Missouri Statute | Act | Code |Occupations And Professions| US Code - US Statute | Chapter 337 Psychologists--professional Counselors--social Workers

As used in sections 337.010 to 337.090 the following terms mean:

(1) "Committee", the state committee of psychologists;

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

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

(4) "Licensed psychologist", any person who offers to render
psychological services to individuals, groups, organizations,
institutions, corporations, schools, government agencies or the general
public for a fee, monetary or otherwise, implying that such person is
trained, experienced and licensed to practice psychology and who holds a
current and valid, whether temporary, provisional or permanent, license
in this state to practice psychology;

(5) "Provisional licensed psychologist", any person who is a graduate of
a recognized educational institution with a doctoral degree in psychology
as defined in section 337.025, and who otherwise meets all requirements
to become a licensed psychologist except for passage of the licensing
exams, oral examination and completion of the required period of
postdegree supervised experience as specified in subsection 2 of section
337.025;

(6) "Recognized educational institution":

(a) A school, college, university or other institution of higher learning
in the United States, which, at the time the applicant was enrolled and
graduated, had a graduate program in psychology and was accredited by one
of the regional accrediting associations approved by the Council on
Postsecondary Accreditation; or

(b) A school, college, university or other institution of higher learning
outside the United States, which, at the time the applicant was enrolled
and graduated, had a graduate program in psychology and maintained a
standard of training substantially equivalent to the standards of
training of those programs accredited by one of the regional accrediting
associations approved by the Council of Postsecondary Accreditation;

(7) "Temporary license", a license which is issued to a person licensed
as a psychologist in another jurisdiction, who has applied for licensure
in this state either by reciprocity or endorsement of the score from the
Examination for Professional Practice in Psychology, and who is awaiting
either a final determination by the committee relative to such person's
eligibility for licensure or who is awaiting the results of the
jurisprudence examination or oral examination. (L. 1977 H.B. 255 § 1,
A.L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720, A.L. 1998 H.B. 1601, et al.
merged with S.B. 732)

1. No person shall represent himself as a psychologist in the
state of Missouri unless he is validly licensed and registered under the
provisions of this chapter. No person shall engage in the practice of
psychology in the state of Missouri unless he is validly licensed and
registered under the provisions of this chapter unless otherwise exempt
under the provisions of sections 337.010 to 337.090.

2. A person represents himself as a "psychologist" within the meaning of
this chapter when he holds himself out to the public by any title or
description of services incorporating the words "psychology",
"psychological", or "psychologist", or any term of like import,
"psychometry", "psychometrics", "psychometrist", "psychotherapy",
"psychotherapists", "psychoanalysis", "psychoanalyst", or variants
thereof or when the person purports to be trained, experienced or an
expert in the field of psychology, and offers to render or renders
services as defined below to individuals, groups, organizations, or the
public for a fee, monetary or otherwise; provided, however, that
professional counselors licensed to practice under this chapter, or a
physician licensed to practice pursuant to chapter 334, RSMo, who
specializes in psychiatry, may use any of such terms except "psychology",
"psychological", or "psychologist" so long as such is consistent with
their respective licensing laws.

3. The "practice of psychology" within the meaning of this chapter is
defined as the observation, description, evaluation, interpretation,
treatment, and modification of human behavior by the application of
psychological principles, methods, and procedures, for the purpose of
preventing, treating, or eliminating symptomatic, maladaptive, or
undesired behavior and of enhancing interpersonal relationships, work and
life adjustment, personal effectiveness, behavioral health, and mental
health. The practice of psychology includes, but is not limited to,
psychometric or psychological testing and the evaluation or assessment of
personal characteristics, such as intelligence, personality, abilities,
interests, aptitudes, and neuropsychological functioning; counseling,
psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior
analysis and therapy; diagnosis and treatment of mental and emotional
disorder or disability in both inpatient and outpatient settings,
alcoholism and substance abuse, disorders of habit or conduct, as well as
the psychological aspects of physical illness, accident, injury, or
disability; psychoeducational evaluation, therapy, remediation, and
consultation; and teaching and training of psychological competence.
Psychological services may be rendered to individuals, families, groups,
and the public. The practice of psychology shall be construed within the
meaning of this definition without regard to whether payment is received
for services rendered.

4. The application of these principles and methods includes, but is not
restricted to: diagnosis, prevention, treatment, and amelioration of
adjustment problems and emotional and mental disturbances of individuals
and groups; hypnosis; counseling; educational and vocational counseling;
personnel selection and management; the evaluation and planning for
effective work and learning situations; advertising and market research;
and the resolution of interpersonal and social conflicts. (L. 1977 H.B.
255 § 2, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720)

1. Each person desiring to obtain a license, whether temporary,
provisional or permanent, as a psychologist shall make application to the
committee upon such forms and in such manner as may be prescribed by the
committee and shall pay the required application fee. The application fee
shall not be refundable. Each application shall contain a statement that
it is made under oath or affirmation and that its representations are
true and correct to the best knowledge and belief of the person signing
the application, subject to the penalties of making a false affidavit or
declaration.

2. Each applicant, whether for temporary, provisional or permanent
licensure, shall submit evidence satisfactory to the committee that the
applicant is at least twenty-one years of age, is of good moral
character, and meets the appropriate educational requirements as set
forth in either section 337.021 or 337.025, or is qualified for licensure
without examination pursuant to section 337.029. In determining the
acceptability of the applicant's qualifications, the committee may
require evidence that it deems reasonable and proper, in accordance with
law, and the applicant shall furnish the evidence in the manner required
by the committee.

3. The committee with assistance from the division shall issue a
permanent license to and register as a psychologist any applicant who, in
addition to having fulfilled the other requirements of sections 337.010
to 337.090, passes the examination for professional practice in
psychology and such other examinations in psychology which may be adopted
by the committee, except that an applicant fulfilling the requirement of
section 337.029 shall upon successful completion of the jurisprudence
examination and completion of the oral examination be permanently
licensed without having to retake the examination for professional
practice in psychology.

4. The committee, with assistance from the division, shall issue a
provisional license to, and register as being a provisionally licensed
psychologist, any applicant who is a graduate of a recognized educational
institution with a doctoral degree in psychology as defined in section
337.025, and who otherwise meets all requirements to become a licensed
psychologist, except for passage of the national and state licensing
exams, oral examination and completion of the required period of
postdegree supervised experience as specified in subsection 2 of section
337.025.

5. A provisional license issued pursuant to subsection 4 of this section
shall only authorize and permit the applicant to render those
psychological services which are under the supervision and the full
professional responsibility and control of such person's postdoctoral
degree licensed supervisor. A provisional license shall automatically
terminate upon issuance of a permanent license, upon a finding of cause
to discipline after notice and hearing pursuant to section 337.035, upon
the expiration of one year from the date of issuance whichever event
first occurs, or upon termination of supervision by the licensed
supervisor. The provisional license may be renewed after one year with a
maximum issuance of two years total per provisional licensee. The
committee by rule shall provide procedures for exceptions and variances
from the requirement of a maximum issuance of two years due to vacations,
illness, pregnancy and other good causes.

6. The committee, with assistance from the division, shall immediately
issue a temporary license to any applicant for licensure either by
reciprocity pursuant to section 337.029, or by endorsement of the score
from the examination for professional practice in psychology upon receipt
of an application for such licensure and upon proof that the applicant is
either licensed as a psychologist in another jurisdiction, is a diplomate
of the American Board of Professional Psychology, or is a member of the
National Register of Health Services Providers in Psychology.

7. A temporary license issued pursuant to subsection 6 of this section
shall authorize the applicant to practice psychology in this state, the
same as if a permanent license had been issued. Such temporary license
shall be issued without payment of an additional fee and shall remain in
full force and effect until the earlier of the following events:

(1) A permanent license has been issued to the applicant following
successful completion of the jurisprudence examination and the oral
interview examination;

(2) In cases where the committee has found the applicant ineligible for
licensure and no appeal has been taken to the administrative hearing
commission, then at the expiration of such appeal time; or

(3) In cases where the committee has found the applicant ineligible for
licensure and the applicant has taken an appeal to the administrative
hearing commission and the administrative hearing commission has also
found the applicant ineligible, then upon the rendition by the
administrative hearing commission of its findings of fact and conclusions
of law to such effect.

8. Written and oral examinations pursuant to sections 337.010 to 337.090
shall be administered by the committee at least twice each year to any
applicant who meets the educational requirements set forth in either
section 337.021 or 337.025 or to any applicant who is seeking licensure
either by reciprocity pursuant to section 337.029, or by endorsement of
the score from the examination of professional practice in psychology.
The committee shall examine in the areas of professional knowledge,
techniques and applications, research and its interpretation,
professional affairs, ethics, and Missouri law and regulations governing
the practice of psychology. The committee may use, in whole or in part,
the examination for professional practice in psychology national
examination in psychology or such other national examination in
psychology which may be available.

9. If an applicant fails any examination, the applicant shall be
permitted to take a subsequent examination, upon the payment of an
additional reexamination fee. This reexamination fee shall not be
refundable. (L. 1977 H.B. 255 § 3, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738
& 720, A.L. 1995 S.B. 69, et al., A.L. 1996 S.B. 604, et al., A.L. 1997
S.B. 141, A.L. 1998 H.B. 1601, et al. merged with S.B. 732)

1. The provisions of this section shall govern, except as
provided in subsection 3 of this section, the education and experience
requirements for initial licensure as a psychologist for the following
persons:

(1) A person who has completed a graduate program which is primarily
psychological in nature prior to August 28, 1990; or

(2) A person who is matriculated in a graduate program which is primarily
psychological in nature prior to August 28, 1990; provided that, such
person who does not complete all requirements for initial licensure prior
to August 28, 1996, except as provided in subsections 5 and 6 of this
section, shall be governed by the licensure requirements of section
337.025.

2. Each applicant shall submit evidence satisfactory to the committee
that the applicant either:

(1) Has received a doctoral degree, based upon a program of studies from
a recognized educational institution the contents of which were primarily
psychological, as defined by rule, and who has had at least one year of
satisfactory supervised professional experience in the general field of
psychology, as defined by rule; or

(2) Received a master's degree, based upon a program of studies from a
recognized educational institution the contents of which were primarily
psychological, as defined by rule, and who has had at least three years
of satisfactory professional experience in the general field of
psychology, as defined by rule.

3. Notwithstanding the provisions of subsection 1 of this section, an
applicant who has received a doctoral degree from a graduate program
which is primarily psychological in nature prior to August 28, 1990, may
elect at the applicant's option to have the applicant's application and
licensure evaluated pursuant to the provisions of either section 337.021
or 337.025.

4. The rules referred to in subsection 2 of this section shall be those
rules as previously promulgated by the department pursuant to the
provisions of sections 337.020 and 337.050 as were in force and effect on
August 28, 1989.

5. Notwithstanding any provision of section 337.025 or this section to
the contrary, any person who qualifies for initial licensure pursuant to
subdivision (2) of subsection 2 of this section that has taken the
Missouri licensing examination but has not received a passing score on
the licensing examination before August 28, 1996, shall be allowed the
same amount of attempts, within the same allotted time, to pass such
examination as a person who meets the requirements for initial licensure
pursuant to subdivision (1) of subsection 2 of this section.

6. As used in sections 337.010 to 337.090, initial licensure refers only
to the educational and experience requirements set forth in subsection 2
of this section, such that initial licensure shall not include passage of
any examination given for the purposes of full licensure under section
337.020. (L. 1989 H.B. 738 & 720, A.L. 1997 S.B. 141, A.L. 1998 S.B. 732)

1. The provisions of this section shall govern the education and
experience requirements for initial licensure as a psychologist for the
following persons:

(1) A person who has not matriculated in a graduate degree program which
is primarily psychological in nature on or before August 28, 1990; and

(2) A person who is matriculated after August 28, 1990, in a graduate
degree program designed to train professional psychologists.

2. Each applicant shall submit satisfactory evidence to the committee
that the applicant has received a doctoral degree in psychology from a
recognized educational institution, and has had at least one year of
satisfactory supervised professional experience in the field of
psychology.

3. A doctoral degree in psychology is defined as:

(1) A program accredited, or provisionally accredited, by the American
Psychological Association; or

(2) A program designated or approved, including provisional approval, by
the American Association of State Psychology Boards or the Council for
the National Register of Health Service Providers in Psychology, or both;
or

(3) A graduate program that meets all of the following criteria:

(a) The program, wherever it may be administratively housed, shall be
clearly identified and labeled as a psychology program. Such a program
shall specify in pertinent institutional catalogues and brochures its
intent to educate and train professional psychologists;

(b) The psychology program shall stand as a recognizable, coherent
organizational entity within the institution of higher education;

(c) There shall be a clear authority and primary responsibility for the
core and specialty areas whether or not the program cuts across
administrative lines;

(d) The program shall be an integrated, organized, sequence of study;

(e) There shall be an identifiable psychology faculty and a psychologist
responsible for the program;

(f) The program shall have an identifiable body of students who are
matriculated in that program for a degree;

(g) The program shall include a supervised practicum, internship, field,
or laboratory training appropriate to the practice of psychology;

(h) The curriculum shall encompass a minimum of three academic years of
full-time graduate study, with a minimum of one year's residency at the
educational institution granting the doctoral degree; and

(i) Require the completion by the applicant of a core program in
psychology which shall be met by the completion and award of at least one
three-semester-hour graduate credit course or a combination of graduate
credit courses totaling three semester hours or five quarter hours in
each of the following areas:

a. The biological bases of behavior such as courses in: physiological
psychology, comparative psychology, neuropsychology, sensation and
perception, psychopharmacology;

b. The cognitive-affective bases of behavior such as courses in:
learning, thinking, motivation, emotion, and cognitive psychology;

c. The social bases of behavior such as courses in: social psychology,
group processes/dynamics, interpersonal relationships, and organizational
and systems theory;

d. Individual differences such as courses in: personality theory, human
development, abnormal psychology, developmental psychology, child
psychology, adolescent psychology, psychology of aging, and theories of
personality;

e. The scientific methods and procedures of understanding, predicting and
influencing human behavior such as courses in: statistics, experimental
design, psychometrics, individual testing, group testing, and research
design and methodology.

4. Acceptable supervised professional experience shall consist of a
minimum of fifteen hundred hours of professional experience obtained in
not less than twelve nor more than twenty-four consecutive calendar
months. In no case shall this experience be accumulated at a rate of less
than twenty hours per week nor more than fifty hours per week.
Postdoctoral supervised professional experience for prospective health
service providers shall involve and relate to the delivery of
psychological health services. Postdoctoral supervised professional
experience for other applicants shall be in accordance with professional
requirements and relevant to the applicant's intended area of practice.

5. Postdoctoral experience for those applicants who intend to seek health
service provider certification and who have completed a program in one or
more of the American Psychological Association designated health service
provider delivery areas shall be obtained under the primary supervision
of a licensed psychologist who is also a health service provider or who
otherwise meets the requirements for health service provider
certification. Postdoctoral experience for those applicants who do not
intend to seek health service provider certification shall be obtained
under the primary supervision of a licensed psychologist or such other
qualified mental health professional approved by the committee.

6. The psychological activities of the applicant shall be performed
pursuant to the primary supervisor's order, control, and full
professional responsibility. The primary supervisor shall maintain a
continuing relationship with the applicant and shall meet with the
applicant a minimum of one hour per month in face-to-face individual
supervision. Clinical supervision may be delegated by the primary
supervisor to one or more secondary supervisors who are* qualified
psychologists**. The secondary supervisors shall retain order, control
and full professional responsibility for the applicant's clinical work
under their supervision and shall meet with the applicant a minimum of
one hour per week in face-to-face individual supervision. If the primary
supervisor is also the clinical supervisor, meetings shall be a minimum
of one hour per week. Group supervision shall not be acceptable for
supervised professional experience. The primary supervisor shall certify
to the committee that the applicant has complied with these requirements
and that the applicant has demonstrated ethical and competent practice of
psychology. The changing by an agency of the primary supervisor during
the course of the supervised experience shall not invalidate the
supervised experience.

7. The committee by rule shall provide procedures for exceptions and
variances from the requirements for once a week face-to-face supervision
due to vacations, illness, pregnancy, and other good causes. (L. 1977
H.B. 255 § 4, A.L. 1989 H.B. 738 & 720, A.L. 1998 H.B. 1601, et al.
merged with S.B. 732)

*Words "is a" appear in original rolls.

**Word "psychologist" appears in original rolls.

For purposes of commencing and obtaining the postdegree
supervised experience as provided in sections 337.010 to 337.090, an
applicant shall be deemed to have met the educational requirements,
either upon the conferral of the formal degree or at the time when all of
the degree requirements established by the recognized educational
institution for the degree have been met with the sole exception that the
degree has not been formally conferred at a graduation program and the
institution so certifies in writing to the committee. (L. 1989 H.B. 738 &
720)

1. A psychologist licensed in another jurisdiction who has had
no violations and no suspensions and no revocation of a license to
practice psychology in any jurisdiction may receive a license in
Missouri, provided the psychologist passes a written examination on
Missouri laws and regulations governing the practice of psychology and
meets one of the following criteria:

(1) Is a diplomate of the American Board of Professional Psychology;

(2) Is a member of the National Register of Health Service Providers in
Psychology;

(3) Is currently licensed or certified as a psychologist in another
jurisdiction who is then a signatory to the Association of State and
Provincial Psychology Board's reciprocity agreement;

(4) Is currently licensed or certified as a psychologist in another
state, territory of the United States, or the District of Columbia and:

(a) Has a doctoral degree in psychology from a program accredited, or
provisionally accredited, by the American Psychological Association or
that meets the requirements as set forth in subdivision (3) of subsection
3 of section 337.025;

(b) Has been licensed for the preceding five years; and

(c) Has had no disciplinary action taken against the license for the
preceding five years;

(5) Is currently licensed or certified as a psychologist in a state,
territory of the United States, or the District of Columbia that extends
like privileges for reciprocal licensing or certification to persons
licensed by this state with similar qualifications; or

(6) Holds a current certificate of professional qualification (CPQ)
issued by the Association of State and Provincial Psychology Boards
(ASPPB).

2. Notwithstanding the provisions of subsection 1 of this section,
applicants may be required to pass an oral examination as adopted by the
committee.

3. A psychologist who receives a license for the practice of psychology
in the state of Missouri on the basis of reciprocity as listed in
subsection 1 of this section or by endorsement of the score from the
examination of professional practice in psychology score will also be
eligible for and shall receive certification from the committee as a
health service provider if the psychologist meets one or more of the
following criteria:

(1) Is a diplomate of the American Board of Professional Psychology in
one or more of the specialties recognized by the American Board of
Professional Psychology as pertaining to health service delivery;

(2) Is a member of the National Register of Health Service Providers in
Psychology; or

(3) Has completed or obtained through education, training, or experience
the requisite knowledge comparable to that which is required pursuant to
section 337.033. (L. 1989 H.B. 738 & 720, A.L. 1995 S.B. 69, et al., A.L.
1998 H.B. 1601, et al., A.L. 1998 S.B. 732, A.L. 2001 S.B. 357)

1. Each psychologist licensed pursuant to the provisions of
sections 337.010 to 337.090, who has not filed with the committee a
verified statement that the psychologist has retired from or terminated
the psychologist's practice of psychology in this state, shall register
with the division on or before the registration renewal date. The
division shall require a registration fee which shall be submitted
together with proof of compliance with the continuing education
requirement as provided in section 337.050 and any other information
required for such registration. Upon receipt of the required material and
of the registration fee, the division shall issue a renewal certificate
of registration. The division shall, when issuing an initial license to
an applicant who has met all of the qualifications of sections 337.010 to
337.093 and has been approved for licensure by the committee shall grant
the applicant, without payment of any further fee, a certificate of
registration valid until the next registration renewal date.

2. The division shall mail a renewal notice to the last known address of
each licensee prior to the registration renewal date. Failure to provide
the division with the proof of compliance with the continuing education
requirement and other information required for registration, or to pay
the registration fee after such notice shall effect a revocation of the
license after a period of sixty days from the registration renewal date.
The license shall be restored if, within two years of the registration
renewal date, the applicant provides written application and the payment
of the registration fee and a delinquency fee and proof of compliance
with the requirements for continuing education as provided in section
337.050.

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

4. The committee shall set the amount of the fees authorized by sections
337.010 to 337.093 and required by rules and regulations promulgated
pursuant to section 536.021, RSMo. The fees shall be set at a level to
produce revenue which shall not substantially exceed the cost and expense
of administering sections 337.010 to 337.090.

5. The committee is authorized to issue an inactive license to any
licensee who makes written application for such license on a form
provided by the board and remits the fee for an inactive license
established by the committee. An inactive license may be issued only to a
person who has previously been issued a license to practice psychology in
this state, who is no longer regularly engaged in such practice and who
does not hold himself or herself out to the public as being
professionally engaged in such practice in this state. Each inactive
license shall be subject to all provisions of this chapter, except as
otherwise specifically provided. Each inactive license may be renewed by
the committee subject to all provisions of this section and all other
provisions of this chapter. The inactive licensee shall not be required
to submit evidence of completion of continuing education as required by
this chapter. An inactive licensee may apply for a license to regularly
engage in the practice of psychology upon filing a written application on
a form provided by the committee, submitting the reactivation fee
established by the committee, and submitting proof of current competency
as established by the committee. (L. 1977 H.B. 255 § 5, A.L. 1981 S.B.
16, A.L. 1989 H.B. 738 & 720, A.L. 1996 S.B. 604, et al., A.L. 2003 S.B.
478)

1. A licensed psychologist shall limit his or her practice to
demonstrated areas of competence as documented by relevant professional
education, training, and experience. A psychologist trained in one area
shall not practice in another area without obtaining additional relevant
professional education, training, and experience through an acceptable
program of respecialization.

2. A psychologist may not represent or hold himself or herself out as a
state certified or registered psychological health service provider
unless the psychologist has first received the psychologist health
service provider certification from the committee; provided, however,
nothing in this section shall be construed to limit or prevent a
licensed, whether temporary, provisional or permanent, psychologist who
does not hold a health service provider certificate from providing
psychological services so long as such services are consistent with
subsection 1 of this section.

3. "Relevant professional education and training" for health service
provider certification, except those entitled to certification pursuant
to subsection 5 or 6 of this section, shall be defined as a licensed
psychologist whose graduate psychology degree from a recognized
educational institution is in an area designated by the American
Psychological Association as pertaining to health service delivery or a
psychologist who subsequent to receipt of his or her graduate degree in
psychology has either completed a respecialization program from a
recognized educational institution in one or more of the American
Psychological Association recognized clinical health service provider
areas and who in addition has completed at least one year of postdegree
supervised experience in such clinical area or a psychologist who has
obtained comparable education and training acceptable to the committee
through completion of postdoctoral fellowships or otherwise.

4. The degree or respecialization program certificate shall be obtained
from a recognized program of graduate study in one or more of the health
service delivery areas designated by the American Psychological
Association as pertaining to health service delivery, which shall meet
one of the criteria established by subdivisions (1) to (3) of this
subsection:

(1) A doctoral degree or completion of a recognized respecialization
program in one or more of the American Psychological Association
designated health service provider delivery areas which is accredited, or
provisionally accredited, by the American Psychological Association; or

(2) A clinical or counseling psychology doctoral degree program or
respecialization program designated, or provisionally approved, by the
Association of State and Provincial Psychology Boards or the Council for
the National Register of Health Service Providers in Psychology, or both;
or

(3) A doctoral degree or completion of a respecialization program in one
or more of the American Psychological Association designated health
service provider delivery areas that meets the following criteria:

(a) The program, wherever it may be administratively housed, shall be
clearly identified and labeled as being in one or more of the American
Psychological Association designated health service provider delivery
areas;

(b) Such a program shall specify in pertinent institutional catalogues
and brochures its intent to educate and train professional psychologists
in one or more of the American Psychological Association designated
health service provider delivery areas.

5. A person who is lawfully licensed as a psychologist pursuant to the
provisions of this chapter on August 28, 1989, or who has been approved
to sit for examination prior to August 28, 1989, and who subsequently
passes the examination shall be deemed to have met all requirements for
health service provider certification; provided, however, that such
person shall be governed by the provisions of subsection 1 of this
section with respect to limitation of practice.

6. Any person who is lawfully licensed as a psychologist in this state
and who meets one or more of the following criteria shall automatically,
upon payment of the requisite fee, be entitled to receive a health
service provider certification from the committee:

(1) Is a diplomate of the American Board of Professional Psychology in
one or more of the specialties recognized by the American Board of
Professional Psychology as pertaining to health service delivery; or

(2) Is a member of the National Register of Health Service Providers in
Psychology. (L. 1989 H.B. 738 & 720, A.L. 1998 H.B. 1601, et al. merged
with S.B. 732)

1. The committee may refuse to issue any certificate of
registration or authority, permit or license required pursuant to this
chapter for one or any combination of causes 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 applicant's
right to file a complaint with the administrative hearing commission as
provided by chapter 621, RSMo.

2. 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 certificate of registration or authority,
permit or license required by this chapter or any person who has failed
to renew or has surrendered the person's certificate of registration or
authority, permit or license for any one or any combination of the
following causes:

(1) 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 this
chapter;

(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 under this chapter, 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 this chapter or in obtaining permission to take any
examination given or required pursuant to this chapter;

(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 or duties of any
profession licensed or regulated by this chapter;

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

(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 this chapter 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 incapacitated by a court of
competent jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by this chapter who is not
registered and currently eligible to practice as provided this chapter;

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

(12) Failure to display a valid certificate or license if so required by
this chapter or any rule promulgated pursuant to this chapter;

(13) Violation of any professional trust or confidence;

(14) 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;

(15) Being guilty of unethical conduct as defined in "Ethical Rules of
Conduct" as adopted by the committee and filed with the secretary of
state.

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, 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 department 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, certificate, or
permit.

4. An interested third party may file a complaint or appear or present
evidence relative to such complaint or another complaint filed pursuant
to this section. For purposes of this section, an interested third party
includes a parent or guardian of a person who received treatment by a
psychologist or any person who is related within the second degree of
consanguinity or affinity and who is financially responsible for the
payment of such treatment. (L. 1977 H.B. 255 § 6, A.L. 1981 S.B. 16, A.L.
1989 H.B. 738 & 720, A.L. 1997 S.B. 141)

No official, employee, board, commission, or agency of the state
of Missouri, county, municipality, school district, or other political
subdivision shall discriminate between persons licensed under sections
337.010 to 337.090 and chapter 334, RSMo, when promulgating regulations
or when requiring or recommending services which legally may be performed
by persons licensed under sections 337.010 to 337.090 and by persons
licensed under chapter 334, RSMo. (L. 1989 H.B. 738 & 720)

Nothing in sections 337.010 to 337.090 shall in any way limit:

(1) Qualified members of other professional groups such as teachers,
clergy, practitioners of medicine, practitioners of chiropractic,
practitioners of optometry, licensed professional counselors, attorneys,
licensed clinical social workers, licensed marriage and family
therapists, vocational counselors, vocational rehabilitation counselors,
nurses, or duly accredited Christian Science practitioners from doing
work of a psychological nature consistent with their training and
consistent with any code of ethics of their respective professions; or

(2) The activities, services, or use of official title on the part of any
person in the employ of a governmental agency, or of a duly chartered
educational institution, or of a corporation primarily engaged in
research, insofar as such activities or services are part of the duties
of his or her employment, except that any person hired after August 28,
1996, shall be in the process of either meeting the requirements to
become licensed, including pursuant to a doctoral degree in psychology or
the supervised professional experience requirements or shall be a
licensed psychologist; or

(3) Other persons from engaging in activities defined as the practice of
psychology, provided that such persons shall not represent themselves by
the title "psychologist". Such persons may use the terms "psychological
trainee", "psychological intern", "psychological resident", and
"psychological assistant" and provided further that such persons perform
their activities under the supervision and responsibility of a licensed
psychologist in accordance with regulations promulgated by the committee.
Nothing in this subsection shall be construed to apply to any person
other than:

(a) A matriculated graduate student in psychology whose activities
constitute a part of the course of study for a graduate degree in
psychology at a recognized educational institution;

(b) An individual pursuing postdoctoral training or experience in
psychology, including persons seeking to fulfill the requirements for
licensure pursuant to the provisions of sections 337.010 to 337.090;

(c) A qualified assistant, including but not limited to, other licensed
professionals employed by, or otherwise directly accountable to, a
licensed psychologist; or

(4) The use of psychological techniques by government institutions,
commercial organizations or individuals for employment, evaluation,
promotion or job adjustment of their own employees or
employee-applicants, or by employment agencies for evaluation of their
own clients prior to recommendation for employment; provided that no
government institution, commercial organization or individual shall sell
or offer these services to the public or to other firms, organizations or
individuals for remuneration, unless the services are performed or
supervised by a person licensed and registered pursuant to sections
337.010 to 337.090; or

(5) The practice of psychology in the state of Missouri for a temporary
period by a person who resides outside the state of Missouri, and who is
licensed or certified to practice psychology in another state and
conducts the major part of his or her practice outside the state. The
temporary period shall not exceed ten consecutive business days in any
period of ninety days, nor in the aggregate exceed fifteen business days
in any nine-month period; or

(6) The provision of expert testimony by psychologists or other persons
who are otherwise exempted by sections 337.010 to 337.090; or

(7) The teaching of psychology, the conduct of psychological research, or
the provision of psychological services or consultations to organizations
or institutions, provided that such teaching, research, or service does
not involve the delivery or supervision of direct psychological services
to individuals or groups of individuals; or

(8) School psychologists certified under the program standards of the
National Association of School Psychologists who are employed in a duly
accredited school so long as the individual is performing services within
the scope of his or her employment for such school and within the scope
of his or her education, training and experience; or

(9) Psychotherapy activities or services performed by an individual with
a doctoral decree in anthropology; provided that such degree was received
on or prior to December 31, 1989, and which was from an educational
institution accredited by one of the regional accrediting associations
approved by the council on postsecondary accreditation; and provided
further that such individual has completed at least twenty-four months of
supervised clinical experience in psychotherapy under the supervision of
a physician. (L. 1977 H.B. 255 § 8, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738
& 720, A.L. 1996 S.B. 604, et al., A.L. 1998 H.B. 1601, et al. merged
with S.B. 732)

1. There is hereby created and established a "State Committee of
Psychologists", which shall consist of seven licensed psychologists and
one public member. The state committee of psychologists existing on
August 28, 1989, is abolished. Nothing in this section shall be construed
to prevent the appointment of any current member of the state committee
of psychologists to the new state committee of psychologists created on
August 28, 1989.

2. Appointments to the committee shall be made by the governor upon the
recommendations of the director of the division, upon the advice and
consent of the senate. The division, prior to submitting nominations,
shall solicit nominees from professional psychological associations and
licensed psychologists in the state. The term of office for committee
members shall be five years, and committee members shall not serve more
than ten years. No person who has previously served on the committee for
ten years shall be eligible for appointment. In making initial
appointments to the committee, the governor shall stagger the terms of
the appointees so that two members serve initial terms of two years, two
members serve initial terms of three years, and two members serve initial
terms of four years.

3. Each committee member shall be a resident of the state of Missouri for
one year, shall be a United States citizen, and shall, other than the
public member, have been licensed as a psychologist in this state for at
least three years. Committee members shall reflect a diversity of
practice specialties. To ensure adequate representation of the diverse
fields of psychology, the committee shall consist of at least two
psychologists who are engaged full time in the doctoral teaching and
training of psychologists, and at least two psychologists who are engaged
full time in the professional practice of psychology. In addition, the
first appointment to the committee shall include at least one
psychologist who shall be licensed on the basis of a master's degree who
shall serve a full term of five years. Nothing in sections 337.010 to
337.090 shall be construed to prohibit full membership rights on the
committee for psychologists licensed on the basis of a master's degree.
If a member of the committee shall, during the member's term as a
committee member, remove the member's domicile from the state of
Missouri, then the committee shall immediately notify the director of the
division, and the seat of that committee member shall be declared vacant.
All such vacancies shall be filled by appointment of the governor with
the advice and consent of the senate, and the member so appointed shall
serve for the unexpired term of the member whose seat has been declared
vacant.

4. The public member shall be at the time of the public member'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 pursuant to
sections 337.010 to 337.093 or the spouse of 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 sections
337.010 to 337.093, or an activity or organization directly related to
any profession licensed or regulated pursuant to sections 337.010 to
337.093. 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.

5. The committee shall hold a regular annual meeting at which it shall
select from among its members a chairperson and a secretary. A quorum of
the committee shall consist of a majority of its members. In the absence
of the chairperson, the secretary shall conduct the office of the
chairperson.

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

7. Staff for the committee shall be provided by the director of the
division of professional registration.

8. The governor may remove any member of the committee for misconduct,
inefficiency, incompetency, or neglect of office.

9. In addition to the powers set forth elsewhere in sections 337.010 to
337.090, the division may adopt rules and regulations, not otherwise
inconsistent with sections 337.010 to 337.090, to carry out the
provisions of sections 337.010 to 337.090. The committee may promulgate,
by rule, "Ethical Rules of Conduct" governing the practices of psychology
which rules shall be based upon the ethical principles promulgated and
published by the American Psychological Association.

10. 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
337.010 to 337.090, 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. All rulemaking authority delegated prior to August 28, 1998, is of
no force and effect and repealed as of August 28, 1998, however nothing
in this act shall be interpreted to repeal or affect the validity of any
rule adopted and promulgated prior to 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 act shall affect the
validity of any rule adopted and promulgated prior to August 28, 1998.

11. The committee may sue and be sued in its official name, and shall
have a seal which shall be affixed to all certified copies or records and
papers on file, and to such other instruments as the committee may
direct. All courts shall take judicial notice of such seal. Copies of
records and proceedings of the committee, and of all papers on file with
the division on behalf of the committee certified under the seal shall be
received as evidence in all courts of record.

12. When applying for a renewal of a license pursuant to section 337.030,
each licensed psychologist shall submit proof of the completion of at
least forty hours of continuing education credit within the two-year
period immediately preceding the date of the application for renewal of
the license. The type of continuing education to be considered shall
include, but not be limited to:

(1) Attending recognized educational seminars, the content of which are
primarily psychological, as defined by rule;

(2) Attending a graduate level course at a recognized educational
institution where the contents of which are primarily psychological, as
defined by rule;

(3) Presenting a recognized educational seminar, the contents of which
are primarily psychological, as defined by rule;

(4) Presenting a graduate level course at a recognized educational
institution where the contents of which are primarily psychological, as
defined by rule; and

(5) Independent course of studies, the contents of which are primarily
psychological, which have been approved by the committee and defined by
rule.

The committee shall determine by administrative rule the amount of
training, instruction, self-instruction or teaching that shall be counted
as an hour of continuing education credit. (L. 1977 H.B. 225 § 9, A.L.
1981 S.B. 200 merged with S.B. 16, A.L. 1989 H.B. 738 & 720, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3, A.L. 1996 S.B. 604, et al., A.L. 1998 H.B.
1601, et al., A.L. 1999 H.B. 343)

CROSS REFERENCE: Public member, additional duties, RSMo 620.132

Any communication made by any person to a licensed psychologist
in the course of professional services rendered by the licensed
psychologist shall be deemed a privileged communication and the licensed
psychologist shall not be examined or be made to testify to any
privileged communication without the prior consent of the person who
received his professional services. (L. 1977 H.B. 255 § 10)

Nothing in this chapter shall be construed as authorizing
persons licensed and registered as psychologists to engage in any manner
in the practice of medicine as defined in the laws of this state. (L.
1977 H.B. 255 § 11, A.L. 1981 S.B. 16)

1. Any person found guilty of violating any provision of
sections 337.010 to 337.090 is guilty of a class A misdemeanor and upon
conviction thereof shall be punished as provided by law.

2. All fees or other compensation received for services rendered in
violation of sections 337.010 to 337.090 shall be refunded.

3. The committee shall inquire as to any violation of any provision of
sections 337.010 to 337.090, and may institute actions for penalties
herein prescribed, and shall enforce generally the provisions of sections
337.010 to 337.090.

4. Any person, organization, association or corporation who reports or
provides information to the committee or the division pursuant to the
provisions of sections 337.010 to 337.090 and who does so in good faith
shall not be subject to an action for civil damages as a result thereof.

5. Upon application by the committee, the attorney general may on behalf
of the committee 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
337.010 to 337.090 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.

6. Any action brought pursuant to the provisions of this section shall be
commenced either in the county in which such conduct occurred or in the
county in which the defendant resides.

7. Any action brought under this section may be in addition to or in lieu
of any penalty provided by sections 337.010 to 337.090 and may be brought
concurrently with other actions to enforce sections 337.010 to 337.090.
(L. 1977 H.B. 255 § 12, A.L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720)

1. If the board finds merit to a complaint by an individual
incarcerated or under the care and control of the department of
corrections and takes further investigative action, no documentation may
appear on file or disciplinary action may be taken in regards to the
licensee's license unless the provisions of subsection 2 of section
337.035 have been violated. Any case file documentation that does not
result in the board filing an action pursuant to subsection 2 of section
337.035 shall be destroyed within three months after the final case
disposition by the board. No notification to any other licensing board in
another state or any national registry regarding any investigative action
shall be made unless the provisions of subsection 2 of section 337.035
have been violated.

2. Upon written request of the psychologist subject to a complaint, prior
to August 28, 1999, by an individual incarcerated or under the care and
control of the department of corrections that did not result in the board
filing an action pursuant to subsection 2 of section 337.035, the board
and the division of professional registration, shall in a timely fashion:

(1) Destroy all documentation regarding the complaint;

(2) Notify any other licensing board in another state or any national
registry regarding the board's actions if they have been previously
notified of the complaint; and

(3) Send a letter to the licensee that clearly states that the board
found the complaint to be unsubstantiated, that the board has taken the
requested action, and notify the licensee of the provisions of subsection
3 of this section.

3. Any person who has been the subject of an unsubstantiated complaint as
provided in subsection 1 or 2 of this section shall not be required to
disclose the existence of such complaint in subsequent applications or
representations relating to their psychology professions. (L. 1999 H.B.
343 § 337.068 codified as 337.750)

*Transferred 2002; formerly 337.750

No person who has been licensed by the committee as a
psychologist in this state shall be taxed or made liable to pay any
municipal or other corporation tax or license fee of any description
whatever for the privilege of following or carrying on such profession.
(L. 1977 H.B. 255 § 13, A.L. 1989 H.B. 738 & 720)

1. There is hereby established in the state treasury a fund to
be known as the "State Committee of Psychologists Fund". All fees of any
kind and character authorized under sections 337.010 to 337.090 to be
charged by the committee or division shall be collected by the director
of the division of professional registration and shall be transmitted to
the department of revenue for deposit in the state treasury for credit to
this fund. Such funds, upon appropriation, shall be disbursed only in
payment of expenses of maintaining the committee and for the enforcement
of the provisions of law concerning professions regulated by the
committee. No other money shall be paid out of the state treasury for
carrying out these provisions. Warrants shall be issued on the state
treasurer for payment out of the fund.

2. 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 two times the amount of the appropriation from
the committee's fund for the preceding fiscal year or, if the committee
requires by rule renewal less frequently than yearly then three times the
appropriation from the committee's 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 committee's fund for the preceding fiscal year.

3. All funds pertaining to the Missouri state committee of psychologists
deposited in the state treasury to the credit of the committee of
registration for the healing arts fund shall be transferred from that
fund to the state committee of psychologists fund by the division
director. (L. 1981 S.B. 16, A.L. 1989 H.B. 738 & 720, A.L. 2004 S.B. 1122)

The committee and division in issuing licenses and in publishing
the directory as provided in section 620.145, RSMo, shall not include or
list the degree upon which the license or certificate was issued. Any
person licensed on the basis of a master's degree who has then earned a
doctoral degree may use the title "doctor" or hold himself out in his
practice as a psychologist as having a doctoral degree so long as it is
from an accredited institution of higher education and so long as the
degree is relevant to the practice of psychology. (L. 1989 H.B. 738 & 720)

Nothing in the provisions of this act* is intended to repeal or
modify those provisions of sections 337.010 to 337.090, which provide for
the licensure of psychologists. (L. 1993 H.B. 564 § 31)

*"This act" (H.B. 564, 1993) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

As used in sections 337.500 to 337.540, unless the context
clearly requires otherwise, the following words and phrases mean:

(1) "Committee", the committee for professional counselors;

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

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

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

(5) "Licensed professional counselor", any person who offers to render
professional counseling services to individuals, groups, organizations,
institutions, corporations, government agencies or the general public for
a fee, monetary or otherwise, implying that the person is trained,
experienced, and licensed in counseling, and who holds a current, valid
license to practice counseling;

(6) "Practice of professional counseling", rendering, offering to render,
or supervising those who render to individuals, couples, groups,
organizations, institutions, corporations, schools, government agencies,
or the general public any counseling service involving the application of
counseling procedures, and the principles and methods thereof, to assist
in achieving more effective intrapersonal or interpersonal, marital,
decisional, social, educational, vocational, developmental, or
rehabilitative adjustments;

(7) "Professional counseling", includes, but is not limited to:

(a) The use of verbal or nonverbal counseling or both techniques,
methods, or procedures based on principles for assessing, understanding,
or influencing behavior (such as principles of learning, conditioning,
perception, motivation, thinking, emotions, or social systems);

(b) Appraisal or assessment, which means selecting, administering,
scoring, or interpreting instruments designed to assess a person's or
group's aptitudes, intelligence, attitudes, abilities, achievement,
interests, and personal characteristics;

(c) The use of referral or placement techniques or both which serve to
further the goals of counseling;

(d) Therapeutic vocational or personal or both rehabilitation in relation
to coping with or adapting to physical disability, emotional disability,
or intellectual disability or any combination of the three;

(e) Designing, conducting, and interpreting research;

(f) The use of group methods or techniques to promote the goals of
counseling;

(g) The use of informational and community resources for career,
personal, or social development;

(h) Consultation on any item in paragraphs (a) through (g) above; and

(i) No provision of sections 337.500 to 337.540, or of chapter 354 or
375, RSMo, shall be construed to mandate benefits or third-party
reimbursement for services of professional counselors in the policies or
contracts of any insurance company, health services corporation or other
third-party payer;

(8) "Provisional licensed professional counselor", any person who is a
graduate of an acceptable educational institution, as defined by division
rules, with at least a master's degree with a major in counseling, or its
equivalent, and meets all requirements of a licensed professional
counselor, other than the supervised counseling experience prescribed by
subdivision (1) of section 337.510, and who is supervised by a person who
is qualified for the practice of professional counseling. (L. 1985 S.B.
37 § 1, A.L. 1989 H.B. 738 & 720, A.L. 1996 S.B. 604, et al.)

No person shall use the title of "professional counselor",
"counselor" or "provisional licensed professional counselor" or engage in
the practice of professional counseling in this state unless the person
is licensed as required by the provisions of sections 337.500 to 337.540.
Sections 337.500 to 337.540 do not apply to:

(1) Any person registered, certificated or licensed by this state,
another state, or any recognized national certification agent, acceptable
to the committee, to practice any other occupation or profession while
rendering counseling service in the performance of the occupation or
profession for which the person is registered, certificated, or licensed,
including but not limited to physicians, psychologists and attorneys;

(2) School counselors, school administration personnel, or classroom
teachers, so long as they are performing their assigned duties within the
scope of their employment by a board of education or private school;

(3) Counselors in postsecondary educational institutions so long as they
are practicing within the scope of their employment;

(4) Student interns or trainees in counseling procedures pursuing a
course of study in counseling in an institution of higher education or
training institution if such activities and services constitute a part of
their course of study and provided that such persons are designated as
"counselor interns";

(5) Professionals employed by postsecondary educational institutions as
counselor educators so long as they are practicing counseling within the
scope of their employment;

(6) Duly ordained ministers or clergy or religious workers while
functioning in their ministerial capacity;

(7) Alcoholism counselors so long as they serve only individuals with
alcohol related concerns;

(8) Any nonresident temporarily employed in this state to render
counseling services for not more than thirty days in any year, if in the
opinion of the committee the person would qualify for a license pursuant
to the provisions of sections 337.500 to 337.540, and if the person holds
a license required for counselors in the person's home state or country;

(9) Duly accredited Christian Science practitioners, so long as they are
practicing within the scope of Christian Science principles;

(10) Counselors employed by the Missouri state department of elementary
and secondary education or the Missouri state bureau for the blind while
rendering counseling services in the performance of their state assigned
duties;

(11) Professionals employed by vocational and medical rehabilitation
facilities accredited by the commission on the accreditation of
rehabilitation facilities, the joint committee on accreditation of
hospitals or other agents acceptable to the committee while rendering
counseling services in the performance of their assigned duties, and so
long as they do not use the title of "counselor";

(12) Employees or volunteers of sheltered workshops who are providing
meaningful employment services for handicapped workers, so long as they
do not use the "counselor" title;

(13) Marital therapists or family therapists or both, certified by the
American Association of Marriage and Family Therapists or an agent
acceptable to the committee, and their supervisees, so long as they serve
only individuals with marital or family systems concerns, and, so long as
they do not use the titles of "counselor" or "counseling";

(14) Staff counselors employed by religious institutions in a religious
counseling ministries program;

(15) Drug abuse counselors certified by the department of mental health
as meeting standards in rules promulgated pursuant to section 630.655,
RSMo, certified by the Missouri substance abuse counselors certification
board, or by an agent acceptable to the committee, so long as such
counselors are practicing consistent with such standards, and they are
serving only individuals with drug-related concerns;

(16) Social workers, certified by the National Association of Social
Workers, Inc., or by an agent acceptable to the committee, or workers
under their supervision so long as they are doing work consistent with
their training and with a code of ethics of the social work profession,
and so long as they do not use the title of "professional counselor";

(17) Professionals in the employ of a governmental agency while rendering
services in the performance of their duties;

(18) Any person performing counseling, as defined in sections 337.500 to
337.540, without receiving compensation, monetary or otherwise, and so
long as they do not use the title of "professional counselor";

(19) Employment counselors and interviewers, personnel officers,
personnel analysts and consultants and related workers who in the normal
course of their duties and responsibilities as employees of this state
may engage in the screening, examination, assessment, referral or
selection of individuals for employment or for consideration for
employment;

(20) Counselors and employees of employee assistance programs which are
members of the Association of Labor-Management Administrators and
Consultants on Alcoholism, Inc., a Wisconsin corporation, or its
successors or such other accrediting body for EAP Programs acceptable to
the committee who provide evaluation, assessment, information, and
referral services so long as they are performing their assigned duties
within the scope of their employment; provided, however, that this
exemption shall not apply to individuals employed by employee assistance
programs who provide direct long-term therapy and counseling services, as
may be defined by regulation, so long as they do not use the title of
counselor or counseling;

(21) Individuals who are duly certified by the employee assistance
certification commission as administered by the Association of
Labor-Management Administrators and Consultants on Alcoholism, Inc., a
Wisconsin corporation, or its successor; so long as the individual is an
employee of a generally recognized employee assistance program and so
long as such individual is performing services within the scope of such
individual's employment and education;

(22) Weight loss or weight control consultants or advisors in recognized,
legitimate programs or business environments so long as they serve only
individuals or groups who have weight related concerns and discuss only
weight improvement issues and do not use the titles of "counselor" or
"counseling" without using an adjective which describes to the ordinary
person that the counseling is limited to weight loss or weight control;

(23) Activity therapists as certified or licensed by their respective
professional organizations including, but not limited to art, music,
dance, recreation, and occupation, and who have received certification or
licensure by their respective professional organizations by January 1,
1994, so long as they do not use the titles of "counselor" or
"counseling";

(24) Professionals certified by the American Board of Medical
Psychotherapists and who have received certification from the American
Board of Medical Psychotherapists by January 1, 1994, so long as they do
not use the titles of "counselor" or "counseling"; and

(25) Transactional analysts certified by the International Transactional
Analysis Association and who have received certification from the
International Transactional Analysis Association as a level one
transactional analyst, specializing in clinical application by January 1,
1994, so long as they do not use the titles of "counselor" or
"counseling"; or

(26) Any person with a doctoral degree in anthropology received on or
prior to December 31, 1989, and which was from an educational institution
accredited by one of the regional accrediting associations approved by
the council on postsecondary accreditation; provided further that said
individual has completed at least twenty-four months of supervised
clinical experience in psychotherapy under the supervision of a
physician. (L. 1985 S.B. 37 § 2, A.L. 1989 H.B. 738 & 720, A.L. 1996 S.B.
604, et al.)

1. Applications for examination and licensure as a professional
counselor shall be in writing, submitted to the division on forms
prescribed by the division and furnished to the applicant. The
application shall contain the applicant's statements showing his
education, experience and such other information as the division 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 registration renewal date. Failure to provide
the division with the information required for registration, or to pay
the registration fee after such notice shall effect a revocation of the
license after a period of sixty days from the registration renewal date.
The license shall be restored if, within two years of the registration
date, the applicant provides written application and the payment of the
registration fee and a delinquency fee.

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

4. The committee shall set the amount of the fees which sections 337.500
to 337.540 authorize and require by rules and regulations promulgated
pursuant to section 536.021, RSMo. The fees shall be set at a level to
produce revenue which shall not substantially exceed the cost and expense
of administering the provisions of sections 337.500 to 337.540. All fees
provided for in sections 337.500 to 337.540 shall be collected by the
director who shall deposit the same with the state treasurer in a fund to
be known as the "Committee of Professional Counselors Fund".

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 two times the amount of the appropriation from
the committee's fund for the preceding fiscal year or, if the committee
requires by rule renewal less frequently than yearly then three times the
appropriation from the committee's 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 committee's fund for the preceding fiscal year.

6. The committee shall hold public examinations at least two times per
year, at such times and places as may be fixed by the committee, notice
of such examinations to be given to each applicant at least ten days
prior thereto. (L. 1985 S.B. 37 § 3, A.L. 1989 H.B. 738 & 720, A.L. 2004
S.B. 1122)

1. Each applicant for licensure as a professional counselor
shall furnish evidence to the committee that:

(1) The applicant has met any one of the three following
education-experience requirements:

(a) The applicant has received a doctoral degree with a major in
counseling, or its equivalent, from an acceptable educational
institution, as defined by division rules, and has completed at least one
year of acceptable supervised counseling experience subsequent to receipt
of the doctoral degree; or

(b) The applicant has received a specialist's degree with a major in
counseling, or its equivalent, from an acceptable educational
institution, as defined by division rules, and has completed at least one
year of acceptable supervised counseling experience subsequent to receipt
of the specialist's degree; or

(c) The applicant has received at least a master's degree with a major in
counseling, or its equivalent, from an acceptable educational institution
as defined by division rules, and has completed two years of acceptable
supervised counseling experience subsequent to receipt of the master's
degree. An applicant may substitute thirty semester hours of
post-master's graduate study, or their equivalent, for one of the two
required years of acceptable supervised counseling experience, if such
hours are clearly related to the field of professional counseling and are
earned from an acceptable educational institution;

(2) After August 28, 2007, each applicant shall have completed a minimum
of three hours of graduate level coursework in diagnostic systems in the
curriculum leading to his or her degree;

(3) Upon examination, the applicant is possessed of requisite knowledge
of the profession, including techniques and applications, research and
its interpretation, and professional affairs and ethics.

2. A licensed professional counselor who has had no violations and no
suspensions and no revocation of a license to practice professional
counseling in any jurisdiction may receive a license in Missouri provided
said licensed professional counselor passes a written examination on
Missouri laws and regulations governing the practice of professional
counseling as defined in section 337.500, and meets one of the following
criteria:

(1) Is a member in good standing and holds a certification from the
National Board for Certified Counselors;

(2) Is currently licensed or certified as a licensed professional
counselor in another state, territory of the United States, or the
District of Columbia; and

(a) Meets one of the educational standards set forth in paragraphs (a)
and (b) of subdivision (1) of subsection 1 of this section;

(b) Has been licensed for the preceding five years; and

(c) Has had no disciplinary action taken against the license for the
preceding five years; or

(3) Is currently licensed or certified as a professional counselor in
another state, territory of the United States, or the District of
Columbia that extends like privileges for reciprocal licensing or
certification to persons licensed by this state with similar
qualifications.

3. Any person who previously held a valid unrevoked, unsuspended license
as a professional counselor in this state and who held a valid license in
another state at the time of application to the committee shall be
granted a license to engage in professional counseling in this state upon
application to the committee accompanied by the appropriate fee as
established by the committee pursuant to section 337.507.

4. The committee shall issue a license to each person who files an
application and fee as required by the provisions of sections 337.500 to
337.540 and who furnishes evidence satisfactory to the committee that the
applicant has complied with the provisions of subdivisions (1) and (2) of
subsection 1 of this section or with the provisions of subsection 2 or 3
of this section. The division shall issue a provisional professional
counselor license to any applicant who meets all requirements of
subdivisions (1) and (2) of subsection 1 of this section, but who has not
completed the required one or two years of acceptable supervised
counseling experience required by paragraphs (a) to (c) of subdivision
(1) of subsection 1 of this section, and such applicant may reapply for
licensure as a professional counselor upon completion of such acceptable
supervised counseling experience.

5. All persons licensed to practice professional counseling in this state
shall pay on or before the license renewal date a renewal license fee and
shall furnish to the committee satisfactory evidence of the completion of
the requisite number of hours of continuing education, which shall be no
more than forty hours biennially. The continuing education requirements
may be waived by the committee upon presentation to the committee of
satisfactory evidence of the illness of the licensee or for other good
cause. (L. 1985 S.B. 37 § 4, A.L. 1989 H.B. 738 & 720, A.L. 1996 S.B.
604, et al., A.L. 2001 S.B. 357, A.L. 2004 H.B. 1195, A.L. 2005 H.B. 600
merged with S.B. 347)

Each license issued pursuant to the provisions of sections
337.500 to 337.540 shall expire on the renewal date. The division shall
renew any license upon application for renewal and upon payment of the
fee established by the committee pursuant to the provisions of section
337.507. (L. 1985 S.B. 37 § 5, A.L. 1989 H.B. 738 & 720)

1. The division shall promulgate rules and regulations
pertaining to:

(1) The form and content of license applications required by the
provisions of sections 337.500 to 337.540 and the procedures for filing
an application for an initial or renewal license in this state;

(2) Fees required by the provisions of sections 337.500 to 337.540;

(3) The content, conduct and administration of the licensing examination
required by section 337.510;

(4) The characteristics of "acceptable supervised counseling experience"
as that term is used in section 337.510;

(5) The equivalent of the basic educational requirements set forth in
section 337.510;

(6) The standards and methods to be used in assessing competency as a
professional counselor;

(7) Establishment and promulgation of procedures for investigating,
hearing and determining grievances and violations occurring under the
provisions of sections 337.500 to 337.540;

(8) Development of an appeal procedure for the review of decisions and
rules of administrative agencies existing under the constitution or laws
of this state;

(9) Establishment of a policy and procedure for reciprocity with other
states, including states which do not have counselor licensing laws or
states whose licensing laws are not substantially the same as those of
this state;

(10) The characteristics of "an acceptable educational institution" as
that term is used in section 337.510;

(11) The characteristics of an acceptable agent for the certification of
an exempted occupation as listed in subdivisions (11) and (13) of section
337.505; and

(12) The form and content of "ethical standards for counselors" as that
term is used in subdivision (15) of subsection 2 of section 337.525.

2. No rule or portion of a rule promulgated under the authority of
sections 337.500 to 337.545 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1985
S.B. 37 § 6, A.L. 1989 H.B. 738 & 720, A.L. 1993 S.B. 52, A.L. 1995 S.B.
3)

1. The committee may refuse to issue or renew any license
required by the provisions of sections 337.500 to 337.540 for one or any
combination of causes 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 his right to file a complaint
with the administrative hearing commission as provided by chapter 621,
RSMo.

2. 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 required by sections 337.500 to 337.540
or any person who has failed to renew or has surrendered his license for
any one or any combination of the following causes:

(1) 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 engage in the occupation of professional counselor;

(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 a professional
counselor; 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
license issued pursuant to the provisions of sections 337.500 to 337.540
or in obtaining permission to take any examination given or required
pursuant to the provisions of sections 337.500 to 337.540;

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

(5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in
the performance of the functions or duties of a professional counselor;

(6) Violation of, or assisting or enabling any person to violate, any
provision of sections 337.500 to 337.540, or of any lawful rule or
regulation adopted pursuant to sections 337.500 to 337.540;

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

(8) Revocation or suspension of a license or other right to practice
counseling 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 incapacitated by a court of competent
jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice
professional counseling who is not licensed and currently eligible to
practice under the provisions of sections 337.500 to 337.540;

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

(12) Failure to display a valid license if so required by sections
337.500 to 337.540 or any rule promulgated hereunder;

(13) Violation of any professional trust or confidence;

(14) 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;

(15) Being guilty of unethical conduct as defined in the ethical
standards for counselors adopted by the division and filed with the
secretary of state.

3. Any person, organization, association or corporation who reports or
provides information to the committee pursuant to the provisions of this
chapter 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 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
committee may 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. (L. 1985 S.B. 37 § 7, A.L.
1989 H.B. 738 & 720)

1. Violation of any provision of sections 337.500 to 337.540
shall be a class B misdemeanor.

2. All fees or other compensation received for services rendered in
violation of sections 337.500 to 337.540 shall be refunded.

3. The department may sue in its own name in any court in this state. The
department shall inquire diligently as to any violation of sections
337.500 to 337.540, shall institute actions for penalties herein
prescribed, and shall enforce generally the provisions of sections
337.500 to 337.540.

4. Upon application by the committee, the attorney general may on behalf
of the committee 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 this
chapter 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 the provisions of this section shall be
commenced either in the county in which such conduct occurred or in the
county in which the defendant resides.

6. Any action brought under this section may be in addition to or in lieu
of any penalty provided by this chapter and may be brought concurrently
with other actions to enforce this chapter. (L. 1985 S.B. 37 § 8, A.L.
1989 H.B. 738 & 720)

1. There is hereby established the "Committee for Professional
Counselors" which shall guide, advise, and make recommendations to the
division and fulfill other responsibilities designated by this chapter.
The committee shall approve the examination required by section 337.510
and shall assist the division in carrying out the provisions of sections
337.500 to 337.540.

2. 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 hereinafter,
shall be licensed as a professional counselor by this state. Beginning
with the appointments made after August 28, 1992, 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. Not more than two
counselor educators shall be members of the committee at the same time.
The president of the American Counseling Association of Missouri in
office at the time shall, at least ninety days prior to the expiration of
the term of the committee member, other than the public member, or as
soon as feasible after the vacancy on the committee otherwise occurs,
submit to the director of the division of professional registration a
list of five professional counselors 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 American Counseling 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.

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. Each member of the committee shall receive as compensation, an amount
set by the committee not to exceed fifty dollars for each day devoted to
the affairs of the committee, and shall be reimbursed for necessary and
actual expenses incurred in the performance of his or her official
duties. All staff for the committee shall be provided by the division.

5. 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 must 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.

6. The governor may remove a committee member for misconduct,
incompetency or neglect of his or her official duties after giving the
committee member written notice of the charges against the committee
member and an opportunity to be heard thereon.

7. The public member shall be at the time of his or her 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 pursuant to sections
337.500 to 337.540 or the spouse of 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 sections 337.500 to
337.540, or an activity or organization directly related to any
profession licensed or regulated pursuant to sections 337.500 to 337.540.
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. 1985
S.B. 37 § 9, A.L. 1989 H.B. 738 & 720, A.L. 1992 H.B. 1593 merged with
S.B. 804, A.L. 1999 H.B. 343)

Any communication made by any person to a licensed professional
counselor in the course of professional services rendered by the licensed
professional counselor shall be deemed a privileged communication and the
licensed professional counselor shall not be examined or be made to
testify to any privileged communication without the prior consent of the
person who received his professional services, except in violation of the
criminal law. (L. 1985 S.B. 37 § 10)

Effective 1-1-86 (S.B. 37 § 11, 1985)

As used in sections 337.600 to 337.689, the following terms mean:

(1) "Clinical social work", the application of methods, principles, and
techniques of case work, group work, client-centered advocacy, community
organization, administration, planning, evaluation, consultation,
research, psychotherapy and counseling methods and techniques to persons,
families and groups in assessment, diagnosis, treatment, prevention and
amelioration of mental and emotional conditions;

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

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

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

(5) "Independent practice", any practice of social workers outside of an
organized setting such as a social, medical, or governmental agency in
which a social worker assumes responsibility and accountability for
services required;

(6) "Licensed clinical social worker", any person who offers to render
services to individuals, groups, organizations, institutions,
corporations, government agencies or the general public for a fee,
monetary or otherwise, implying that the person is trained, experienced,
and licensed as a clinical social worker, and who holds a current, valid
license to practice as a clinical social worker;

(7) "Practice of clinical social work", rendering, offering to render, or
supervising those who render to individuals, couples, groups,
organizations, institutions, corporations, or the general public any
service involving the application of methods, principles, and techniques
of clinical social work;

(8) "Provisional licensed clinical social worker", any person who is a
graduate of an accredited school of social work and meets all
requirements of a licensed clinical social worker, other than the
supervised clinical social work experience prescribed by subdivision (2)
of subsection 1 of section 337.615, and who is supervised by a person who
is qualified to practice clinical social work, as defined by rule;

(9) "Social worker", any individual that has:

(a) Received a baccalaureate or master's degree in social work from an
accredited social work program approved by the council on social work
education;

(b) Received a doctorate or Ph.D. in social work; or

(c) A current baccalaureate or clinical social worker license as set
forth in sections 337.600 to 337.689. (L. 1989 H.B. 738 & 720 § 1, A.L.
1995 S.B. 69, et al., A.L. 2003 H.B. 332, A.L. 2005 S.B. 177)

No person shall use the title of "licensed clinical social
worker", "clinical social worker" or "provisional licensed clinical
social worker" and engage in the practice of clinical social work in this
state unless the person is licensed as required by the provisions of
sections 337.600 to 337.639. Only individuals who are licensed clinical
social workers shall practice clinical social work. Sections 337.600 to
337.639 shall not apply to:

(1) Any person registered, certificated, or licensed by this state,
another state, or any recognized national certification agent acceptable
to the committee to practice any other occupation or profession while
rendering services similar in nature to clinical social work in the
performance of the occupation or profession which the person is
registered, certificated, or licensed; and

(2) The practice of any social worker who is employed by any agency or
department of the state of Missouri while discharging the person's duties
in that capacity. (L. 1989 H.B. 738 & 720 § 2, A.L. 1995 S.B. 69, et al.,
A.L. 1997 S.B. 246, A.L. 2005 S.B. 177)

1. No person shall hold himself or herself out to be a "social
worker" unless such person has:

(1) Received a baccalaureate or master's degree in social work from an
accredited social work program approved by the council on social work
education;

(2) Received a doctorate or Ph.D. in social work; or

(3) A current baccalaureate or clinical social worker license as set
forth in sections 337.600 to 337.689.

2. No government entities, public or private agencies or organizations in
the state shall use the title "social worker" or any form of the title
for volunteer or employment positions or within contracts for services,
documents, manuals, or reference material effective January 1, 2004,
unless the volunteers or employees in those positions meet the criteria
set forth in subdivision (8) of section 337.600 or subsection 1 of this
section. (L. 2003 H.B. 332)

For a period of twenty-four months from July 1, 1990, applicants
for licensure shall be exempted from the academic requirements of
sections 337.600 to 337.639 if the committee is satisfied that the
applicant has acceptable educational qualifications, or social work
experience, or is currently engaged in the practice of clinical social
work. After that time no person shall engage in clinical social work
practice for compensation or hold himself or herself out as a licensed
clinical social worker unless the person is licensed in accordance with
the provisions of sections 337.600 to 337.639. (L. 1989 H.B. 738 & 720 §
3, A.L. 1997 S.B. 246)

No provision of sections 337.600 to 337.639 shall be construed
to require any agency, corporation, or organization, not otherwise
required by law, to employ licensed clinical social workers. (L. 1989
H.B. 738 & 720 § 4)

Effective 7-1-90

1. Applications for licensure as a clinical social worker shall
be in writing, submitted to the committee on forms prescribed by the
committee 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 committee shall mail a renewal notice to the last known address of
each licensee prior to the licensure renewal date. Failure to provide the
committee with the information required for licensure, or to pay the
licensure fee after such notice shall effect a revocation of the license
after a period of sixty days from the licensure renewal date. The license
shall be restored if, within two years of the licensure date, the
applicant provides written application and the payment of the licensure
fee and a delinquency fee.

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

4. The committee shall set the amount of the fees which sections 337.600
to 337.639 authorize and require by rules and regulations promulgated
pursuant to section 536.021, RSMo. The fees shall be set at a level to
produce revenue which shall not substantially exceed the cost and expense
of administering the provisions of sections 337.600 to 337.639. All fees
provided for in sections 337.600 to 337.639 shall be collected by the
director who shall deposit the same with the state treasurer in a fund to
be known as the "Clinical Social Workers Fund".

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 two times the amount of the appropriations from
the clinical social workers fund for the preceding fiscal year or, if the
committee requires by rule renewal less frequently than yearly, then
three times the appropriation from the committee's 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 clinical social workers fund for the preceding
fiscal year. (L. 1989 H.B. 738 & 720 § 5, A.L. 1997 S.B. 246, A.L. 2001
H.B. 567)

1. Each applicant for licensure as a clinical social worker
shall furnish evidence to the committee that:

(1) The applicant has a master's degree from a college or university
program of social work accredited by the council of social work education
or a doctorate degree from a school of social work acceptable to the
committee;

(2) The applicant has completed three thousand hours of supervised
clinical experience with a licensed clinical social worker acceptable to
the committee, as defined by rule, in no less than twenty-four months and
no more than forty-eight consecutive calendar months;

(3) The applicant has achieved a passing score, as defined by the
committee, on an examination approved by the committee. The eligibility
requirements for such examination shall be promulgated by rule of the
committee;

(4) The applicant is at least eighteen years of age, is of good moral
character, is a United States citizen or has status as a legal resident
alien, and has not been convicted of a felony during the ten years
immediately prior to application for licensure.

2. A licensed clinical social worker who has had no violations and no
suspensions and no revocation of a license to practice clinical social
work in any jurisdiction may receive a license in Missouri provided said
clinical social worker passes a written examination and meets one of the
following criteria:

(1) Is currently licensed or certified as a licensed clinical social
worker in another state, territory of the United States, or the District
of Columbia; and

(a) Who has received a masters or doctoral degree from a college or
university program of social work accredited by the council of social
work education;

(b) Has been licensed for the preceding five years; and

(c) Has had no disciplinary action taken against the license for the
preceding five years; or

(2) Is currently licensed or certified as a clinical social worker in
another state, territory of the United States, or the District of
Columbia that extends like privileges for reciprocal licensing or
certification to persons licensed by this state with similar
qualifications.

3. The committee shall issue a license to each person who files an
application and fee as required by the provisions of sections 337.600 to
337.639 and who furnishes evidence satisfactory to the committee that the
applicant has complied with the provisions of subdivisions (1) to (4) of
subsection 1 of this section or with the provisions of subsection 2 of
this section. The committee shall issue a provisional clinical social
worker license to any applicant who meets all requirements of
subdivisions (1), (3) and (4) of subsection 1 of this section, but who
has not completed the twenty-four months of supervised clinical
experience required by subdivision (2) of subsection 1 of this section,
and such applicant may reapply for licensure as a clinical social worker
upon completion of the twenty-four months of supervised clinical
experience. (L. 1989 H.B. 738 & 720 § 6, A.L. 1995 S.B. 69, et al., A.L.
1997 S.B. 246, A.L. 2001 H.B. 567, A.L. 2004 H.B. 1195 merged with S.B.
1122, A.L. 2005 S.B. 177)

Each license issued pursuant to the provisions of sections
337.600 to 337.639 shall expire on a renewal date established by the
director. The term of licensure shall be twenty-four months. The
committee shall require a minimum number of thirty clock hours of
continuing education for renewal of a license issued pursuant to sections
337.600 to 337.639. The committee shall renew any license, other than a
provisional license, upon application for a renewal, completion of the
required continuing education hours and upon payment of the fee
established by the committee pursuant to the provisions of section
337.612. As provided by rule, the board may waive or extend the time
requirements for completion of continuing education for reasons related
to health, military service, foreign residency, or for other good cause.
All requests for waivers or extensions of time shall be made in writing
and submitted to the board before the renewal date. (L. 1989 H.B. 738 &
720 § 7, A.L. 1997 S.B. 246, A.L. 2001 H.B. 567, A.L. 2005 S.B. 177)

The committee may issue temporary permits to practice under
extenuating circumstances as determined by the committee and defined by
rule. (L. 1989 H.B. 738 & 720 § 8, A.L. 1997 S.B. 246)

1. There is hereby established the "State Committee for Social
Workers", which shall guide, advise, and make recommendations to the
division and fulfill other responsibilities designated by sections
337.600 to 337.649 and sections 337.650 to 337.689. The committee shall
approve any examination required by sections 337.600 to 337.649 and
sections 337.650 to 337.689 and shall assist the division in carrying out
the provisions of sections 337.600 to 337.649 and sections 337.650 to
337.689.

2. The committee shall consist of nine members, including a 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. The committee shall consist of six licensed
clinical social workers, two licensed baccalaureate social workers and
one voting public member. At least two committee members shall be
involved in the private practice of clinical social work. Any person who
is a member of any clinical social worker advisory committee appointed by
the director of the division of professional registration shall be
eligible for appointment to the state committee for social work on August
28, 1997. The governor shall endeavor to appoint members from different
geographic regions of the state and with regard to the pattern of
distribution of social workers in the state. The term of office for
committee members shall be four years and no committee member shall serve
more than ten years. Of the members first appointed, the governor shall
appoint three members, one of whom shall be the public member, whose
terms shall be four years; three members whose terms shall be three
years; two members whose terms shall be two years; and one member whose
term shall be one year. The president of the National Association of
Social Workers Missouri Chapter in office at the time shall, at least
ninety days prior to the expiration of a term of a member of a clinical
social worker or baccalaureate social worker committee member or as soon
as feasible after a vacancy on the committee otherwise occurs, submit to
the director of the division of professional registration a list of five
clinical social workers qualified or five baccalaureate social workers
and willing to fill the vacancy in question, with the request and
recommendation that the governor appoint one of the five persons in each
category so listed, and with the list so submitted, the president of the
National Association of Social Workers Missouri Chapter shall include in
his or her letter of transmittal a description of the method by which the
names were chosen by that association.

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. Notwithstanding any other provision of law to the contrary, any
appointed member of the committee shall receive as compensation an amount
established by the director of the division of professional registration
not to exceed seventy dollars per day for committee business plus each
member of the committee shall be reimbursed for necessary and actual
expenses incurred in the performance of the member's official duties. The
director of the division of professional registration shall establish by
rule guidelines for payment. All staff for the committee shall be
provided by the division.

5. The committee shall hold an annual meeting at which it shall elect
from its membership a chairperson and a secretary. The committee may hold
such additional meetings as may be required in the performance of its
duties, provided that notice of every meeting must 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 members.

6. The governor may remove a committee member for misconduct,
incompetency or neglect of the member's official duties after giving the
committee member written notice of the charges against such member and an
opportunity to be heard thereon.

7. The public member shall be at the time of such member'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 pursuant to sections
337.600 to 337.649 or sections 337.650 to 337.689, or the spouse of 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 sections 337.600 to 337.649 or sections 337.650 to 337.689,
or an activity or organization directly related to any profession
licensed or regulated pursuant to sections 337.600 to 337.649. 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. 1997 S.B. 246,
A.L. 1999 H.B. 343, A.L. 2001 H.B. 567)

1. No part of this section or of chapter 354 or 375, RSMo, shall
be construed to mandate benefits or third-party reimbursement for
services of social workers in the policies or contracts of any insurance
company, health services corporation, or other third-party payer.

2. This section shall not be construed to effect procedures for billing
for social work services provided by agencies, corporations, or
organizations which employ licensed social workers. (L. 1989 H.B. 738 &
720 § 9)

Effective 7-1-90

1. The committee shall promulgate rules and regulations
pertaining to:

(1) The form and content of license applications required by the
provisions of sections 337.600 to 337.639 and the procedures for filing
an application for an initial or renewal license in this state;

(2) Fees required by the provisions of sections 337.600 to 337.639;

(3) The characteristics of "supervised clinical experience" as that term
is used in section 337.615;

(4) The standards and methods to be used in assessing competency as a
licensed clinical social worker;

(5) Establishment and promulgation of procedures for investigating,
hearing and determining grievances and violations occurring pursuant to
the provisions of sections 337.600 to 337.639;

(6) Development of an appeal procedure for the review of decisions and
rules of administrative agencies existing pursuant to the constitution or
laws of this state;

(7) Establishment of a policy and procedure for reciprocity with other
states, including states which do not have clinical social worker
licensing laws or states whose licensing laws are not substantially the
same as those of this state; and

(8) Any other policies or procedures necessary to the fulfillment of the
requirements of sections 337.600 to 337.639.

2. No rule or portion of a rule promulgated pursuant to the authority of
sections 337.600 to 337.639 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1989
H.B. 738 & 720 § 10, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 S.B.
246)

1. The committee may refuse to issue or renew any license
required by the provisions of sections 337.600 to 337.639 for one or any
combination of causes 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 applicant's right to file a
complaint with the administrative hearing commission as provided by
chapter 621, RSMo.

2. 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 required by sections 337.600 to 337.639
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 any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent that such use impairs a person's ability
to engage in the occupation of clinical social work; except that the fact
that a person has undergone treatment for past substance or alcohol abuse
and/or has participated in a recovery program, shall not by itself be
cause for refusal to issue or renew a license;

(2) 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 a
clinical social worker; 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
license issued pursuant to the provisions of sections 337.600 to 337.639
or in obtaining permission to take any examination given or required
pursuant to the provisions of sections 337.600 to 337.639;

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

(5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in
the performance of the functions or duties of a clinical social worker;

(6) Violation of, or assisting or enabling any person to violate, any
provision of sections 337.600 to 337.639, or of any lawful rule or
regulation adopted pursuant to sections 337.600 to 337.639;

(7) Impersonation of any person holding a license or allowing any person
to use the person's license or diploma from any school;

(8) Revocation or suspension of a license or other right to practice
clinical social work granted by another state, territory, federal agency
or country upon grounds for which revocation or suspension is authorized
in this state;

(9) Final adjudication as incapacitated by a court of competent
jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice
clinical social work who is not licensed and currently eligible to
practice pursuant to the provisions of sections 337.600 to 337.639;

(11) Obtaining a license based upon a material mistake of fact;

(12) Failure to display a valid license if so required by sections
337.600 to 337.639 or any rule promulgated hereunder;

(13) Violation of any professional trust or confidence;

(14) 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;

(15) Being guilty of unethical conduct as defined in the ethical
standards for clinical social workers adopted by the committee by rule
and filed with the secretary of state.

3. Any person, organization, association or corporation who reports or
provides information to the committee pursuant to the provisions of
sections 337.600 to 337.639 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 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
committee may 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. (L. 1989 H.B. 738 & 720 §
11, A.L. 1997 S.B. 246)

1. Violation of any provision of sections 337.600 to 337.689
shall be a class B misdemeanor.

2. All fees or other compensation received for services which are
rendered in violation of sections 337.600 to 337.689 shall be refunded.

3. The department on behalf of the committee may sue in its own name in
any court in this state. The department shall inquire as to any
violations of sections 337.600 to 337.689, may institute actions for
penalties herein prescribed, and shall enforce generally the provisions
of sections 337.600 to 337.689.

4. Upon application by the committee, the attorney general may on behalf
of the committee 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 of business authorized by a certificate of
registration or authority, permit or license issued pursuant to sections
337.600 to 337.689 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 the provisions of this section shall be
commenced either in the county in which such conduct occurred or in the
county in which the defendant resides.

6. Any action brought pursuant to this section may be in addition to or
in lieu of any penalty provided by this act and may be brought
concurrently with other actions to enforce the provisions of sections
337.600 to 337.689. (L. 1989 H.B. 738 & 720 § 12, A.L. 1997 S.B. 246,
A.L. 2003 H.B. 332)

Persons licensed under the provisions of sections 337.600 to
337.639 may not disclose any information acquired from persons consulting
them in their professional capacity, or be compelled to disclose such
information except:

(1) With the written consent of the client, or in the case of the
client's death or disability, the client's personal representative or
other person authorized to sue, or the beneficiary of an insurance policy
on the client's life, health or physical condition;

(2) When such information pertains to a criminal act;

(3) When the person is a child under the age of eighteen years and the
information acquired by the licensee indicated that the child was the
victim of a crime;

(4) When the person waives the privilege by bringing charges against the
licensee;

(5) When the licensee is called upon to testify in any court or
administrative hearings concerning matters of adoption, adult abuse,
child abuse, child neglect, or other matters pertaining to the welfare of
clients of the licensee; or

(6) When the licensee is collaborating or consulting with professional
colleagues or an administrative superior on behalf of the client. (L.
1989 H.B. 738 & 720 § 13)

Effective 7-1-90

Nothing in sections 337.600 to 337.639 shall be construed to
prohibit any person licensed under the provisions of sections 337.600 to
337.639 from testifying in court hearings concerning matters of adoption,
adult abuse, child abuse, child neglect, or other matters pertaining to
the welfare of children or any dependent person, or from seeking
collaboration or consultation with professional colleagues or
administrative supervisors on behalf of the client. (L. 1989 H.B. 738 &
720 § 14)

Effective 7-1-90

No official, employee, board, commission, or agency of the state
of Missouri, any county, any municipality, any school district, or any
other political subdivision shall discriminate between persons licensed
under sections 337.600 to 337.689, when promulgating regulations or when
requiring or recommending services that legally may be performed by
persons licensed under sections 337.600 to 337.689. (L. 2004 S.B. 1122)

As used in sections 337.650 to 337.689, the following terms mean:

(1) "Committee", the state committee for social work established in
section 337.622;

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

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

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

(5) "Licensed baccalaureate social worker", any person who offers to
render services to individuals, groups, organizations, institutions,
corporations, government agencies or the general public for a fee,
monetary or otherwise, implying that the person is trained, experienced
and licensed as a baccalaureate social worker, and who holds a current
valid license to practice as a baccalaureate social worker;

(6) "Practice of baccalaureate social work", rendering, offering to
render or supervising those who render to individuals, families, groups,
organizations, institutions, corporations or the general public any
service involving the application of methods, principles, and techniques
of baccalaureate social work;

(7) "Provisional licensed baccalaureate social worker", any person who is
a graduate of an accredited school of social work and meets all
requirements of a licensed baccalaureate social worker, other than the
supervised baccalaureate social work experience prescribed by subdivision
(3) of subsection 1 of section 337.665, and who is supervised by a
licensed clinical social worker or a licensed baccalaureate social
worker, as defined by rule. (L. 2001 H.B. 567)

1. No person shall use the title of "licensed baccalaureate
social worker" or "provisional licensed baccalaureate social worker" and
engage in the practice of baccalaureate social work in this state unless
the person is licensed as required by the provisions of sections 337.650
to 337.689.

2. A licensed baccalaureate social worker shall be deemed qualified to
practice the following:

(1) Engage in assessment and evaluation from a generalist perspective,
excluding the diagnosis and treatment of mental illness and emotional
disorders;

(2) Conduct basic data gathering of records and social problems of
individuals, groups, families and communities, assess such data, and
formulate and implement a plan to achieve specific goals;

(3) Serve as an advocate for clients, families, groups or communities for
the purpose of achieving specific goals;

(4) Counsel, excluding psychotherapy; however, counseling shall be
defined as providing support, direction, and guidance to clients by
assisting them in successfully solving complex social problems;

(5) Perform crisis intervention, screening and resolution, excluding the
use of psychotherapeutic techniques;

(6) Be a community supporter, organizer, planner or administrator for a
social service program;

(7) Conduct crisis planning ranging from disaster relief planning for
communities to helping individuals prepare for the death or disability of
family members;

(8) Inform and refer clients to other professional services;

(9) Perform case management and outreach, including but not limited to
planning, managing, directing or coordinating social services; and

(10) Engage in the training and education of social work students from an
accredited institution and supervise other licensed baccalaureate social
workers.

3. A licensed baccalaureate social worker may engage in the independent
practice of baccalaureate social work as defined in subdivision (6) of
section 337.650 and subdivisions (1) to (10) of subsection 2 of this
section. (L. 2001 H.B. 567, A.L. 2005 S.B. 177)

No provision of sections 337.650 to 337.689 shall be construed
to require any agency, corporation or organization, not otherwise
required by law, to employ licensed baccalaureate social workers. (L.
2001 H.B. 567)

1. Applications for licensure as a baccalaureate social worker
shall be in writing, submitted to the committee on forms prescribed by
the committee 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 committee shall mail a renewal notice to the last known address of
each licensee prior to the licensure renewal date. Failure to provide the
committee with the information required for licensure, or to pay the
licensure fee after such notice shall effect a revocation of the license
after a period of sixty days from the licensure renewal date. The license
shall be restored if, within two years of the licensure date, the
applicant provides written application and the payment of the licensure
fee and a delinquency fee.

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

4. The committee shall set the amount of the fees which sections 337.650
to 337.689 authorize and require by rules and regulations promulgated
pursuant to chapter 536, RSMo. The fees shall be set at a level to
produce revenue which shall not substantially exceed the cost and expense
of administering the provisions of sections 337.650 to 337.689. All fees
provided for in sections 337.650 to 337.689 shall be collected by the
director who shall deposit the same with the state treasurer in the
clinical social workers fund established in section 337.612. (L. 2001
H.B. 567)

1. Each applicant for licensure as a baccalaureate social worker
shall furnish evidence to the committee that:

(1) The applicant has a baccalaureate degree in social work from an
accredited social work degree program approved by the council of social
work education;

(2) The applicant has achieved a passing score, as defined by the
committee, on an examination approved by the committee. The eligibility
requirements for such examination shall be determined by the state
committee for social work;

(3) The applicant has completed three thousand hours of supervised
baccalaureate experience with a licensed clinical social worker or
licensed baccalaureate social worker in no less than twenty-four and no
more than forty-eight consecutive calendar months;

(4) The applicant is at least eighteen years of age, is of good moral
character, is a United States citizen or has status as a legal resident
alien, and has not been convicted of a felony during the ten years
immediately prior to application for licensure;

(5) The applicant has submitted a written application on forms prescribed
by the state board;

(6) The applicant has submitted the required licensing fee, as determined
by the division.

2. Any applicant who answers in the affirmative to any question on the
application that relates to possible grounds for denial of licensure
pursuant to section 337.680 shall submit a sworn affidavit setting forth
in detail the facts which explain such answer and copies of appropriate
documents related to such answer.

3. Any person holding a valid unrevoked and unexpired license,
certificate or registration from another state or territory of the United
States having substantially the same requirements as this state for
baccalaureate social workers may be granted a license to engage in the
person's occupation in this state upon application to the committee
accompanied by the appropriate fee as established by the committee
pursuant to section 337.662.

4. The committee shall issue a license to each person who files an
application and fee as required by the provisions of sections 337.650 to
337.689 and who furnishes evidence satisfactory to the committee that the
applicant has complied with the provisions of subsection 1 of this
section or with the provisions of subsection 2 of this section. The
committee shall issue a one-time provisional baccalaureate social worker
license to any applicant who meets all requirements of subdivisions (1),
(2), (4), (5) and (6) of subsection 1 of this section, but who has not
completed the supervised baccalaureate experience required by subdivision
(3) of subsection 1 of this section, and such applicant may apply for
licensure as a baccalaureate social worker upon completion of the
supervised baccalaureate experience. (L. 2001 H.B. 567, A.L. 2004 S.B.
1122)

The term of each license issued pursuant to the provisions of
sections 337.650 to 337.689 shall be no less than twenty-four and no more
than forty-eight consecutive calendar months. All licensees shall
annually complete fifteen hours of continuing education units. The
committee shall renew any license, other than a provisional license, upon
application for a renewal, submission of documentation of the completion
of the required annual hours of continuing education and payment of the
fee established by the committee pursuant to the provisions of section
337.662. (L. 2001 H.B. 567)

The committee may issue temporary permits to practice under
extenuating circumstances as determined by the committee and defined by
rule. (L. 2001 H.B. 567)

No part of this section or of chapter 354 or 375, RSMo, shall be
construed to mandate benefits or third-party reimbursement for services
of social workers in the policies or contracts of any insurance company,
health services corporation, or other third-party payer. (L. 2001 H.B.
567)

1. The committee shall promulgate rules and regulations
pertaining to:

(1) The form and content of license applications required by the
provisions of sections 337.650 to 337.689 and the procedures for filing
an application for an initial or renewal license in this state;

(2) Fees required by the provisions of sections 337.650 to 337.689;

(3) The characteristics of "supervised baccalaureate experience" as that
term is used in section 337.665;

(4) The standards and methods to be used in assessing competency as a
licensed baccalaureate social worker, including the requirement for
annual continuing education units;

(5) Establishment and promulgation of procedures for investigating,
hearing and determining grievances and violations occurring pursuant to
the provisions of sections 337.650 to 337.689;

(6) Development of an appeal procedure for the review of decisions and
rules of administrative agencies existing pursuant to the constitution or
laws of this state;

(7) Establishment of a policy and procedure for reciprocity with other
states, including states which do not have baccalaureate or clinical
social worker licensing laws or states whose licensing laws are not
substantially the same as those of this state; and

(8) Any other policies or procedures necessary to the fulfillment of the
requirements of sections 337.650 to 337.689.

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 sections
337.650 to 337.689 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.
2001 H.B. 567)

1. The committee may refuse to issue or renew any license
required by the provisions of sections 337.650 to 337.689 for one or any
combination of causes 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 applicant's right to file a
complaint with the administrative hearing commission as provided by
chapter 621, RSMo.

2. 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 required by sections 337.650 to 337.689
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 any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent that such use impairs a person's ability
to engage in the occupation of baccalaureate social work; except that the
fact that a person has undergone treatment for past substance or alcohol
abuse and/or has participated in a recovery program shall not by itself
be cause for refusal to issue or renew a license;

(2) 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 a
baccalaureate social worker; 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
license issued pursuant to the provisions of sections 337.650 to 337.689
or in obtaining permission to take any examination given or required
pursuant to the provisions of sections 337.650 to 337.689;

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

(5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in
the performance of the functions or duties of a baccalaureate social
worker;

(6) Violation of, or assisting or enabling any person to violate, any
provision of sections 337.650 to 337.689, or of any lawful rule or
regulation adopted pursuant to sections 337.650 to 337.689;

(7) Impersonation of any person holding a license or allowing any person
to use the person's license or diploma from any school;

(8) Revocation or suspension of a license or other right to practice
baccalaureate social work granted by another state, territory, federal
agency or country upon grounds for which revocation or suspension is
authorized in this state;

(9) Final adjudication as incapacitated by a court of competent
jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice
baccalaureate social work who is not licensed and currently eligible to
practice pursuant to the provisions of sections 337.650 to 337.689;

(11) Obtaining a license based upon a material mistake of fact;

(12) Failure to display a valid license if so required by sections
337.650 to 337.689 or any rule promulgated hereunder;

(13) Violation of any professional trust or confidence;

(14) 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;

(15) Being guilty of unethical conduct based on the code of ethics of the
National Association of Social Workers.

3. Any person, organization, association or corporation who reports or
provides information to the committee pursuant to the provisions of
sections 337.650 to 337.689 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 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
committee may 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. (L. 2001 H.B. 567)

1. Violation of any provision of sections 337.650 to 337.689
shall be a class B misdemeanor.

2. All fees or other compensation received for services which are
rendered in violation of sections 337.650 to 337.689 shall be refunded.

3. The department on behalf of the committee may sue in its own name in
any court in this state. The department shall inquire as to any
violations of sections 337.650 to 337.689, may institute actions for
penalties herein prescribed, and shall enforce generally the provisions
of sections 337.650 to 337.689.

4. Upon application by the committee, the attorney general may on behalf
of the committee 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 of business authorized by a certificate of
registration or authority, permit or license issued pursuant to sections
337.650 to 337.689 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 the provisions of this section shall be
commenced either in the county in which such conduct occurred or in the
county in which the defendant resides.

6. Any action brought pursuant to this section may be in addition to or
in lieu of any penalty provided by sections 337.650 to 337.689 and may be
brought concurrently with other actions to enforce the provisions of
sections 337.650 to 337.689. (L. 2001 H.B. 567)

Persons licensed pursuant to the provisions of sections 337.650
to 337.689 may not disclose any information acquired from persons
consulting them in their professional capacity, or be compelled to
disclose such information except:

(1) With the written consent of the client, or in the case of the
client's death or disability, the client's personal representative or
other person authorized to sue, or the beneficiary of an insurance policy
on the client's life, health or physical condition;

(2) When such information pertains to a criminal act;

(3) When the person is a child under the age of eighteen years and the
information acquired by the licensee indicated that the child was the
victim of a crime;

(4) When the person waives the privilege by bringing charges against the
licensee;

(5) When the licensee is called upon to testify in any court or
administrative hearings concerning matters of adoption, adult abuse,
child abuse, child neglect, or other matters pertaining to the welfare of
clients of the licensee; or

(6) When the licensee is collaborating or consulting with professional
colleagues or an administrative superior on behalf of the client. (L.
2001 H.B. 567)

Nothing in sections 337.650 to 337.689 shall be construed to
prohibit any person licensed pursuant to the provisions of sections
337.650 to 337.689 from testifying in court hearings concerning matters
of adoption, adult abuse, child abuse, child neglect, or other matters
pertaining to the welfare of children or any dependent person, or from
seeking collaboration or consultation with professional colleagues or
administrative supervisors on behalf of the client. (L. 2001 H.B. 567)

As used in sections 337.700 to 337.739, the following terms mean:

(1) "Committee", the state committee for family and marital therapists;

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

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

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

(5) "Fund", the marital and family therapists' fund created in section
337.712;

(6) "Licensed marital and family therapist", a person to whom a license
has been issued pursuant to the provisions of sections 337.700 to
337.739, whose license is in force and not suspended or revoked;

(7) "Marital and family therapy", the use of scientific and applied
marriage and family theories, methods and procedures for the purpose of
describing, evaluating and modifying marital, family and individual
behavior within the context of marital and family systems, including the
context of marital formation and dissolution. Marriage and family therapy
is based on systems theories, marriage and family development, normal and
dysfunctional behavior, human sexuality and psychotherapeutic, marital
and family therapy theories and techniques and includes the use of
marriage and family therapy theories and techniques in the evaluation,
assessment and treatment of intrapersonal or interpersonal dysfunctions
within the context of marriage and family systems. Marriage and family
therapy may also include clinical research into more effective methods
for the treatment and prevention of the above-named conditions;

(8) "Practice of marital and family therapy", the rendering of
professional marital and family therapy services to individuals, family
groups and marital pairs, singly or in groups, whether such services are
offered directly to the general public or through organizations, either
public or private, for a fee, monetary or otherwise. (L. 1995 S.B. 69, et
al.)

No person shall use the title of "licensed marital and family
therapist", "marital and family therapist", "provisional marital and
family therapist", or engage in the practice of marital and family
therapy in this state unless the person is licensed as required by the
provisions of sections 337.700 to 337.739. Sections 337.700 to 337.739
shall not apply to:

(1) Any person registered, certificated or licensed by this state,
another state or any recognized national certification agent acceptable
to the division to practice any other occupation or profession while
rendering services similar in nature to marital and family therapy in the
performance of the occupation or profession in which the person is
registered, certificated or licensed, so long as the person does not use
the title of "licensed marital and family therapist", "marital and family
therapist", or "provisional marital and family therapist";

(2) The practice of any marital and family therapist who is employed by
any political subdivision, school district, agency or department of the
state of Missouri while discharging the therapist's duties in that
capacity; and

(3) Duly ordained ministers or clergy, religious workers and volunteers
or Christian Science Practitioners. (L. 1995 S.B. 69, et al., A.L. 2004
H.B. 1195)

1. For a period of six months from September 1, 1995, a person
may apply for licensure without examination and shall be exempt from the
academic requirements of sections 337.700 to 337.739 if the division is
satisfied that the applicant:

(1) Has been a resident of the state of Missouri for at least the last
six months; and

(2) Holds a valid license as a marital and family therapist from another
state.

2. The division may determine by administrative rule the types of
documentation needed to verify that an applicant meets the qualifications
provided in subsection 1 of this section.

3. After March 1, 1996, no person may engage in marital and family
therapy for compensation or hold himself or herself out as a "licensed
marital and family therapist", "marital and family therapist", or
"provisional marital and family therapist" unless the person complies
with all educational and examination requirements and is licensed in
accordance with the provisions of sections 337.700 to 337.739. (L. 1995
S.B. 69, et al., A.L. 2004 H.B. 1195)

No provision of sections 337.700 to 337.739 shall be construed
to require any agency, corporation or organization, not otherwise
required by law, to employ licensed marital and family therapists. (L.
1995 S.B. 69, et al.)

1. Applications for licensure as a marital and family therapist
shall be in writing, submitted to the division 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 division 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 division.

2. The division shall mail a renewal notice to the last known address of
each licensee prior to the licensure renewal date. Failure to provide the
division with the information required for license, or to pay the
licensure fee after such notice shall effect a revocation of the license
after a period of sixty days from the licensure renewal date. The license
shall be restored if, within two years of the licensure date, the
applicant provides written application and the payment of the licensure
fee and a delinquency fee.

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

4. The division shall set the amount of the fees authorized. The fees
shall be set at a level to produce revenue which shall not substantially
exceed the cost and expense of administering the provisions of sections
337.700 to 337.739. All fees provided for in sections 337.700 to 337.739
shall be collected by the director who shall deposit the same with the
state treasurer to a fund to be known as the "Marital and Family
Therapists' Fund".

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 two times the amount of the appropriations from
the marital and family therapists' fund for the preceding fiscal year or,
if the division requires by rule renewal less frequently than yearly then
three times the appropriation from the 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 marital and family therapists' fund for the preceding fiscal
year. (L. 1995 S.B. 69, et al., A.L. 2004 S.B. 1122)

1. Each applicant for licensure as a marital and family
therapist shall furnish evidence to the division that:

(1) The applicant has a master's degree or a doctoral degree in marital
and family therapy, or its equivalent, 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;

(2) The applicant has twenty-four months of postgraduate supervised
clinical experience acceptable to the division, as the division
determines by rule;

(3) Upon examination, the applicant is possessed of requisite knowledge
of the profession, including techniques and applications research and its
interpretation and professional affairs and ethics;

(4) The applicant is at least eighteen years of age, is of good moral
character, is a United States citizen or has status as a legal resident
alien, and has not been convicted of a felony during the ten years
immediately prior to application for licensure.

2. A licensed marriage and family therapist who has had no violations and
no suspensions and no revocation of a license to practice marriage and
family therapy in any jurisdiction may receive a license in Missouri
provided said marriage and family therapist passes a written examination
on Missouri laws and regulations governing the practice of professional
counseling as defined in section 337.700, and meets one of the following
criteria:

(1) Is a member in good standing and holds a certification from the
Academy of Marriage and Family Therapists;

(2) Is currently licensed or certified as a licensed marriage and family
therapist in another state, territory of the United States, or the
District of Columbia; and

(a) Meets the educational standards set forth in subdivision (1) of
subsection 1 of this section;

(b) Has been licensed for the preceding five years; and

(c) Has had no disciplinary action taken against the license for the
preceding five years; or

(3) Is currently licensed or certified as a marriage and family therapist
in another state, territory of the United States, or the District of
Columbia that extends like privileges for reciprocal licensing or
certification to persons licensed by this state with similar
qualifications.

3. The division shall issue a license to each person who files an
application and fee as required by the provisions of sections 337.700 to
337.739, and who furnishes evidence satisfactory to the division that the
applicant has complied with the provisions of subdivisions (1) to (4) of
subsection 1 of this section or with the provisions of subsection 2 of
this section. (L. 1995 S.B. 69, et al., A.L. 2004 H.B. 1195)

1. Each license issued pursuant to the provisions of sections
337.700 to 337.739 shall expire on a renewal date established by the
director. The term of licensure shall be twenty-four months; however, the
director may establish a shorter term for the first licenses issued
pursuant to sections 337.700 to 337.739. The division shall renew any
license upon application for a renewal and upon payment of the fee
established by the division pursuant to the provisions of section 337.712.

2. The division may issue temporary permits to practice under extenuating
circumstances as determined by the division and defined by rule. (L. 1995
S.B. 69, et al.)

1. The division shall promulgate rules and regulations
pertaining to:

(1) The form and content of license applications required by the
provisions of sections 337.700 to 337.739 and the procedures for filing
an application for an initial or renewal license in this state;

(2) Fees required by the provisions of sections 337.700 to 337.739;

(3) The content, conduct and administration of the licensing examination
required by section 337.715;

(4) The characteristics of supervised clinical experience as that term is
used in section 337.715;

(5) The equivalent of the basic educational requirements set forth in
section 337.715;

(6) The standards and methods to be used in assessing competency as a
licensed marital and family therapist;

(7) Establishment and promulgation of procedures for investigating,
hearing and determining grievances and violations occurring under the
provisions of sections 337.700 to 337.739;

(8) Development of an appeal procedure for the review of decisions and
rules of administrative agencies existing under the constitution or laws
of this state;

(9) Establishment of a policy and procedure for reciprocity with other
states, including states which do not have marital and family therapist
licensing laws or states whose licensing laws are not substantially the
same as those of this state; and

(10) Any other policies or procedures necessary to the fulfillment of the
requirements of sections 337.700 to 337.739.

2. No rule or portion of a rule promulgated under the authority of
sections 337.700 to 337.739 shall become effective until it has been
approved by the joint committee on administrative rules in accordance
with the procedures provided in this section, and the delegation of the
legislative authority to enact law by the adoption of such rules is
dependent upon the power of the joint committee on administrative rules
to review and suspend rules pending ratification by the senate and the
house of representatives as provided in this section.

3. Upon filing any proposed rule with the secretary of state, the
division shall concurrently submit such proposed rule to the committee,
which may hold hearings upon any proposed rule or portion thereof at any
time.

4. A final order of rulemaking shall not be filed with the secretary of
state until thirty days after such final order of rulemaking has been
received by the committee. The committee may hold one or more hearings
upon such final order of rulemaking during the thirty-day period. If the
committee does not disapprove such order of rulemaking within the thirty-
day period, the division may file such order of rulemaking with the
secretary of state and the order of rulemaking shall be deemed approved.

5. The committee may, by majority vote of the members, suspend the order
of rulemaking or portion thereof by action taken prior to the filing of
the final order of rulemaking only for one or more of the following
grounds:

(1) An absence of statutory authority for the proposed rule;

(2) An emergency relating to public health, safety or welfare;

(3) The proposed rule is in conflict with state law;

(4) A substantial change in circumstance since enactment of the law upon
which the proposed rule is based.

6. If the committee disapproves any rule or portion thereof, the division
shall not file such disapproved portion of any rule with the secretary of
state and the secretary of state shall not publish in the Missouri
Register any final order of rulemaking containing the disapproved portion.

7. If the committee disapproves any rule or portion thereof, the
committee shall report its findings to the senate and the house of
representatives. No rule or portion thereof disapproved by the committee
shall take effect so long as the senate and the house of representatives
ratify the act of the joint committee by resolution adopted in each house
within thirty legislative days after such rule or portion thereof has
been disapproved by the joint committee.

8. Upon adoption of a rule as provided in this section, any such rule or
portion thereof may be suspended or revoked by the general assembly
either by bill or, pursuant to section 8, article IV of the Constitution
of Missouri, by concurrent resolution upon recommendation of the joint
committee on administrative rules. The committee shall be authorized to
hold hearings and make recommendations pursuant to the provisions of
section 536.037, RSMo. The secretary of state shall publish in the
Missouri Register, as soon as practicable, notice of the suspension or
revocation. (L. 1995 S.B. 69, et al.)

1. The division may refuse to issue or renew any license
required by the provisions of sections 337.700 to 337.739 for one or any
combination of causes stated in subsection 2 of this section. The
division 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 by
chapter 621, RSMo.

2. The division may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any license required by sections 337.700 to 337.739 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 any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent that such use impairs a person's ability
to engage in the occupation of marital and family therapist; except the
fact that a person has undergone treatment for past substance or alcohol
abuse or has participated in a recovery program, shall not by itself be
cause for refusal to issue or renew a license;

(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty 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 a marital and family therapist;
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
license issued pursuant to the provisions of sections 337.700 to 337.739
or in obtaining permission to take any examination given or required
pursuant to the provisions of sections 337.700 to 337.739;

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

(5) Incompetency, misconduct, fraud, misrepresentation or dishonesty in
the performance of the functions or duties of a marital and family
therapist;

(6) Violation of, or assisting or enabling any person to violate, any
provision of sections 337.700 to 337.739 or of any lawful rule or
regulation adopted pursuant to sections 337.700 to 337.739;

(7) Impersonation of any person holding a license or allowing any person
to use the person's license or diploma from any school;

(8) Revocation or suspension of a license or other right to practice
marital and family therapy granted by another state, territory, federal
agency or country upon grounds for which revocation or suspension is
authorized in this state;

(9) Final adjudication as incapacitated by a court of competent
jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice
marital and family therapy who is not licensed and is not currently
eligible to practice under the provisions of sections 337.700 to 337.739;

(11) Obtaining a license based upon a material mistake of fact;

(12) Failure to display a valid license if so required by sections
337.700 to 337.739 or any rule promulgated hereunder;

(13) Violation of any professional trust or confidence;

(14) 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;

(15) Being guilty of unethical conduct as defined in the ethical
standards for marital and family therapists adopted by the committee by
rule and filed with the secretary of state.

3. Any person, organization, association or corporation who reports or
provides information to the division pursuant to the provisions of
sections 337.700 to 337.739 and who does so in good faith shall not be
subject to an action for civil damages as a result thereof.

4. After 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
division may censure or place the person named in the complaint on
probation on such terms and conditions as the division 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. (L. 1995 S.B. 69, et al.)

1. Violation of any provision of sections 337.700 to 337.739 is
a class B misdemeanor.

2. All fees or other compensation received for services which are
rendered in violation of sections 337.700 to 337.739 shall be refunded.

3. The department on behalf of the division may sue in its own name in
any court in this state. The department shall inquire as to any
violations of sections 337.700 to 337.739, may institute actions for
penalties prescribed, and shall enforce generally the provisions of
sections 337.700 to 337.739.

4. Upon application by the division, the attorney general may on behalf
of the division 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;

(2) Engaging in any practice of business authorized by a certificate of
registration or authority, permit or license issued pursuant to sections
337.700 to 337.739, 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 the provisions of this section shall be
commenced either in the county in which such conduct occurred or in the
county in which the defendant resides.

6. Any action brought under this section may be in addition to or in lieu
of any penalty provided by sections 337.700 to 337.739 and may be brought
concurrently with other actions to enforce the provisions of sections
337.700 to 337.739. (L. 1995 S.B. 69, et al.)

Persons licensed under the provisions of sections 337.700 to
337.739 may not disclose any information acquired from persons consulting
them in their professional capacity, or be compelled to disclose such
information except:

(1) With the written consent of the client, or in the case of the
client's death or disability, the client's personal representative or
other person authorized to sue or the beneficiary of any insurance policy
on the client's life, health or physical condition;

(2) When such information pertains to a criminal act;

(3) When the person is a child under the age of eighteen years and the
information acquired by the licensee indicated that the child was the
victim of a crime;

(4) When the person waives the privilege by bringing charges against the
licensee;

(5) When the licensee is called upon to testify in any court or
administrative hearings concerning matters of adoption, adult abuse,
child abuse, child neglect or other matters pertaining to the welfare of
clients of the licensee; or

(6) When the licensee is collaborating or consulting with professional
colleagues or an administrative superior on behalf of the client. (L.
1995 S.B. 69, et al.)

1. There is created and established the "State Committee of
Marital and Family Therapists" which shall consist of four family and
marital therapists and two voting public members. The committee shall be
appointed by the governor with the advice and consent of the senate.
Committee members shall serve for a term of five years, except for the
members first appointed, one public member and one other member shall be
appointed for five years, two members shall be appointed for four years,
the other public member and one other member appointed for three years.
No person shall be eligible for appointment to the committee who has
served as a member of the committee for a total of ten years. Members
shall be appointed to represent a diversity in gender, race and
ethnicity. No more than three members shall be from the same political
party.

2. Each nonpublic committee member shall be a resident of the state of
Missouri for one year, shall be a United States citizen, and shall meet
all the requirements for licensing enumerated in sections 337.700 to
337.739, shall be licensed pursuant to sections 337.700 to 337.739,
except the members of the first committee, who shall be licensed within
six months of their appointment, and are actively engaged in the practice
of marital and family therapy. If a member of the committee shall, during
the member's term as a committee member, remove the member's domicile
from the state of Missouri, then the committee shall immediately notify
the governor, and the seat of that committee member shall be declared
vacant. All such vacancies shall be filled by appointment as in the same
manner as the first appointment, and the member so appointed shall serve
for the unexpired term of the member whose seat has been declared vacant.
The public members shall be at the time of each member'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 pursuant to this chapter
or the spouse of such person; a person who does not have and never has
had a material, financial interest in either the provision of the
professional services regulated by this chapter, or an activity or
organization directly related to any profession licensed or regulated
pursuant to this chapter.

3. The committee shall hold a regular annual meeting at which it shall
select from among its members a chairman and a secretary. A quorum of the
committee shall consist of a majority of its members. In the absence of
the chairman, the secretary shall conduct the office of the chairman.

4. No member of the committee shall receive any compensation for the
performance of the member's official duties but shall be entitled to
reimbursement for necessary and actual expenses incurred in the
performance of the member's duties. The committee shall share resources
and facilities with the office for the committee for professional
counselors provided for in sections 337.500 to 337.540. All staff for the
committee shall be provided by the director of the division of
professional registration.

5. The governor may remove any member of the committee for misconduct,
inefficiency, incompetency or neglect of office. (L. 1995 S.B. 69, et
al., A.L. 1999 H.B. 343)

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