the route and travel plan, the chief engineer may
in his or her discretion issue the permit after considering the practical
physical limitations of the route, the nature and purpose of the move,
the size and weight of the house, the distance the house is to be moved,
and the safety and convenience of the traveling public. A surety bond in
the amount to cover the cost of any damage to the pavement, structures,
bridges, roadway or other damages that may occur may be required if
deemed necessary by the chief engineer. (L. 2001 H.B. 567)

*Word "and" does not appear in original rolls.

All obstructions, including traffic signals, signs, and utility
lines will be removed immediately prior to and replaced immediately after
the move at the expense of the housemover, provided that arrangements for
and approval from the owner are* obtained. (L. 2001 H.B. 567)

*Word "is" appears in original rolls.

Irrespective of the route shown on the special permit, an
alternate route will be followed:

(1) If directed by a peace officer;

(2) If directed by a uniformed officer assigned to a weighing station to
follow a route to a weighing device; or

(3) If the specified route is officially detoured. Should a detour be
encountered, the driver shall check with the department of transportation
prior to proceeding. (L. 2001 H.B. 567)

The house to be transported will not be loaded, unloaded, nor
parked, day or night, on a highway right-of-way without specific
permission from the director. (L. 2001 H.B. 567)

No move will be made when atmospheric conditions render
visibility lower than safe for travel. Moves will not be made when
highways are covered with snow or ice, or at any time travel conditions
are considered unsafe by the director or highway patrol or other law
enforcement officers having jurisdiction. (L. 2001 H.B. 567)

The permit may be voided if any conditions of the permit are
violated. Upon any violation, the permit must be surrendered and a new
permit obtained before proceeding. Misrepresentation of information on an
application to obtain a license, fraudulently obtaining a permit,
alteration of a permit, or unauthorized use of a permit will render the
permit void. (L. 2001 H.B. 567)

All moves on streets on the municipal system of streets shall
comply with local ordinances. The officer in charge of the maintenance of
streets of any municipality may issue permits for the use of the streets
by housemovers within the limits of such municipalities. (L. 2001 H.B.
567)

The speed of moves will be that which is reasonable and prudent
for the load, considering weight and bulk, under conditions existing at
the time. (L. 2001 H.B. 567)

Any person violating sections 324.700 to 324.745 or the
regulations of the division or department of transportation shall be
guilty of a class A misdemeanor. (L. 2001 H.B. 567 merged with S.B. 317)

1. If any provisions of sections 324.700 to 324.745, or if the
application of such provisions to any person or circumstance shall be
held invalid, the remainder of this section and the application of such
provision of sections 324.700 to 324.745 other than those as to which it
is held valid, shall not be affected thereby.

2. Nothing in sections 324.700 to 324.745 shall be construed to limit,
modify or supercede the standards governing the intrastate or interstate
movement of property pursuant to 49 U.S.C. 14501 or 49 U.S.C. 14504.

3. The provisions of sections 324.700 to 324.745 shall not apply to
housemovers engaged in the interstate movement of houses. Those engaged
in the interstate movement of houses, however, shall comply with all
applicable provisions of federal and state law with respect to the
movement of such property. (L. 2001 H.B. 567 merged with S.B. 317)

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